Human Rights Commission v. Cheney School District No. 30

641 P.2d 163, 97 Wash. 2d 118, 1982 Wash. LEXIS 1264, 51 Fair Empl. Prac. Cas. (BNA) 928
CourtWashington Supreme Court
DecidedFebruary 25, 1982
Docket47539-3
StatusPublished
Cited by107 cases

This text of 641 P.2d 163 (Human Rights Commission v. Cheney School District No. 30) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Human Rights Commission v. Cheney School District No. 30, 641 P.2d 163, 97 Wash. 2d 118, 1982 Wash. LEXIS 1264, 51 Fair Empl. Prac. Cas. (BNA) 928 (Wash. 1982).

Opinions

Dore, J.

The sole issue in the subject case is whether a hearing tribunal of the Washington State Human Rights Commission (hereinafter Commission) has authority to award compensation for humiliation and mental suffering caused by unlawful age discrimination. We hold it has no such authority.

Facts

Mary Spangenberg applied for a teaching position at Garden Springs School in the Cheney School District (hereinafter District) in 1977 when she was 40 years of age. The only requisite qualification for the job listed in the job bulletin was a valid Washington state teaching certificate. At the time, Spangenberg held a valid teaching certificate and had been employed by the District for 7 years. Although she was found qualified, she was not hired. One of the reasons for refusing her employment was that the District wanted a younger person for the position. The Dis[120]*120trict's decision caused Spangenberg to suffer humiliation and mental anguish and grief.

She filed a complaint with the Commission and the case was heard by a hearing tribunal. The tribunal found that the District did not hire Spangenberg because of her age, and awarded her a judgment of $4,500 for humiliation and mental suffering.

The District appealed to the Superior Court which ruled that the Commission and/or its hearing tribunal have no authority to award damages for mental suffering and/or humiliation in any amount. However, the court did grant judgment for nominal damages in the amount of $1,000. The Commission appealed to this court, claiming it had authority to award damages for humiliation and mental suffering and asked that the $4,500 award against the District be reinstated. The District did not appeal the $1,000 award for nominal damages, presumably on the basis that it did not include damages for mental suffering.

The Washington Law Against Discrimination, when originally enacted in 1949, covered only discrimination in employment because of race, creed, color or national origin. Laws of 1949, ch. 183. Tribunals were authorized only to issue cease and desist orders. Laws of 1949, ch. 183, § 8. In 1955, the Law Against Discrimination was revised and reenacted. At that time, RCW 49.60.250 was enacted, authorizing the tribunal to issue

an order requiring such respondent to cease and desist from such unfair practice and to take such affirmative action, including, (but not limited to) hiring, reinstatement or upgrading of employees, with or without back pay, an admission or restoration to full membership rights in any respondent organization, or to take such other action as, in the judgment of the tribunal, will effectuate the purposes of this chapter, . . .

(Italics ours.) The italicized language was added in 1957.

Pursuant to RCW 49.60.250 and the italicized language "or to take such other action," the Legislature granted the Commission the power to give hearing tribunals acting in [121]*121its behalf "general jurisdiction and power" to eliminate and prevent prohibited discrimination. Both parties agree that the Legislature did not expressly give such a tribunal the power to award damages for humiliation and mental suffering. However, appellant claims this power by inference under the statutory language of "or to take such other action".

Where statutory language is plain and unambiguous, a statute's meaning must be derived from the wording of the statute' itself. In re Lehman, 93 Wn.2d 25, 604 P.2d 948 (1980); Garrison v. State Nursing Bd., 87 Wn.2d 195, 550 P.2d 7 (1976). Ambiguous statutes such as the one in the present case, however, should be interpreted in a reasonable manner, and courts should strive to seek out the intent of the legislative body. Odessa Trading Co. v. Federal Crop Ins. Corp., 6 Wn. App. 423, 493 P.2d 809 (1972). The primary role of this court in interpreting statutes is to determine the intent of the Legislature and to give effect to that intent. Burlington N., Inc. v. Johnston, 89 Wn.2d 321, 572 P.2d 1085 (1977). To this end, the statute must be read as a whole; intent is not to be determined by a single sentence (or, in this case, the single phrase "or to take such other action"). State v. Fenter, 89 Wn.2d 57, 569 P.2d 67 (1977).

To determine the intent of the Legislature regarding the meaning of the words "or to take such other action as" as set forth in RCW 49.60.250, one must examine the 1957 journals of the House and Senate. There is no mention of the authority of the Commission to set up a tribunal having the power to award damages for humiliation and mental suffering. However, in the 1977 session of the Legislature, to wit, on February 7, 1977, Senate Bill 2482 was introduced which, on page 17, suggested an amendment to RCW 49.60.250 which, in part, provided

(8) If, upon all the evidence, the ((tribunal)) administrative law judge finds that the respondent has engaged in any unfair practice ((it)) said judge shall state ((its)) the findings of fact and shall issue and file with the ((board)) commission and cause to be served on such [122]*122respondent an order requiring such respondent to cease and desist from such unfair practice and to take such affirmative action, including, (but not limited to) hiring, reinstatement or upgrading of employees, with or without back pay, an admission or restoration to full membership rights in any respondent organization, or to take such other action as, in the judgment of the ((tribunal)) administrative law judge, guided by policies and precedents of the commission, will effectuate the purposes of this chapter, and including a requirement for report of the matter on compliance.

The suggested amendatory matter set forth in the above paragraph of SB 2482 is underlined. If the administrative law judge was guided by policies and precedents of the Commission, he would presumably have legislative authority to order damages for humiliation and mental suffering, for this is appellant's current policy. The Senate bill was reported out of committee on May 4, 1977. The Senate Journal, 45th Legislature (1977), at 1457-59, reflects legislative intent as to whether the Commission or a hearing tribunal appointed by the Commission had the authority to assess damages for humiliation and mental suffering. There is no mention specifically regarding the authority to assess damages, but the dialogue reflects legislative intent to expand the powers and authority of the Commission and its tribunals only as "expressly" stated in the statute.1

[123]

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Cite This Page — Counsel Stack

Bluebook (online)
641 P.2d 163, 97 Wash. 2d 118, 1982 Wash. LEXIS 1264, 51 Fair Empl. Prac. Cas. (BNA) 928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/human-rights-commission-v-cheney-school-district-no-30-wash-1982.