Wash. Court of Appeals published opinion — 845926.pdf

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

Related Parts of This Source

Full Text

1,755 chars

the WLAD in Mackay v. Acorn Custom Cabinetry, Inc., 127 Wn.2d 302, 310, 898 P.2d 284 (1995). In
doing so the court recognized that “Washington’s disdain for discrimination would be reduced to mere
rhetoric if this court were to require proof that one of the attributes enumerated in RCW 49.60.180(2) was
a ‘determining factor’ in the employer’s adverse employment decision.”

-16-
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 84592-6-I/17

Wn.2d at 444. The protected characteristic need not be the sole factor in the decision.

Scrivener, 181 Wn.2d at 444. A significant motivating factor means that the

employment decision was more likely than not motivated by discriminatory reasons.

See Fell v. Spokane Transit Auth., 128 Wn.2d 618 n.32, 911 P.2d 1319 (1996) (citing

Texas Dep’t of Cmty. Affs. v. Burdine, 450 U.S. 248, 256, 101 S. Ct. 1089, 1095, 67 L.

Ed. 2d 207 (1981)).

Because an employer may be motivated by both legitimate and illegitimate

reasons, an employee need only present evidence sufficient to create a genuine issue

of material fact as to whether discrimination was a substantial motivating factor.

Mikkelsen, 189 Wn.2d at 534. A plaintiff need not “disprove each of the employer’s

articulated reasons.” Mikkelsen, 189 Wn.2d at 534 (citing Scrivener, 181 Wn.2d at

447). “Plaintiffs may rely on circumstantial, indirect, and inferential evidence to

establish discriminatory action.” Mikkelsen, 189 Wn.2d at 526. But an employee must

do more than express an opinion or make conclusory statements; the facts must be

specific and material. Crabtree v. Jefferson County Pub. Hosp. Dist. No. 2, 20 Wn. App.

2d 493, 510, 500 P.3d 203 (2021). “An employee’s assertion of good performance to