I o«7?_N0VJJJpi8 ,
SUSAN L^CARLSON
'^dA'AbAUA4 , C6- SUPREME COURT CLERK
IN THE SUPREME COURT OF THE STATE OF WASHINGTON
DAWN CORNWELL, No. 94846-1
Petitioner, En Banc
V.
Filed 2 9 2018
MICROSOFT CORPORATION,
A Delaware Corporation,
Respondent.
WIGGINS, J.—Dawn Cornwell asks us to reverse the grant of summary
judgment in her retaliation claim against her former employer, Microsoft Corporation.
At issue is whether she presented enough evidence to show that her supervisors had
sufficient knowledge that she had taken a protected action under the Washington Law
Against Discrimination (WLAD), RCW 49.60.030. Without establishing this
knowledge, Cornwell cannot demonstrate a potential causal link between the adverse
employment action taken against her and her protected activity. We hold that Cornwell
presented sufficient evidence to survive summary judgment on the issues of
knowledge and causation. The evidence tends to show that both of Cornwell's
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Cornwell(Dawn) v. Microsoft Corp.
No. 94846-1
supervisors had actual knowledge that Cornwell had previously engaged in protected
activity before they subjected her to adverse employment action. As a result, we
reverse the Court of Appeals and remand the case to the trial court for further
proceedings.
FACTS AND PROCEDURAL HISTORY
I. Factual History
While working for Microsoft, Cornwell believed that her then-supervisor was
discriminating against her on the basis of sex, engaging in romantic favoritism, and
taking retaliatory action against her. She hired an attorney and settled the case with
Microsoft. The settlement was confidential, and Cornwell was no longer required to
work under her then-manager, Todd Parsons.