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

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Veteran status, national origin, and disability are all protected statuses. RCW 49. 60. 180( 3).
Disability" may include physical impairments, physiological disorders, or conditions that affect
one' s speech organs. RCW 49. 60. 040( 7)( c)( i). Our administrative regulations, too, provide that
a student with speech impediments has a disability, making the student eligible for special
education. See WAC 392 -172A- 01035.
Qwest asserts that Alonso forfeited any argument that Martinez was motivated by anti -
Mexican bias because he did not present this argument at summary judgment. Alonso concedes
that trial counsel did not specifically brief Alonso' s protected status based on national origin; but
he contends that he submitted evidence of hostile and offensive comments directed at him. In his
response to Qwest' s summary judgment motion, for example, Alonso stated that " he was treated
differently or in a disparate manner due to his ... Mexican national origin." Suppl. CP at 219.
Qwest' s argument, therefore, fails, because Alonso called the issue of national origin to the
superior court' s attention on summary judgment. See RAP 9. 12.

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No. 43703 -1 - II

Johnson, a supervisor expressly stated discriminatory distaste for an employee with a protected

status. While the Johnson supervisor made ageist comments to an older employee ( telling the

employee he did not fit the company' s " youthful, fit, `GQ' looking mold "), here Martinez openly

stated that he hated disabled Gulf War combat veterans and specifically that he hated that Alonso

was disabled and receiving disability pay.

Similarly, Alonso produced evidence that Martinez referred to Mexicans as " Spics" and