Wash. Court of Appeals published opinion — D2 52293-4-II Published Opinion.pdf

Citation: Wash. Court of Appeals published opinion — D2 52293-4-II Published Opinion.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2052293-4-II%20Published%20Opinion.pdf ↗

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precluding summary judgment on her discriminatory discharge, retaliation, and wrongful

termination claims. She also denied (1) knowingly violating “any of Home Depot’s policies

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 52293-4-II

relating to customer discounts,” CP at 102; (2) giving “any sales on items without instruction or

approval from management,” CP at 103; and (3) giving “double discounts to customers,” CP at

103. In addition, Mackey disputed that the accommodation permitting her to seek the help of

other employees for lifting tasks was reasonable.

The trial court granted the summary judgment motion and dismissed all of Mackey’s

claims against the defendants. Mackey appeals the trial court’s summary judgment order.

ANALYSIS

A. SUMMARY JUDGMENT STANDARD

Our review of a dismissal on summary judgment is de novo. Frausto v. Yakima HMA,

LLC, 188 Wn.2d 227, 231, 393 P.3d 776 (2017). We review all evidence and reasonable

inferences in the light most favorable to the nonmoving party. Keck v. Collins, 184 Wn.2d 358,

368, 357 P.3d 1080 (2015). We may affirm an order granting summary judgment if there are no

genuine issues of material fact and the moving party is entitled to judgment as a matter of law.

CR 56(c); Keck, 184 Wn.2d at 370. A genuine issue of fact exists when reasonable minds could

disagree on the facts controlling the outcome of the case. Sutton v. Tacoma Sch. Dist. No. 10,

180 Wn. App. 859, 864-65, 324 P.3d 763 (2014).

The party moving for summary judgment “has the initial burden to show there is no

genuine issue of material fact.” Zonnebloem, LLC v. Blue Bay Holdings, LLC, 200 Wn. App.

178, 183, 401 P.3d 468 (2017). A moving defendant can meet this burden by establishing that