Wash. Court of Appeals published opinion — 845926.pdf

Citation: Wash. Court of Appeals published opinion — 845926.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/845926.pdf ↗

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Respondent.

MANN, J. — Dr. Jamie Litvack appeals the summary judgment dismissal of her

gender discrimination claim under the Washington Law Against Discrimination (WLAD),

chapter 49.60 RCW, and 42 U.S.C. § 1981. Dr. Litvack argues that the trial court erred

in ruling that she failed to provide sufficient evidence under the pretext prong of the

burden shifting McDonnell Douglas 1 framework which requires she produce evidence of

a genuine dispute over either (1) that the defendant’s reason is pretextual or (2) that

although the employer’s stated reason is legitimate, discrimination nevertheless was a

substantial factor motivating the employer.

Because the evidence shows competing inferences of discrimination and

nondiscrimination, there is a genuine issue of material fact as to whether discrimination

1 McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S. Ct. 1817, 36 L. Ed. 2d 668 (1973).
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 84592-6-I/2

was a substantial factor motivating the employment decision. We reverse the order

granting summary judgment dismissal of the discrimination claim and remand to the trial

court for further proceedings.

In early 2016, Dr. Litvack began discussing potential employment with Dr. Neal

Futran, the director of head and neck surgery in the Department of Otolaryngology at

the University of Washington’s School of Medicine (Department and UW, respectively).

On May 26, 2016, UW offered Dr. Litvack a 12-month appointment as acting assistant

professor in the Department and the Veterans Affairs Puget Sound Health Care System

(VA). Dr. Litvack accepted the appointment on June 11, 2016. Under the supervision