Bennett v. Hardy

Plaintiffs allege age discrimination by their employer but cannot bring a cause of action against him under RCW 49.60, the state Law Against Discrimination, because he employs fewer than eight employees and thus is not within that statute's definition of employer. The issue presented is whether we should imply a cause of action under a separate statute, RCW 49.44.090, which makes age discrimination an unfair employment practice but does not create a remedy.

Two plaintiffs sued their former employer and his wife 1 alleging age discrimination and wrongful discharge. The trial court granted…