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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employer must have been gender-based is impermissibly overbroad. It includes
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Cornwell(Dawn) v. Microsoft Corp., No. 94846-1
(Gordon McCloud, J., dissenting)

within the WLAD's scope even claims in which the employee fails to show that the

employer knew or suspected that the employee engaged in WLAD-^xotQoXQd

activity.

The majority justifies its analysis by asserting that the supervisors'

"knowledge about the substance of the suit is" immaterial. Majority at 11.

According to the majority, "the decision-maker need have actual knowledge only

that the employee took the action in order to prove a causal connection." Id. The

majority cites Wilmotv. Kaiser Aluminum and Chemical Corp. for that proposition.

Id.; see 118 Wn.2d 46, 69, 821 P.2d 18 (1991). But that is not what Wilmot held.

Wilmot involved claims for wrongful termination in violation of public policy. 118

Wn.2d at 51-52. The plaintiffs alleged that their employers fired them because they

had filed workers' compensation claims. Id. We held "that a plaintiff may establish

the required case by showing that the worker filed a workers' compensation claim,

that the employer had knowledge of the claim, and that the employee was

discharged." Id. at 69. But that"knowledge ofthe claim" language was a reference

to the fact that in Wilmot, the substance of the claims—^that is, that they were

workers' compensation claims—was well known to the employers when they fired

the employees. Id. at 51; Moran v. Wash. Fruit & Produce,60 Wn. App. 548, 550,