Wash. Supreme Court published opinion — 948461.pdf

Citation: Wash. Supreme Court published opinion — 948461.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/948461.pdf ↗

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' Like the majority, I use the parties' terminology. See majority at 2 n.1.
2
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Cornwell(Dawn) v. Microsoft Corp., No. 94846-1
(Gordon McCloud, J., dissenting)

claims for negligent infliction of emotional distress, intentional infliction of

emotional distress, or defamation.

Besides common law torts, such a lawsuit could allege any number of

statutory retaliation claims that do not implicate the WLAD. For example, a male

supervisor could give a female employee a poor review score because she submitted

a safety complaint, in violation of RCW 49.17.160. Or a male supervisor might

give a female employee a poor review score because she told her coworkers that

she thinks they should form a union, in violation of 29 U.S.C. § 158(a)(3). A male

supervisor could give a female employee a poor review score because he thought

that she was insufficiently committed to the company after she spent two weeks

serving on a jury trial—in violation of RCW 2.36.165(2). As yet another example,

a male supervisor might give a female employee a poor review score because she

blew the whistle under the Sarbanes-Oxley Act of 2002, an 18 U.S.C. § 1514A

violation. Or a male supervisor could give a female employee a poor review score

because she refused to disclose her login information to her personal social

networking account, access her personal social networking account in the

supervisor's presence, add a contact of the supervisor's selection to her personal

social networking account, or alter the view settings of her personal social