Wash. Court of Appeals published opinion — 877933 Order and Opinion.pdf

Citation: Wash. Court of Appeals published opinion — 877933 Order and Opinion.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/877933%20Order%20and%20Opinion.pdf ↗

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African American community. Danielson’s speaking up at the board meeting is a

protected activity because Danielson “reasonably believed” that the hospital’s

budgeting decisions were discriminatory based on the race of the patients. Alonso,

178 Wn. App. at 754.

The hospital claims that Danielson failed to prove that he suffered an

adverse employment action. We disagree. An adverse employment action is “[a]

change in employment conditions . . . a demotion or an adverse transfer, or a

hostile work environment.” Id. at 746 (citation omitted). Whether an employee

7 The hospital insists in their reply brief that they have not conceded that Danielson

engaged in a “protected activity.” But the hospital does not dispute that
Danielson’s expressions at the board meeting were a protected activity, either in
their motion for summary judgment, their motion for judgment as a matter of law,
or in their opening brief. Whether or not they concede the matter, it is not one in
serious dispute.
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No. 87793-3-I/21

suffered an adverse employment action is a question for the jury unless any

reasonable juror could reach only one conclusion. See id. at 747 (holding that a

transfer that caused an employee to lose a newer van and cell phone benefits

could allow a reasonable juror to conclude the employee had suffered an adverse

employment action).

In March 2020, the hospital initiated an investigation into Danielson’s

disclosure of the COVID status of some employees in violation of HIPAA. The

hospital then expanded the investigation into whether Danielson treated

employees differently based on race or gender.

In July 2020, the hospital informed Danielson that, based on the

investigation findings, they recommended that Danielson participate in a “360