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SUSAN L. CARLSON
,
CMIEFJUSTlCe
SUPREME COURT CLERK
IN THE SUPREME COURT OF THE STATE OF WASHINGTON
CERTIFICATION FROM THE
UNITED STATES DISTRICT
COURT FOR THE EASTERN
DISTRICT OF WASHINGTON No. 94209-9
IN
JINZHU,
EN BANC
Plaintiff,
Filed:
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NORTH CENTRAL
EDUCATIONAL SERVICE
DISTRICT-ESD 171,
Defendant.
YU,J.— Washington law prohibits employers from discriminating against
job applicants and employees on the basis of protected characteristics such as race,
sex, or national origin. Washington law also prohibits employers from engaging in
retaliatory discrimination against employees who previously opposed the
employer's discriminatory practices. The question presented in this case is
whether prospective employers are nevertheless free to engage in retaliatory
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Jin Zhu V. ESD 171, No. 94209-9
discrimination in the hiring process. In the precise words of the district court,
"Does RCW 49.60.210(1) 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?" Order Certifying Local Law
Questions to Wash. Supreme Ct., Jin Zhu v. N. Cent. Educ. Serv. Dist. — ESD 171,
No. 2:15-CV-00183-JLQ, at 7(E.D. Wash., Feb. 28, 2017)(Order Certifying
Question).
The answer is yes. In accordance with the plain language ofthe Washington
Law Against Discrimination(WLAD),chapter 49.60 RCW,retaliatory
discrimination against job applicants by prospective employers is prohibited by
RCW 49.60.210(1). Therefore, plaintiff Jin Zhu's claim that defendant North