Wash. Court of Appeals published opinion — D2 52293-4-II Published Opinion.pdf

Citation: Wash. Court of Appeals published opinion — D2 52293-4-II Published Opinion.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2052293-4-II%20Published%20Opinion.pdf ↗

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Home Depot that the accommodation it provided was ineffective or unreasonable.

Accordingly, we affirm the trial court’s summary judgment order dismissing Mackey’s

claims.

FACTS

Mackey’s Employment with Home Depot

Mackey began working at Home Depot’s Vancouver, Washington store in 2006. She

later worked as a sales associate in the appliances department.

During her employment, Mackey suffered from depression, post-traumatic stress disorder

(PTSD), and degenerative disc disease. She asked for accommodations related to all these

conditions. Regarding the degenerative disc disease, Mackey told her supervisors that she could

not lift anything over 15 pounds and could not lift anything over her head. Home Depot allowed

Mackey to have other employees do lifting tasks that were otherwise part of her duties. Mackey

never complained to Home Depot about having to find someone to lift for her.

Mackey received positive ratings on her September 2011 to September 2014 performance

evaluations. None of these evaluations mentioned concerns about improper discounting on

Mackey’s sales.

2
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 52293-4-II

Home Depot had a number of policies governing the sales staff’s ability to give discounts

on merchandise to customers. Such policies included prohibiting sales associates from (1) giving

double discounts, meaning two separate discounts to the same customer on the same sale; (2)

giving volume discounts unless a qualifying customer’s order met a $2,500 threshold and the

store’s volume bid system pre-approved the discount; and (3) giving additional markdowns on or

modifying orders already approved for volume discounts. Mackey received training on these

policies.

Incident with Krall