When a person reasonably believes he or she is opposing discriminatory
practices, RCW 49.60.210(1) protects that person whether or not the practice is
actually discriminatory.14 A plaintiff proves causation by showing that retaliation
was a substantial factor motivating the adverse employment action.15 If the
plaintiff establishes a prima facie case, then the defendant may rebut the claim
by presenting evidence of a legitimate nondiscriminatory reason for the adverse
action.16 This shifts the burden back to the plaintiff to prove that the employer's
reason is pretextual.17 The trier of fact must then "choose between inferences
12 Estevez v. Faculty Club of the Univ. of Wash., 129 Wn. App. 774, 797,
120 P.3d 579 (2005).
13 Coville v. Cobarc Servs., Inc., 73 Wn. App. 433, 440, 869 P.2d 1103
(1994).
14 Ellis v. City of Seattle, 142 Wn.2d 450, 460-61, 13 P.3d 1065 (2000);
Graves v. Dep't of Game, 76 Wn. App. 705, 712, 887 P.2d 424 (1994) (citing
Gifford v. Atchison, Topeka & Santa Fe Ry., 685 F.2d 1149, 1157 (9th Cir.
1982)).
15 Allison v. Hous.Auth., 118 Wn.2d 79, 96, 821 P.2d 34 (1991).
16 Wilmot v. Kaiser Aluminum & Chem. Corp., 118 Wn.2d 46, 70, 821 P.2d
18 (1991); Estevez, 129 Wn. App. at 797-98; Kahn v. Salerno, 90 Wn. App. 110,
129 n.5, 951 P.2d 321 (1998).
17 Wilmot, 118Wn.2d at 70; Estevez, 129 Wn. App. at 798; Kahn, 90 Wn.
App. at 129 n.5.
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NO. 70128-2-1/8
when the record contains reasonable but competing inferences of both
discriminatory and nondiscriminatory actions."18
Currier's Prima Facie Case for Retaliation
Statutorily Protected Activity
NSI contends that Currier may not bring this action for two reasons: (1) as