The Washington Law Against Discrimination (WLAD) prohibits discrimination in the workplace. The Union Gospel Mission of Yakima brought a lawsuit arguing that the Free Exercise Clause of the Constitution entitles employers to violate the WLAD if they have a sincere religious objection to complying. In an unprecedented ruling, the U.S. District Court for the Eastern District of Washington agreed with the Union Gospel Mission. According to the district court, because the WLAD—like the federal Title VII and countless other laws and regulations for employers—has an exemption for small employers (whether religious or secular) with fewer than a particular number of employees, the Free Exercise Clause requires a similar exemption for large employers who wish to discriminate for religious reasons. The defendants appealed to the United States Court of Appeals for the Ninth Circuit.
On January 6, 2025, we joined the ACLU and the ACLU of Washington in filing an amicus brief before the Ninth Circuit, urging the Ninth Circuit to reverse the district court’s ruling. We argue that the WLAD is religion-neutral and generally applicable and thus does not violate the Free Exercise Clause. Our brief explains that many employment antidiscrimination laws distinguish between small and large employers, that those distinctions do not undermine the laws’ neutrality or general applicability, and that the district court’s ruling is inconsistent with the Supreme Court’s decision in Employment Division v. Smith.
