FILED 17 NOV 16 AM 9:30 1 KING COUNTY SUPERIOR COURT CLERK E-FILED CASE NUMBER: 17-2-29832-8 SEA 2 3 4 5 6 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING 7 8 MATTHEW S. WOODS, an individual 9 10 11 12 13 Case No.: Plaintiff, v. SEATTLE’S UNION GOSPEL MISSION, a Washington nonprofit, COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Defendant. 14 15 16 Plaintiff Matthew S. Woods (“Plaintiff” or “Woods”) brings this Complaint for 17 Declaratory and Injunctive Relief against Defendant Seattle’s Union Gospel Mission 18 (“Defendant” or “UGM”), and alleges as follows: I. PARTIES 19 20 1. Plaintiff was and is a resident of King County and sought employment with Defendant in King County, Washington. 21 2. Defendant is a nonprofit organization operating in King County, Washington. It 22 provides aid services to homeless and impoverished individuals. 23 24 25 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 1- Teller & Associates, PLLC 1139 34th Ave, Suite B Seattle, WA 98122 (206) 324-8969 Fax: 860-3172 II. JURISDICTION AND VENUE 1 3. 2 3 4 5 This Court has subject-matter jurisdiction over the parties pursuant to RCW 2.08.010. 4. This Court has personal jurisdiction over Defendant. 5. Venue is proper in this Court under RCW 4.12.020 because the events giving rise to this action occurred in King County. 6 III. FACTUAL ALLEGATIONS 7 6. Defendant had more than eight employees at all relevant time periods. 8 7. Upon information and belief, Defendant provides certain non-religious aid 9 services to poor and/or homeless individuals in Seattle and greater King County, including 10 emergency food and shelter, transitional housing, addiction and recovery support, dental 11 services, mental health services, and legal services. 12 13 14 15 8. Upon information and belief, Defendant provides certain religious support services to poor and/or homeless individuals in Seattle and greater King County, including a youth ministry and prison ministry. 9. Upon information and belief, Defendant provides legal services through its Open Door Legal Services (“ODLS”) program, which operates weekly free legal clinics in four 16 locations in Seattle, Bellevue, and Everett. The ODLS program description reads: 17 We’re giving poor and homeless men and women a voice, so they can move on to 18 the next stage of life. By clearing up their legal issues we equip them to leave 19 20 21 22 23 24 chronic homelessness in the past. Our volunteer lawyers and paralegals meet with each client to hear their story. Then we help them build a plan to address the issue. We exist to provide affordable legal assistance to those in greatest need. See http://www.ugm.org/site/PageServer?pagename=programs_legal (last accessed November 15, 2017). The ODLS program description and list of services do not reference religion. 25 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 2- Teller & Associates, PLLC 1139 34th Ave, Suite B Seattle, WA 98122 (206) 324-8969 Fax: 860-3172 1 10. Upon information and belief, the job duties of staff attorneys employed by 2 Defendant are wholly unrelated to any religious practice or activity. UGM staff attorneys’ 3 duties are not religious or sectarian in nature; UGM staff attorneys do not provide ministerial 4 services, UGM does not require its staff attorneys to lead or participate in religious services, and 5 6 does not require that UGM staff attorneys lead prayer or participate in other religious activities with UGM staff or clients. UGM staff attorney duties are similar to the job duties of an attorney employed by a non-religious provider of free or low-cost legal services. 7 11. Upon information and belief, staff attorneys and other individuals employed by 8 Defendant are asked to profess a personal Christian faith, contained in the organization’s 9 Statement of Faith. Defendant’s Statement of Faith does not reference or prohibit homosexual 10 11 12 13 behavior. 12. Woods is an attorney licensed by the Washington State Bar Association. 13. Woods is a bisexual man. 14. Woods is a Christian, and reviewed UGM’s Statement of Faith prior to 14 volunteering with the organization. He shares a common belief in the tenets expressed in 15 UGM’s Statement of Faith. 16 15. Between approximately June and September 2012, Woods served as an intern 17 with ODLS while he was in law school. Woods was supervised by the attorneys employed by 18 UGM. He continued to volunteer for UGM’s ODLS program as a law student and volunteer 19 attorney through approximately March 2015. 20 21 22 23 24 16. At all times relevant to this lawsuit, the UGM Employee Code of Conduct contained a prohibition on same-sex romantic relationships. Upon information and belief, UGM’s Employee Code of Conduct does not apply to student interns or volunteer attorneys. 17. During his tenure as an ODLS intern and volunteer, Woods was not required to sign the UGM Employee Code of Conduct. 25 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 3- Teller & Associates, PLLC 1139 34th Ave, Suite B Seattle, WA 98122 (206) 324-8969 Fax: 860-3172 1 2 3 4 5 6 18. During his tenure as an ODLS intern and volunteer, Woods was not aware of the UGM Employee Code of Conduct’s prohibition of same-sex romantic relationships. 19. On or around October 4, 2016, Woods received notification of an open ODLS staff attorney position via email from ODLS Director David Mace. 20. In response to Mace’s email of October 4, 2016, Woods inquired with ODLS staff attorney Alissa Baier about the open position. Baier responded that she, Mace, and other ODLS staff had been “wondering … if you would be looking for something new. Please do 7 apply!” 8 21. On or around October 13, 2016, Woods contacted Mace expressing interest in 9 the open staff attorney position, and disclosed that he was in in a same-sex relationship. 