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

Citation: Wash. Court of Appeals published opinion — 383814_pub.pdf
Jurisdiction: Washington (state)
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No. 38381-4-III
Suarez v. State

most favorable to the nonmoving party. Id. Summary judgment is only appropriate if

there are no genuine issues of material fact and the moving party is entitled to judgment

as a matter of law. Id. A fact is “material” if it affects the outcome of the issue before

the court. Id. at 370 n.8. “An issue of material fact is genuine if the evidence is

sufficient for a reasonable jury to return a verdict for the nonmoving party.” Id. at 370.

Summary judgment is appropriate when a plaintiff fails to raise a genuine issue of

material fact on one or more of the prima facie elements of a WLAD claim. Gibson v.

Costco Wholesale, Inc., 17 Wn. App. 2d 543, 556, 488 P.3d 869, review denied, 198

Wn.2d 1021, 497 P.3d 391 (2021). WLAD is intended to eliminate and prevent

discrimination in the workplace. RCW 49.60.010. To effectuate this remedial purpose,

the chapter should be construed liberally. RCW 49.60.020. While the WLAD explicitly

provides several causes of action for discriminatory treatment, our State Supreme Court

has also recognized an implicit right to religious accommodations under the WLAD.

Kumar v. Gate Gourmet Inc., 180 Wn.2d 481, 501, 325 P.3d 193 (2014).

[A] plaintiff establishes a prima facie claim of failure to accommodate
religious practices by showing that (1) he or she had a bona fide
religious belief, the practice of which conflicted with employment
duties; (2) he or she informed the employer of the beliefs and the
conflict; and (3) the employer responded by subjecting the employee to
threatened or actual discriminatory treatment.

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