Washington Law Review




The Washington State Board Against Discrimination processed a complaint filed by Mrs. Geraldine Arnett charging defendant hospital with refusing to accept her application for employment as tray girl because of her Negro race. Investigation by the board substantiated Mrs. Arnett's charge of racial discrimination, but informal negotiation between the board and defendant failed to yield a satisfactory solution. The board then held a formal hearing, found defendant in violation of the Law Against Discrimination, and ordered it to accept Mrs. Arnett's application and offer her employment in the first vacant position for tray girl, providing she met the standard qualification for that position. Defendant petitioned the superior court for review. The court modified the board's order by retaining the provision requiring acceptance of Mrs. Arnett's application but deleting the provision requiring an offer of employment. Seeking to reinstate its order in full, the board appealed to the Washington Supreme Court, which reversed and remanded. Held: The Washington State Board Against Discrimination can order an employer of unskilled labor to hire an applicant, against whom the employer has discriminated on the basis of race, when the position subsequently becomes vacant, provided the applicant meets the normal qualifications for the position. Arnett v. Seattle General Hospital, 65 Wash. Dec. 2d 1, 395 P.2d 503 (1964).

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