Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf

review denied, 163 Wn.2d 1040 ( 2008). But casual, isolated or trivial manifestations of a

discriminatory environment do not affect the terms or conditions of employment to a sufficiently

significant degree to violate the law. Washington, 105 Wn. App. at 10.

Here, employees, including Martinez, used the racially derogatory " Spics" to refer to

some Mexicans. CP at 115. Coworkers also characterized Alonso and his speech as like that of

a " ghetto Hispanic," implying that he spoke incorrect English. CP at 144. And, coworkers

openly mocked Alonso' s speech, to the point that another employee confronted Martinez in

Alonso' s defense. Finally, Martinez expressed his hatred for Alonso' s disabled Gulf War

combat veteran status.

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No. 43703 -1 - II

The harassment was so severe that in June 2010, Alonso visited a psychiatry emergency

room in response to " great stress at work" and an upsurge in PTSD symptoms. Suppl. CP at 242.

Given the extent of harassment to which Alonso was subjected, and the medically documented

effect it had on his mental wellbeing, we hold that he sufficiently demonstrated that the alleged

harassment affected the terms and conditions of his employment.

C. Harassment Imputable to Qwest

Next, the parties disagree whether the alleged harassment may be imputable to Qwest.

Harassment is imputed to an employer when an owner, manager, partner or corporate officer

personally participates in the harassment. Glasgow v. Georgia- Pacific Corp., 103 Wn.2d 401,

407, 693 P. 2d 708 ( 1985). Managers are those whom the employer has given authority and

power to affect the hours, wages, and working conditions of the employer' s workers. Robel v.