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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Cornwell could not discuss the details of the lawsuit, but knew that the suit involved a

review score and male supervisor. Blake also knew that Cornwell "had a legal action

with Microsoft about a review score." CP at 55. Blake then followed up with human

resources about Cornwell's lawsuit with Microsoft. ®

Given Blake and McKinley's knowledge of the suit and the poor performance

rating and termination that followed shortly thereafter,® it is a reasonable inference

that these actions were in retaliation for Cornwell's previous lawsuit. See Raad, 323

F.3d at 1197 ('"That an employer's actions were caused by an employee's

engagement in protected activities may be inferred from proximity in time between the

protected action and the allegedly retaliatory employment decision.'" (internal

quotation marks omitted)(quoting Ray v. Henderson, 217 F.3d 1234, 1244 (9th Cir.

2000)); see also Wilmot, 118 Wn.2d at 69 (stating, "'[pjroximity in time between the

® Contrary to the dissent's criticisms, it is because of all of the facts here discussed, not merely
because CornweN's prior suit involved a male supervisor, that her claim survives summary
judgment. Dissent at 2. Further, also despite the dissent's assertions, we know that Cornweirs
prior suit related to sex discrimination; we do not make (or need to make) the "over-inclusive"
assumption that all suits by a female employee against a male supervisor involve sex
discrimination. Accordingly, the dissent's list of hypothetical claims that might have been brought
is surplusage. Id. at 2-5.
9 Cornwell told Blake about the lawsuit in late 2011. In July 2012, Blake and McKinley rated
Cornwell as a "5," and Cornwell was laid off in September 2012.