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

Viewed in a light most favorable to Alonso, the van and cellular phone benefits, as well as the

preference in employer -supplied workstations, computers, and desk telephones, were not strictly

tied to the AQCB position and thus, a reasonable juror could conclude that when Alonso was

transferred from AQCB and was forced to also relinquish those " benefits," he suffered an

adverse employment action.

2. Adverse action through hostile work environment

Alonso also claims that he suffered from a negative employment decision —being

subjected to an increasingly hostile work environment as the subject of harassment targeting his

protected statuses.

The WLAD is not intended as a general civility code. Adams v. Able Bldg. Supply, Inc.,

114 Wn. App. 291, 297, 57 P. 3d 280 ( 2002). And not everything that makes an employee

unhappy is an actionable adverse action. Smart v. Ball State Univ., 89 F. 3d 437, 441 ( 7th Cir.

1996).

Alonso offers evidence of various derogatory comments made by Martinez or other

employees. In his deposition, he recounted how Martinez referred to Mexicans as " Spics." CP

at 115. Workers also openly mocked Alonso' s speech impediment and accent; some described

his speech as like a " ghetto Hispanic" and contrasted themselves to Alonso because they " spoke

correct English," unlike him. CP at 144, 145. And, Alonso stated that Martinez made fun of his

veteran status and PTSD by asking, "[ A] re you crazy or something ?" 'and, "[ D] id you know

Vietnam was over in 1978 ?" Suppl. CP at 233.

Viewed in a light most favorable to Alonso, the evidence showed that Martinez and other

employees openly bullied and condoned the bullying of Alonso because of his accent stemming