Wash. Court of Appeals published opinion — 726668.pdf

members of C Crew harassed, discriminated against, and retaliated against him.

The County again hired Sutherland to investigate, but this time Marin did not

cooperate. Sutherland again found no evidence of discrimination.

As Marin's reassignment to South Plant had been temporary, the County

offered to return him to West Point. But after the conflicts on C Crew and after

meeting B Crew supervisor Cheryl Read, Marin decided to remain at South Plant

and move to B Crew. He began on that crew in late October 2009. Meanwhile,

through his attorney, Marin anonymously reported to the County that Alenduff

had shown obscene computer images to coworkers, including a female

custodian. Alenduff was eventually forced to resign.

In early 2010, Marin asked the County to make his transfer to Read's crew

permanent to accommodate his posttraumatic stress disorder (PTSD). The

County agreed in April 2010.

While on B Crew, Marin repeatedly told HR and disability services he was

happy with his new supervisor and crew and did not need more
             

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accommodations. In December 2010, however, Marin did not follow the correct

procedure to "lock out" and "tag out" a sewage pump. Marin approached Read

and told her about the incident on the same day. Read saw it as a basic error for

someone with Marin's experience. Marin perceived Read to be yelling at him

and became anxious. He told her he had to visit his doctor and left early. Read

did not see Marin again until January 1, 2011. That week, she and Marin walked

through the procedure he should have followed, and she gave him a

Teach/Lead/Coach memo, or TLC. A TLC is not discipline, though management

may base future discipline on a TLC.