Patten v. Ackerman

846 P.2d 567, 68 Wash. App. 831, 1993 Wash. App. LEXIS 63, 61 Fair Empl. Prac. Cas. (BNA) 311
CourtCourt of Appeals of Washington
DecidedFebruary 25, 1993
DocketNo. 11705-7-III
StatusPublished
Cited by2 cases

This text of 846 P.2d 567 (Patten v. Ackerman) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patten v. Ackerman, 846 P.2d 567, 68 Wash. App. 831, 1993 Wash. App. LEXIS 63, 61 Fair Empl. Prac. Cas. (BNA) 311 (Wash. Ct. App. 1993).

Opinion

Thompson, J.

Two former employees of A Rentals, Inc., appeal a partial summary judgment dismissing their employment discrimination claims. The trial court dismissed the claims on the basis their employer was Myrlin Ackerman, not A Rentals, Inc., and Myrlin Ackerman did not have the requisite number of employees to come within the purview of RCW 49.60 (Washington's Law Against Discrimination) and 42 U.S.C. § 2000e (Title VII of the Civil Rights Act of 1964). We reverse and remand for trial.

Karen Patten was employed by A Rentals, Inc., d.b.a. Budget Rent-A-Car in Yakima, from January 10, 1981, to June 30, 1989. Ms. Herrera was employed from January 26, 1988, to July 9, 1989. The stock of A Rentals, Inc., is owned by Myrlin Ackerman. Myrlin Ackerman is also the company's general manager and president. Paul Ackerman and Bradley Ackerman, his sons, became permanent employees of A Rentals, Inc., in 1965 and 1977, respectively. Wilma Ackerman, his wife, became an employee in 1976. During the period between October 1, 1986, and July 9, 1989, when the alleged discriminatory acts occurred, A Rentals, Inc., employed a total of 7 to 10 persons on a full- and part-time basis.

In October 1989, Ms. Patten and Ms. Herrera filed their action against Myrlin and Wilma Ackerman and A Rentals, Inc. They alleged causes of action for battery, assault, outrage and violations of RCW 49.60 and 42 U.S.C. § 2000e. [834]*834After defendants answered the complaint and initial discovery was completed, defendants moved for summary judgment dismissing plaintiffs' claims for outrage and violations of RCW 49.60 and 42 U.S.C. § 2000e. The trial court dismissed plaintiffs' RCW 49.60 and 42 U.S.C. claims. In doing so, it determined Myrlin Ackerman was plaintiffs' employer because A Rentals, Inc., was a "closely held corporation". It then determined that Myrlin Ackerman was not an employee because he was the sole shareholder and none of the Ackermans should be counted as employees because they were members of his family. Plaintiffs timely appealed the dismissal of their claims under RCW 49.60.1

In an appeal from an order granting summary judgment, review is de novo and we engage in the same inquiry as the trial court. Wilson v. Steinbach, 98 Wn.2d 434, 437, 656 P.2d 1030 (1982). Summary judgment is appropriate only if there are no disputes as to material facts and the moving party is entitled to judgment as a matter of law. CR 56(c).

Plaintiffs first contend their employer was A Rentals, Inc., not Myrlin Ackerman. We agree.

An employer is defined in RCW 49.60.040 to include a corporation, other than a nonprofit religious or sectarian organization, which employs eight or more persons. A Rentals, Inc., is a private, for-profit Washington corporation. Although it may be characterized as "closely held", the Legislature has not expressly excluded closely held corporations from the statutory definition. To do so by judicial decree would be contrary to the purpose and liberal construction to be accorded RCW 49.60.2 Disregarding the corporate status of A Rentals, Inc., would also be contrary to established [835]*835principles of corporate law. See State v. Northwest Magnesite Co., 28 Wn.2d 1, 41, 182 P.2d 643 (1947) (the concentration of ownership in the hands of one or two principal shareholders does not, ipso jure, dispel the corporate characteristics of the organization); Morgan v. Burks, 93 Wn.2d 580, 587, 611 P.2d 751 (1980) (corporate entity should not be disregarded unless necessary to prevent the violation of a duty or unjustified loss to injured party). We hold that A Rentals, Inc., not Myrlin Ackerman, was the employer of Ms. Patten and Ms. Herrera as a matter of law.

We turn next to plaintiffs' contention that Myrlin Ackerman, Wilma Ackerman, and their sons were employees of A Rentals, Inc.

A Rentals, Inc., and Ackermans contend Myrlin Ackerman is not an employee under RCW 49.60 because he owns, manages and controls the corporation. They also contend that none of the other Ackerman family members are employees. They cite EEOC v. Dowd & Dowd, Ltd., 736 F.2d 1177 (7th Cir. 1984), Burke v. Friedman, 556 F.2d 867, 869 (7th Cir. 1977), and WAC 162-16-160(18).

There are no reported Washington cases which define who should be included or excluded as an employee in order to satisfy the eight or more employee requirement of RCW 49.60.040. Although it is clear from RCW 49.60.040 that the Legislature intended to exclude as employees any individual employed by his or her parents or spouse, we have already determined that A Rentals, Inc., not Myrlin Ackerman, was the employer. If further exclusions were intended, the Legislature would have so provided. Phillips v. Seattle, 111 Wn.2d 903, 908, 766 P.2d 1099 (1989) (because the statutory protections against discrimination are to be liberally construed, exceptions should be narrowly confined). We therefore hold that Ms. Ackerman and her sons are employees of A Rentals, Inc., as a matter of law.

We next consider whether Myrlin Ackerman ought to be considered an employee for purposes of RCW 49.60.040. The Human Rights Commission has adopted regulations to [836]*836implement RCW 49.60.3 Although they are limited in application to public agency enforcement of RCW 49.60, we find them instructive.

WAC 162-16-160 states in pertinent part:

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846 P.2d 567, 68 Wash. App. 831, 1993 Wash. App. LEXIS 63, 61 Fair Empl. Prac. Cas. (BNA) 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patten-v-ackerman-washctapp-1993.