Wash. Court of Appeals published opinion — 387844_pub.pdf

Citation: Wash. Court of Appeals published opinion — 387844_pub.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/387844_pub.pdf ↗

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violating WLAD’s antiretaliation statute. Id. A jury sided with Zhu, and ESD 171

moved for a new trial on the basis that the antiretaliation statute does not prohibit

retaliatory discrimination against a job applicant by prospective employers. Id.

The federal court certified the question of law to the Washington Supreme Court.

Specifically, the federal court asked:

10
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 38784-4-III
Elgiadi v. Wash. State Univ.

“Does [WLAD’s antiretaliation statute] create a cause of action for job
applicants who claim a prospective employer refused to hire them in
retaliation for prior opposition to discrimination against a different
employer?”

Id. Our Supreme Court answered, “yes.” Id. at 613.

In discussing the breadth of the statute, the court noted, “[l]ike all antiretaliation

statutes, RCW 49.60.210(1)’s primary purpose is ‘[m]aintaining unfettered access to

statutory remedial mechanisms.’” Id. at 613 (quoting Robinson v. Shell Oil Co., 519 U.S.

337, 346, 117 S. Ct. 843, 136 L. Ed. 2d 808 (1997)). The court further noted, “[w]hen

interpreting WLAD, we are particularly mindful that ‘a plaintiff bringing a discrimination

case in Washington assumes the role of a private attorney general, vindicating a policy of

the highest priority.’” Id. at 614 (quoting Marquis v. City of Spokane, 130 Wn.2d 97,

109, 922 P.2d 43 (1996)). “To further this important purpose, both the legislature and

Washington courts require that even in a plain language analysis, WLAD’s provisions

must be given ‘liberal construction.’” Id. (citing RCW 49.60.020).

After finding the prima facie elements of unlawful retaliation met, the Zhu court