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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When arguing waiver, WSU does not independently analyze the elements of

waiver. The State also does not enlighten the court on how waiver trumps the highest of

priorities in preventing discrimination and retaliation. Finally, WSU cites no case law

allowing an employer to absolve itself from liability for future conduct, such as denying

reemployment.

Subject to certain exceptions, parties may contract and agree in advance that one

shall not be liable for his or her own conduct to another. Wagenblast v. Odessa School

District No. 105-157-166J, 110 Wn.2d 845, 848, 758 P.2d 968 (1988). Nevertheless, in

some circumstances, public policy requires the preservation of an obligation of care owed

by one person to another and outweighs our traditional regard for the freedom to contract.

Wagenblast v. Odessa School District, 110 Wn.2d 845, 849 (1988). For example, an

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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

employer cannot require an employee to sign a contract releasing the employer from

liability for job-related injuries caused by the employer’s negligence. RESTATEMENT

(SECOND) OF TORTS § 496B, cmt. f (AM. L. INST. 1965). Freedom from retaliation for

filing a discrimination claim holds the highest of priorities and any release in advance of

such a claim must be struck rather than function as a waiver to protections.

Imagine an employment agreement that read that the employee waived, released,

and discharged from any liability the employer if the employer pays the employee a

lower wage because of his or her race or if the employer routinely hurled racial invectives

at the employee. The law would not permit an employee to release in advance an