EEOC Filing Deadline for Claims Against Non-Profit Religious Employers in Washington is 180 days

Plaintiff filed a charge of discrimination with the EEOC and the Washington Human Rights Commission (HRC) against her employer, a church, alleging sexual harassment by the pastor and ?retaliatory ?discharge. ?The? trial ?court dismissed her Title VII claims for failing to file her? charge? within? 180? days? as? required? under Title VII because the state Fair Employment Practices agency, the HRC, did not have subject matter jurisdiction because non-profit religious organizations are exempt from the definition of ?employer? under RCW 49.60. ?Where the HRC has jurisdiction, the employee has 300 days to file. See 42 U.S.C. sec. 2000e-5(e)(1).? On appeal, the employee challenged the exemption to HRC jurisdiction as unconstitutional violations of the Equal Protection and Establishment Clauses.? The Ninth Circuit affirmed on the same grounds, declining to address the constitutionality of the exemption. Having not addressed the constitutionality of the exemption, the Court also affirmed?? dismissal?? of?? Plaintiff?s?? RCW?? 49.60 claims? on? the? ground? that? the? employer? was exempt. ?MacDonald v. Grace Church Seattle, No.04-35984 (Aug. 11, 2006, Thompson, Tashima, Callahan).