Wash. Supreme Court published opinion — 948461.pdf

Citation: Wash. Supreme Court published opinion — 948461.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/948461.pdf ↗

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is seldom appropriate" in the employment discrimination context, MIkkelsen v. Public

Utility District No. 1 of Kittltas County, 189 Wn.2d 516, 527, 404 P.3d 464 (2017). We

must also "consider all facts and make all reasonable factual inferences in the light

most favorable to the nonmoving party." Scrivener, 181 Wn.2d at 444.

ANALYSIS

We reverse the Court of Appeals. Cornwell has presented sufficient evidence

to make a prima facie case that Microsoft retaliated against her in violation of WLAD.

This evidence was adequate to create an issue of fact about whether there was a

causal link between her prior suit and Microsoft's decision to give her a poor review

rating and terminate her. Under either the "actual knowledge" standard or the "knew

or suspected" standard, Cornwell presented sufficient evidence of the employer

knowledge necessary to show causation. Ultimately, summary judgment was

Improper, and we remand the case to the trial court for further proceedings.
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Cornwell(Dawn) v. Microsoft Corp.
No. 94846-1

I. Retaliation under WLAD

WI_AD proscribes discrimination in employment on the basis of sex, race,

sexuai orientation, and other protected characteristics. RCW 49.60.030. WLAD also

prohibits employers from retaliating against empioyees who oppose discriminatory

practices. RCW 49.60.210(1). To further these purposes, the legislature has directed

us to iiberaliy construe the provisions of WLAD. RCW 49.60.020.

When evaluating the merits of cases brought under WLAD, we employ the

McDonnell Douglas^ "evidentiary burden-shifting" framework. MIkkelsen, 189 Wn.2d

at 526. This framework involves three steps, but we are concerned with only the first