10 11 12 13 22. On or around October 14, 2016, Mace responded to Woods’ inquiry and disclosure of his relationship status, stating he was “sorry you won’t be able to apply,” citing UGM’s Employee Code of Conduct. 23. UGM’s Employee Code of Conduct states: “All staff members are required to 14 sign the doctrinal standard of Seattle’s Union Gospel Mission. All staff members are expected 15 to live by a Biblical moral code that excludes … homosexual behavior … and any activity that 16 would have an appearance of evil.” 17 24. Woods submitted an application to the open staff attorney position in the days 18 prior to November 11, 2016. His application met the qualifications described in UGM’s call for 19 applications. 20 21 22 23 24 25. In response to Woods’ application to UGM, he was contacted by a UGM staff member requesting a phone interview. When Woods asked whether she was aware of his sexual orientation, she stated she would need to get back to him to schedule the interview. 26. Directing Attorney David Mace verbally confirmed to Woods that UGM would not consider his application for the open UGM staff attorney position because of Woods’ sexual orientation: that is, his disclosure that he was in a same-sex relationship. 25 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 4- Teller & Associates, PLLC 1139 34th Ave, Suite B Seattle, WA 98122 (206) 324-8969 Fax: 860-3172 1 27. Woods was not selected for the UGM staff attorney position. 2 28. As a direct and proximate result of Defendant’s unlawful actions, Plaintiff has 3 4 5 6 lost business opportunities, suffered monetary damages, and other compensable damage. 29. As of the date of this filing, UGM’s Employee Code of Conduct prohibits UGM from hiring any person who discloses to UGM that they engage in sexual behavior with members of the same sex. IV. CAUSE OF ACTION 7 Violation of the Washington Law Against Discrimination 8 30. Plaintiff re-alleges and incorporates by reference the allegations set forth in 9 paragraphs 1-29 above. 10 31. 11 12 13 UGM is subject to civil liability under RCW 49.60, et seq. because the job duties of the position for which Plaintiff applied and for which UGM refused to consider his application were unrelated to any religious practices or activities. 32. The Washington Law Against Discrimination, RCW 49.60, protects the citizens 14 of Washington from discrimination on the basis of sexual orientation in employment. RCW 15 49.60.030; RCW 49.60.180. 16 33. The Washington Law Against Discrimination defines “sexual orientation” as 17 “heterosexuality, homosexuality, bisexuality, and gender expression or identity.” 18 49.60.040(26). The definition includes “having or being perceived as having … behavior … 19 different from that traditionally associated with the sex assigned to that person at birth.” Id. 20 34. RCW Plaintiff is a bisexual man in a romantic same-sex relationship and, for the 21 purposes of the definitions set forth in the Washington Law Against Discrimination, he is 22 protected based upon his “sexual orientation.” 23 24 25 35. By categorically excluding from employment any individual, including Plaintiff, who engages in “homosexual behavior,” Defendant has drawn a classification that discriminates on the basis of sexual orientation. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 5- Teller & Associates, PLLC 1139 34th Ave, Suite B Seattle, WA 98122 (206) 324-8969 Fax: 860-3172 1 36. As a result of this exclusion, individuals who, like Plaintiff, identify as 2 homosexual, bisexual, or whose gender identity and/or expression encompasses behavior 3 prohibited by Defendant’s policy are excluded from employment, but heterosexual individuals 4 are not excluded. 5 6 37. By excluding said individuals from consideration for any employment with UGM, Defendant has unlawfully discriminated – and continues to unlawfully discriminate – on the basis of sexual orientation in violation of the Washington Law Against Discrimination. 7 38. Defendant violated Plaintiff’s rights under Washington’s Law Against 8 Discrimination, RCW 49.60, by refusing to consider Plaintiff for employment as a staff attorney 9 because of his sexual orientation. 10 11 12 39. To the extent that Defendant asserts an exemption under RCW 49.60.040(11), this exemption is unconstitutional because the position for which Plaintiff sought employment was wholly unrelated to UGM’s religious practices or activities. 13 14 15 16 17 V. DAMAGES 40. As a result of Defendant’s actions, Plaintiff has lost nominal back pay and front pay, business opportunities, and other benefits in an amount to be established at trial. 41. As a result of Defendant’s actions, Plaintiff has incurred out-of-pocket legal costs and expenses in an amount to be established at trial. 18 19 20 21 22 23 24 VI. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for damages as appropriate to compensate for such injuries, as described above, under law as appropriate, including: 1. A money judgment against Defendant and in favor of Plaintiff in an amount to be determined at trial; 2. Declaratory relief pursuant to the Washington Law Against Discrimination; 3. Injunctive relief pursuant to the Washington Law Against Discrimination; 25 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 6- Teller & Associates, PLLC 1139 34th Ave, Suite B Seattle, WA 98122 (206) 324-8969 Fax: 860-3172 1 2 3 4. An award of statutory and reasonable attorneys’ fees and costs of suit as allowed under law; and 5. For such other relief as the court deems just and equitable. 4 5 DATED this 16th day of November, 2017. 6 TELLER & ASSOCIATES, PLLC 7 8 9 By: J. Denise Diskin, WSBA No. 41425 denise@stellerlaw.com Sara Amies, WSBA No. 36626 sara@stellerlaw.com Attorneys for Plaintiff 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 7- Teller & Associates, PLLC 1139 34th Ave, Suite B Seattle, WA 98122 (206) 324-8969 Fax: 860-3172