Martinez-Cuevas, et al. v. Deruyter Brothers Dairy, Inc., et al.

This court case is active

The ACLU of Washington filed an amicus brief on September 9, 2019 in Martinez-Cuevas, et al. v. Deruyter Brothers Dairy, Inc., et al. RWC  49.46.130(2)(g) excludes farmworkers in Washington State from the right to overtime pay. The workers impacted by this law are overwhelmingly Latinx, and our brief asks the court to recognize this disparate impact as grounds for strict scrutiny of the statute under the equal protection guarantee of the Washington Constitution. It argues that the Washington Supreme Court has the authority to hold the Washington Constitution's equal protection clause as providing broader protection than the Fourteenth Amendment. Disparate impact discrimination is discrimination.