Wash. Court of Appeals published opinion — 796925.pdf

Citation: Wash. Court of Appeals published opinion — 796925.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/796925.pdf ↗

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15 This test applies to all types of retaliation claims in the employment context, and so

because the prohibition against retaliation is the same under both chapter 14.04 SMC and former
chapter 14.19 SMC (2014), and the retaliatory acts alleged are the same for both the retaliation
claims herein, we perform a single analysis to determine whether there is a genuine dispute of
material fact regarding whether AHS retaliated against Pope. Such an analysis aligns with the
hearing examiner’s decision, which analyzed the retaliation claims under the different code
sections as one claim for retaliation.
16 The hearing examiner appeared to accept this presumption because the job

description provided by AHS stated that filling out accurate time sheets was a major responsibility
of the job. While an employer’s description of a position’s duties is one piece of evidence that
could be used to determine the essential functions of a job, it is not the only evidence a fact finder
may consider. Indeed, the fact finder may also consider the amount of time spent on the job
performing the function, the consequences of not requiring the employee to perform the function,
the terms of a collective bargaining agreement, the work experience of past employees in the job,

19
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 79692-5-I/20

evidence disputing this and establishing that Pope was certified for her job and

was capable of performing basic caregiving services such as doing household

chores, laundry, cooking, and assisting clients in getting around and using the

bathroom. Additionally, the City presented evidence showing that AHS did not

implement a telephone clock in system until 2012 and that it allowed employees