Wash. Court of Appeals published opinion — 701282.pdf

Citation: Wash. Court of Appeals published opinion — 701282.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/701282.pdf ↗

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Since the Ninth Circuit decided Silver in 1978, however, it has clarified that

a plaintiff need not prove that the employment practice at issue was in fact

unlawful but must show only a "reasonable belief that the employment practice

he or she protested was prohibited under Title VII.26 Other Ninth Circuit cases

have held that an employee's complaints about the treatment of others "is

considered a protected activity, even if the employee is not a member of the

class that he claims suffered from discrimination, and even if the discrimination

he complained about was not legally cognizable."27 The reasonableness of a

plaintiff's belief is "an objective standard—one that makes due allowance,

moreover, for the limited knowledge possessed by most Title VII plaintiffs about

the factual and legal bases of their claims."28 Washington cases have likewise