Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
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- Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
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- Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
- Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
- Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
- Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
- Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
- Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
- Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
- Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
- Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
- Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
- Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
- Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
- Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
- Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
- Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
- Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
- Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
- Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
- Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
- Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf
Full Text
1,749 charsallowed others to also use the term. CP at 115. Employees, including Martinez, openly mocked
Alonso' s speech impediment and accent, described his speech as that of a " ghetto Hispanic," and
contrasted themselves to Alonso because they " spoke correct English," unlike him. CP at 144,
145. This open mocking based on Alonso' s national origin and speech impediment constitutes
further direct evidence of discriminative intent, specifically relating to Alonso' s protected
disability and national origin statuses. Viewing this evidence in a light most favorable to
Alonso, we hold that the evidence sufficiently proved that Martinez acted with a discriminatory
motive toward Alonso, a disabled, military veteran of the Gulf War and a man of Mexican-
American heritage.
C. Significant or Substantial Factor in Employment Decision
We must next determine whether the discriminatory motive was a significant or
substantial factor in an employment decision relating to Alonso. See Kastanis, 122 Wn.2d at
491. An adverse employment action involves a change in employment conditions that is more
than an inconvenience or alteration of one' s job responsibilities, such as reducing an employee' s
workload and pay. Campbell v. State, 129 Wn. App. 10, 22, 118 P. 3d 888 ( 2005), review denied,
157 Wn.2d 1002 ( 2006). A demotion or adverse transfer, or a hostile work environment, may
GI
No. 43 703 - 1 - II
also amount to an adverse employment action. Kirby v. City of Tacoma, 124 Wn. App. 454, 465,
98 P. 3d 827 ( 2004), review denied, 154 Wn.2d 1007 ( 2005).
1. Adverse transfer
Here, Martinez removed Alonso from AQCB duty, and transferred him to the central