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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he was away from the office. 189 Wn.2d at 523. But the relationship deteriorated

because of the manager’s unilateral management style and his treatment of Mikkelsen

such as talking over her and calling her untrustworthy in meetings. Mikkelsen, 189

Wn.2d at 522. The situation escalated to the point that Mikkelsen suggested to the

board president that they conduct an anonymous survey to see if other employees had

similar issues. Mikkelsen, 189 Wn.2d at 524. The manager found out about the survey

and promptly fired Mikkelsen. Mikkelsen, 189 Wn.2d at 524. The manager’s reasons

for termination were that Mikkelsen disrespected him regularly, made unreasonable

requests, and kept information about billing from him. Mikkelsen, 189 Wn.2d at 524.

Our Supreme Court considered all the evidence together and determined that Mikkelsen

presented “a genuine dispute of material fact as to whether the breakdown in

communication between Mikkelsen and Ward occurred because she is a woman.”

Mikkelsen, 189 Wn.2d at 524. Thus, the court reversed summary judgment for the

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No. 84592-6-I/23

employer because a reasonable jury could believe the manager was motivated by

gender bias or they could believe the manager’s legitimate reasons. Mikkelsen, 189

Wn.2d at 524.

Like Mikkelsen, it is possible that Dr. Futran could support Dr. Litvack initially and

still be substantially motivated by discrimination in making his decision about

nonrenewal. Dr. Litvack argues she was discriminated against not only because she is

a woman but because she is a woman who refused to stay quiet. 7 Thus, a reasonable

jury could believe Dr. Futran was motivated by gender bias or they could believe his