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dependent upon the alleged employer or was instead in business for himself.” See
Anfinson v. FedEx Ground Package Sys. Inc., 174 Wn.2d 851, 871, 281 P.3d 289 (2012)
(citation omitted). Although the facts may be applied differently in each case, in
general, the following non-exhaustive list of factors are considered in determining
the proper classification:

• The degree of the alleged employer's right to control the manner in
which the work is to be performed;

• The alleged employee's opportunity for profit or loss depending upon
his managerial skill;

• The alleged employee's investment in equipment or materials
required for his task, or his employment of helpers;

• Whether the service rendered requires a special skill;

• The degree of permanence of the working relationship;

• Whether the service rendered is an integral part of the alleged
employer's business.

CHAPTER 63. Antidiscrimination Laws

a. Prohibitions

Under federal, state, and local law, a nonprofit employer may not refuse to
hire an applicant, treat an employee, or fire an employee because of the race, color,
religion, sex, disabling condition, age or national origin. The Washington Law
Against Discrimination (the “WLAD”) protects the same groups as federal law, which
also prohibits discrimination on the basis of marital status and sexual orientation.

In addition to these categories, the Seattle Municipal Code also prohibits
employment discrimination on the basis of sexual orientation, gender identity,
marital status and political ideology, as well as on the basis of race, gender, national
origin, religion, and disabling condition. Other localities may have their own
requirements, so a nonprofit should be sure to check on the specific regulations
applicable to its location.

In very rare circumstances, Title VII of the Civil Rights Act of 1964 (“Title VII”)
allows employers to consider the gender, national origin, or religion of an applicant
as a bona fide occupational qualification (“BFOQ”) for a specific position. The BFOQ
standard is difficult to demonstrate and requires that all, or substantially all,

WASHINGTON NONPROFIT HANDBOOK -214- 2018