supports the trial court's findings, and these findings support the court's
conclusion that Currier was engaging in statutorily protected conduct.
Causal Link
The final element of a prima facie case of retaliation requires proof of a
causal link between the opposition and the adverse employment action. To
prove a causal link between his opposition and NSI's termination of his contract,
Currier must provide evidence that his complaints about Howell's remarks were a
"substantial factor" motivating NSI's decision.30 Thus, retaliation need not be the
main reason behind the discharge decision but instead need only be the reason
which "tips the scales" toward termination.31
29 Estevez, 129 Wn. App. at 798; Kahn, 90 Wn. App. at 130; Graves, 76
Wn. App. at 712 (citing Gifford, 685 F.2d at 1157).
30 Allison, 118 Wn.2d at 96; Estevez, 129 Wn. App. at 800.
31 Wilmot, 118Wn.2dat72.
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NO. 70128-2-1/12
"'Because employers rarely will reveal they are motivated by retaliation,
plaintiffs ordinarily must resort to circumstantial evidence to demonstrate
retaliatory purpose.'"32 Proximity in time between the protected activity and the
discharge, as well as satisfactory work performance and evaluations before the
discharge, are both factors suggesting retaliation.33 And if an employee
establishes that he or she participated in statutorily protected opposition activity,
the employer knew about the opposition activity, and the employee was then
discharged, a rebuttable presumption of retaliation arises that precludes
summary dismissal of the case.34
NSI maintains that it terminated Currier's contract because of poor
performance and disruptive behavior. According to Sleeth and Franssen,