Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf

impediment. To Alonso' s disgust, Martinez and other employees also used offensive workplace

language. According to Alonso, Martinez and Zuniga referred to Mexicans as " Spies." CP at

115. Coworkers also described Alonso' s speech as like a " ghetto Hispanic," and Zuniga

contrasted himself to Alonso because he " spoke correct English," unlike Alonso. CP at 144,

145. The harassment was so open that Alonso' s colleagues noticed that some employees,

including Martinez, mocked Alonso' s speech.

Alonso stated that Martinez knew that Alonso suffered from combat -related disabilities,

including PTSD, and held this against him. According to Alonso, Martinez " hated the fact that

Alonso] was receiving disability pay," commenting, " I will tell you what I hate, people that

served in the first Gulf War for five days and claim a disability "; and Martinez added, " I served

and I got crap." Suppl. CP at 233.

In April 2010, Alonso phoned Qwest' s Corporate Ethics and Compliance Advice Line

hotline) and reported that Martinez was corrupt, mistreated Alonso by subjecting him to

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No. 43703 -1 - II

heightened scrutiny, and allowed employees to engage in inappropriate workplace behavior.5
Alonso did not report to the hotline any conduct that related to or targeted him based on his

protected statuses.

At the first safety meeting following Alonso' s initial hotline call, on May 20, Martinez

told the entire staff, including Alonso, that " someone had called in" and that " someone is

throwing rocks at the big dog and that big dog is going to get you and that big dog is me."

Suppl. CP at 234. Alonso felt that Martinez made a " mockery" of his hotline complaint. CP at