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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networking account—all in violation of RCW 49.44.200(1)(e). A female
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Cornwell(Dawn) v. Microsoft Corp., No. 94846-1
(Gordon McCloud, J., dissenting)

employee's refusal to take a 23andMe DNA (deoxyribonucleic acid) test, even

though everybody else in the department was doing so and thought that looking at

the results was great fun, might also generate a poor review score from a male

supervisor, violating 42 U.S.C. § 2000ff-l(b). A male supervisor might also give a

female employee a poor review score because she declined to support the

company's—or her supervisor's—^preferred candidate or political party,

implicating RCW 42.17A.495(2). A male supervisor could also give a female

employee a poor review score because he thought that her invocation of federal

bankruptcy protections in her personal life made her unreliable and untrustworthy,

in violation of 11 U.S.C. § 525(b). Annoyed at the increased paper work in his life,

a male supervisor could also give a female employee a poor review score because

she filed a workers' compensation claim—rurming afoul of RCW 51.48.025(1).

Likewise, a male supervisor might give a female employee a poor review score

because she took action to stop her employer from defrauding the federal

government, implicating 31 U.S.C. § 3730(h)(1).

All of these supervisory actions would be illegal—but none would

violate the WLAD. They would violate other statutes. For this reason, the

majority's conclusion that a female employee's review-score lawsuit against a male