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Wash. Court of Appeals published opinion — 796925.pdf

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Wash. Court of Appeals published opinion — 796925.pdf
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Washington (state)
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for the purpose of enabling her to obtain medical information for AHS. Given that the City
presented evidence that Pope’s medical provider informed AHS that Pope was cleared to work
and that AHS ignored this and yet declined to request Pope undergo an independent medical
assessment, a trier of fact could reasonably conclude that AHS did not actually want to
accommodate Pope. Thus, even if suspension to obtain medical clearance was not an adverse
employment action, a disputed issue of fact would remain as to whether obtaining medical
clearance to work was, in fact, the actual purpose of the suspension.

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 79692-5-I/24

presented evidence to dispute the credibility of AHS’s explanation for the

suspension and such a dispute bars summary judgment on the retaliation claims.

The order of the superior court is affirmed.

WE CONCUR:

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