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

Roundup Corp., 148 Wn.2d 35, 48 n. 5, 59 P. 3d 611 ( 2002).

Under this test, we analyze whether Martinez was a " manager "; so we must review

whether he enjoyed the authority to affect the hours, wages, and working conditions of Qwest

employees. See Robel, 148 Wn. 2d at 48 n. 5. Here, the record includes evidence that Martinez, a

QTI Operation Supervisor, set his crew' s hours; for example, in a June 2010 e -mail, Martinez

advised his crew of their new work schedules and start times. Alonso declared that Martinez

assigned him new work hours against Alonso' s will; and, Alonso stated, " Martinez changed my

position from working at AQCB to working in the Central Office." Suppl. CP at 234. Evidence

also shows that Martinez managed how employees were to spend their work days on certain

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No. 43703 -1 - II

projects; and he controlled overtime and placement on out -of town
- projects. Under Robel,

because Martinez had authority to affect employees' hours, wages ( at least in the context of who

could earn overtime), and working conditions, he qualified as a manager, at least for summary

judgment purposes. See 148 Wn.2d at 48 n. 5. Alonso produced evidence that Martinez

personally participated in some of the harassment, using " Spics" to describe Mexicans, CP at

115, and characterizing Alonso as " not a real Mexican," CP at 114, and not speaking good

English; thus, Alonso has demonstrated that the harassment is imputable to Qwest through

Martinez. See Glasgow, 103 Wn.2d at 407. Viewing the evidence in a light most favorable to.

Alonso, we hold that he has established a prima facie hostile work environment claim and, thus,