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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practices of discrimination against any of [Washington’s] inhabitants because of
. . . any sensory, mental, or physical disability . . . are a matter of state concern,
. . . [and] such discrimination threatens not only the rights and proper privileges of
[Washington] inhabitants but menaces the institutions and foundation of a free
democratic state.

(Emphasis added). Further, as noted above, complaining about discriminatory conduct is

statutorily protected activity. RCW 49.60.210; see Estevez, 129 Wn. App. at 799. Therefore, we

conclude that discharge may have been motivated by reasons that contravene a clear mandate of

public policy.

c. Significant Factor

Next, Mackey must show that her complaint about Krall was a significant factor in Home

Depot’s decision to terminate her. Martin, 191 Wn.2d at 725. To do so, she must produce direct

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No. 52293-4-II

or circumstantial evidence that the public-policy-linked conduct was a cause of her termination.

Id.

Mackey once again argues that the short time frame between her complaint to Tilton

about her incident with Krall and her termination created a causal link between the two events.

As discussed above, to show a prima facie case of retaliation an employee can satisfy his or her

burden of showing that retaliation was a substantial factor in a termination based on the

proximity in time between the employee’s protected activity and the termination. See Cornwall,

192 Wn.2d at 415-16. We apply the same rule for wrongful discharge in violation of public

policy claims.

Here, Mackey’s termination occurred just 12 days after she complained to Tilton about