Wash. Court of Appeals published opinion — 383814_pub.pdf

Related Parts of This Source

1,779 chars

definition of “undue hardship” provided in WAC 82-56-020.

On this record, there are genuine issues of material fact as to whether the School

provided a reasonable accommodation to eliminate the conflict with Suarez’s weekly

Sabbath, and whether accommodating Suarez’s leave request to observe her religious

holiday caused the School undue hardship. In addition, we find that Suarez has produced

evidence sufficient to show a prima facie case of discrimination in violation of public

policy and summary judgment on this claim was also improper. While we affirm the

dismissal of Suarez’s statutory claim for discrimination and retaliation, we reverse

dismissal of her statutory claim of failure to accommodate and her tort claim of discharge

in violation of public policy.

2
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 38381-4-III
Suarez v. State

BACKGROUND

Because the court granted the School’s motion for summary judgment, we

consider the following facts in a light most favorable to Suarez as the nonmoving party.

Yakima Valley School is a certified residential nursing facility in Yakima that serves

vulnerable, disabled adults. The School is administered by the Department of Social and

Health Services’ (Department), Developmental Disabilities Administration and offers

medical and therapeutic services. As a residential nursing facility for vulnerable adults,

the School is staffed 24 hours a day, seven days a week. There are three shifts in a 24-

hour period, the day shift, the swing shift, and the night shift. At least 21 certified

nursing assistants (CNAs) must be present to staff the night shift adequately. To ensure

the School has necessary coverage each day for each shift, the School hires CNAs for a