LARRY CURRIER, individually;
LARRY CURRIER, DBA NO. 70128-2-1
AMERICAN CONTAINER EXPRESS,
as sole proprietor and agent; and DIVISION ONE
AMERICAN CONTAINER EXPRESS,
INC., a Washington corporation,
Respondent, PUBLISHED OPINION
v.
33»
NORTHLAND SERVICES, INC., FILED: August 4, 2014 CD
1
a Washington corporation,
Appellant,
JUDI McQUADE, in her individual c :•
capacity; JAMES "JIM" SLEETH, in
his individual capacity; PATRICK
FRANSSEN, in his individual capacity;
and LARRY GRAHAM, in his
individual capacity,
Defendants.
Leach, J. — Northland Services Inc. (NSI) appeals a trial court decision
holding NSI liable for the retaliatory discharge of independent contractor Larry
Currier, dba American Container Express, under the Washington Law Against
Discrimination (WLAD), chapter 49.60 RCW. NSI terminated Currier's contract
two days after Currier reported to an NSI employee racially discriminatory
comments directed at a Latino driver by another contractor driver. Because the
WLAD applies to this case and substantial evidence supports the trial court's
NO. 70128-2-1/2
findings and conclusions that retaliation was a substantial factor in NSI's
termination of Currier, we affirm the trial court's judgment. And because
substantial evidence supports the trial court's damages award as well as its
finding that NSI did not meet its burden of proof for an after-acquired evidence
defense, we also affirm the court's award of damages, costs, and attorney fees.
Finally, we award Currier, as the prevailing party, his appellate fees and costs
under RAP 18.1 and RCW 49.60.030(2).
FACTS
Larry Currier worked as an independent contractor truck driver for NSI