Legal Opinion

Stephens v. Employment Security Department

Court of Appeals of Washington

Decided October 19, 2004No. 30864-9-IIPublished

1Opinion of the CourtArmstrong, J.

Kenneth Stephens appeals from a decision affirming the denial of unemployment benefits based on disqualifying misconduct. He claims that the statute excluding alcoholism as a defense to an employer’s misconduct justification violates the equal protection clause. He also claims that substantial evidence does not support the decision. We affirm.

Facts

Stephens began working for the Boeing Company on January 16, 1989. He took two leaves of absence for alcohol treatment (one in November 1990 and another in January-February 1991) and thus had to participate in Boeing’s employee assistance program.…

2Cases cited13 opinions

  1. Tapper v. Employment Security DepartmentWashington Supreme Court · 1993
  2. Buell v. City of BremertonWashington Supreme Court · 1972
  3. MacEy v. Department of Employment SecurityWashington Supreme Court · 1988
  4. Hamel v. Employment Security DepartmentCourt of Appeals of Washington · 1998
  5. Western Ports v. Employment SEC. Dept.Court of Appeals of Washington · 2002

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