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Wash. Court of Appeals published opinion — 796925.pdf

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Wash. Court of Appeals published opinion — 796925.pdf
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an adverse employment action.

“The Seattle Fair Employment Practices Ordinance, SMC 14.04, governs

unfair employment practices” and is authorized by chapter 49.60 RCW. Russell,

70 Wn. App. at 411. Because chapter 14.04 SMC substantially parallels chapter

49.60 RCW, which substantially parallels the provisions of federal anti-

discrimination law under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §

2000e-2000e-17, we look to interpretations of state and federal law to guide our

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 79692-5-I/15

review of claims brought under chapter 14.04 SMC. Russell, 70 Wn. App. at 415

(citing Hollingsworth v. Wash. Mut. Sav. Bank, 37 Wn. App. 386, 390, 681 P.2d

845 (1984), abrogated on other grounds by Allison v. Hous. Auth. of City of

Seattle, 59 Wn. App. 624, 799 P.2d 1195 (1990)); accord Davis v. Dep’t of Labor

& Indus., 94 Wn.2d 119, 125, 615 P.2d 1279 (1980).

Chapter 14.04 SMC states that it is an unfair employment practice for any:

A. Employer to discriminate against any person with respect to
hiring, tenure, promotion, terms, conditions, wages or privileges
of employment, or with respect to any matter related to
employment;
...
F. Employer, employment agency, or labor organization to
penalize or discriminate in any manner against any person
because they opposed any practice forbidden by this chapter or
because they made a charge, testified or assisted in any
manner in any investigation, proceeding, or hearing initiated
under the provisions of this chapter.[11]

SMC 14.04.040. The code defines “[d]iscrimination,” “discriminate,” and

“discriminatory act” as: