Wash. Court of Appeals published opinion — D2 49631-3-II Published Order.pdf

Citation: Wash. Court of Appeals published opinion — D2 49631-3-II Published Order.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2049631-3-II%20Published%20Order.pdf ↗

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him because he injured his hand and took medical leave during his pending investigations.

i. Election of Remedies

The election of remedies provision of WLAD does not prohibit the application of collateral

estoppel. RCW 49.60.020 provides:

The provisions of this chapter shall be construed liberally for the
accomplishment of the purposes thereof. Nothing contained in this chapter shall be
deemed to repeal any of the provisions of any other law of this state relating to
discrimination because of race, color, creed, national origin, sex, marital status,
sexual orientation, age, honorably discharged veteran or military status, or the
presence of any sensory, mental, or physical disability, other than a law which
purports to require or permit doing any act which is an unfair practice under this
chapter. Nor shall anything herein contained be construed to deny the right to any
person to institute any action or pursue any civil or criminal remedy based upon an
alleged violation of his or her civil rights.

RCW 49.60.030(2) provides the basis for the suit:

Any person deeming himself or herself injured by any act in violation of
this chapter shall have a civil action in a court of competent jurisdiction to enjoin
further violations, or to recover the actual damages sustained by the person, or both,
together with the cost of suit including reasonable attorneys’ fees or any other
appropriate remedy authorized by this chapter or the United States Civil Rights Act
of 1964 as amended, or the Federal Fair Housing Amendments Act of 1988 (42
U.S.C. Sec. 3601 et seq.).

Yet, cases have established that the “existence of a common law or statutory basis for filing

a civil action does not itself mean that the doctrine of collateral estoppel may not be applied in the