Rose v. Hanna Mining Company

Defendant operates a ferro-silicon smelter plant. Plaintiff applied for a job as a laborer.

The plaintiff was denied employment solely because he was afflicted with the condition of epilepsy in some degree. In a summary judgment order, the trial court found complete freedom from epilepsy to be a bona fide occupational qualification (BFOQ) for working as a laborer in the defendant's smelter under the state statute prohibiting discrimination in employment. RCW 49.60.180. There are genuine issues as to material facts which preclude a summary judgment. We remand for further proceedings consistent…