Washington Water Power Co. v. Washington State Human Rights Commission

In this action, brought under RCW 34.04-.070, the respondent obtained a declaratory judgment that a rule promulgated by the Washington State Human Rights Commission was in excess of its statutory authority. The statute under which the rule was made (RCW 49.60) defines unfair practices in employment and includes among such practices discrimination based on "marital status" (RCW 49.60.180).

*64The commission determined, after receiving a number of complaints, that there exists among some employers in the state an employment policy known as "anti-nepotism." Where a policy of this kind is adopted,…