ROSE v. HANNA MINING COMPANY

No. 46853.

94 Wn.2d 307 (1980)

616 P.2d 1229

RICHARD ROSE, Appellant, v. HANNA MINING COMPANY, Respondent.

The Supreme Court of Washington, En Banc.

September 18, 1980.


Attorney(s) appearing for the Case

Powell & Harnetiaux, by Sheila A. Malloy and Bryan P. Harnetiaux, for appellant.

Jeffers, Danielson & Foreman, P.S., by James M. Danielson and T.W. Small, Jr., for respondent.

Thomas H. Brown on behalf of Epilepsy Foundation of America and Slade Gorton, Attorney General, and Winslow Whitman, Assistant, amici curiae.


BRACHTENBACH, J.

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...

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