COLE v. HARVEYLAND, LLC

No. 65404-7-I.

258 P.3d 70 (2011)

163 Wn. App. 199

Deborah COLE, Respondent, v. HARVEYLAND, LLC, d/b/a The Harvey Apartments Group, a Washington corporation; Marwood, LLC, a Washington corporation, and Donald Harvey, a single man, and Michelle Jerome and John Doe Jerome and their marital community, Appellants.

Court of Appeals of Washington, Division 1.

August 22, 2011.


Attorney(s) appearing for the Case

Katherine George , Harrison Benis & Spence LLP, Seattle, WA, for Appellants.

Jeffrey Lowell Needle , Seattle, WA, for Respondent.

D. Michael Reilly , Lane Powell PC, Seattle, WA, for Amicus Curiae National Federation/Independent Business Small Business Legal Ctr.


BECKER, J.

¶ 1 The Washington Law Against Discrimination provides an exemption from private suit for employers of fewer than eight persons. Where the employer fails to raise the eight employee issue in the trial court, RAP 2.5(a) does not provide a basis for appellate review. The eight employee threshold is not "jurisdictional," and the present case is not one where the plaintiff wholly failed to establish facts upon which relief could be granted. The issue is...

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