Wash. Court of Appeals published opinion — 857088.pdf

Citation: Wash. Court of Appeals published opinion — 857088.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/857088.pdf ↗

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retaliated against him for engaging in protected activity under the WLAD.

Therefore, the trial court erred in dismissing his WLAD retaliation claims on

summary judgment. 12

III

Bittner next argues the trial court erroneously dismissed his disability

discrimination claims on summary judgment. We disagree.

The WLAD prohibits an employer from discriminating against any person

because of “the presence of any sensory, mental, or physical disability.” RCW

49.60.180(3). “There are two types of disability discrimination claims: disparate

12 Bittner also argues, “Because the erroneous summary judgment ruling deprived Bittner of a fair

trial on his equitable claims, this Court should vacate the judgment in favor of Symetra on those
claims as well.” For support, Bittner cites two cases standing for the proposition that a trial court
may remand for a new trial on the issue of damages, but these cases involved errors that occurred
at trial with respect to jury instructions, as opposed to errors that occurred at the pre-trial summary
judgment stage of proceedings. See McCurdy v. Union Pac. R.R., 68 Wn.2d 457, 471, 413 P.2d
617 (1966); Nelson v. Fairfield, 40 Wn.2d 496, 501, 244 P.2d 244 (1952). Bittner’s reliance on
Income Invs. v. Shelton, 3 Wn.2d 599, 602, 101 P.2d 973 (1940), is also misplaced because that
case discusses the doctrine of unclean hands, which is not at issue in this appeal. Therefore, we
decline to vacate the judgment in favor of Symetra on Bittner’s equitable claims on this basis.

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 85708-8-I

treatment and failure to accommodate.” Clipse v. Commercial Driver Servs., Inc.,

189 Wn. App. 776, 792, 358 P.3d 464 (2015). “An employer who discharges,