Wash. Court of Appeals published opinion — 726668.pdf

and the remaining assignments lack merit, we affirm.
             

No. 72666-8-1 / 2

BACKGROUND

Substantive Facts

Ignacio Marin immigrated to the United States from Peru in 1975. In 1982,

he began working as an operator for WTD at the West Point Treatment Plant in

Seattle. Marin suffers from anxiety, depression, and panic attacks.

Operators at King County wastewater treatment plants work on crews of

five or six people led by a shift supervisor. They have responsibility for various

types of wastewater treatment equipment, some of it hazardous. They also

respond to emergencies, ensure compliance with safety procedures, and clean

the plant.

Marin joined D Crew at West Point in 2007. His supervisor was James

Sagnis, who at times appointed Mark Horton, the most experienced crew

member, as a temporary supervisor. Marin had a turbulent relationship with

Sagnis and Horton. In April 2009, Horton complained to Sagnis that Marin

refused to follow a "priority directive" that the plant manager had issued. The

directive requested that all employees assist in quickly cleaning the plant's

preaeration tanks. Marin worked on the priority tasks for less than an hour and

spent most of two days performing other, low-priority work. When Horton

confronted Marin, Marin told him the preaeration work made him ill. Horton

informed Sagnis that he suspected Marin was using sickness as an excuse to

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No. 72666-8-1 / 3

avoid doing the unpleasant priority tasks. Marin secretly recorded two

conversations with Sagnis about these accusations. In May, Sagnis gave Marin