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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Department of Social & Health Services, 125 Wn.2d 488, 499, 886 P.2d 147 (1994); Nye

v. University of Washington, 163 Wn. App. 875, 886, 260 P.3d 1000 (2011). While

Washington law recognizes an overarching freedom to contract, provisions are

unenforceable where they are prohibited by statute. State Farm General Insurance Co. v.

Emerson, 102 Wn.2d 477, 481, 687 P.2d 1139 (1984).

In Jordan v. Nationstar Mortgage, LLC, 185 Wn.2d 876 (2016), the state high

court declared void a provision in a deed of trust that allowed the lender to change locks

on the residence’s front door if the borrower defaulted. Such a provision violated a

Washington statute.

On appeal, WSU promotes the public policy of enforcing settlement agreements.

When doing so, the university ignores the public policy behind antiretaliation statutes.

Washington maintains a long and proud history of being a pioneer in the protection of

employee rights. Drinkwitz v. Alliant Techsystems, Inc., 140 Wn.2d 291, 300, 996 P.2d

582 (2000); Reeves v. Mason County, 22 Wn. App. 2d 99, 118, 509 P.3d 859 (2022). In

bringing a discrimination case in Washington, the employee assumes the role of a private

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

No. 38784-4-III
Elgiadi v. Washington State University

attorney general, vindicating a policy of the “highest priority.” Zhu v. North Central

Educational Service District-ESD 171, 189 Wn.2d 607, 614-15 (2017); Marquis v. City

of Spokane, 130 Wn.2d 97, 109, 922 P.2d 43 (1996). No court has inferred, let alone

ruled, that enforcing a settlement agreement fulfills a policy of a higher, let alone, the

highest priority. The policy against retaliation must prevail over a policy favoring

settlements.