Wash. Supreme Court published opinion — 1012055.pdf

Citation: Wash. Supreme Court published opinion — 1012055.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/1012055.pdf ↗

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causation component of WLAD claims as a requirement that the plaintiff show the

protected class was a “substantial factor.” See Mackay v. Acorn Custom Cabinetry,

Inc., 127 Wn.2d 302, 310, 898 P.2d 284 (1995); Scrivener v. Clark Coll., 181 Wn.2d

439, 442, 334 P.3d 541 (2014); Cornwell v. Microsoft Corp., 192 Wn.2d 403, 412,

430 P.3d 229 (2018); see also Fell v. Spokane Transit Auth., 128 Wn.2d 618, 642

n.30, 911 P.2d 1319 (1996) (equating the test to proximate cause). The WLAD

demands liberal construction in order to effectuate its purposes of preventing and

eliminating discrimination. RCW 49.60.020, .010; Blaney v. Int’l Ass’n of

Machinists & Aerospace Workers, Dist. No. 160, 151 Wn.2d 203, 214, 87 P.3d 757

(2004). “Further, we have held that a statutory mandate of liberal construction

41
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
State v. City of Sunnyside et al.
No. 101205-5

requires that we view with caution any construction that would narrow the coverage

of the law.” Marquis v. City of Spokane, 130 Wn.2d 97, 108, 922 P.2d 43 (1996)

(citing Shoreline Cmty. Coll. Dist. No. 7 v. Emp’t Sec. Dep’t, 120 Wn.2d 394, 406,

842 P.2d 938 (1992)). To the extent the WLAD differs from federal

antidiscrimination statutes, this court “has almost always ruled that the WLAD

provides greater . . . [antidiscrimination] protections than its federal counterparts.”

Kumar, 180 Wn.2d at 491 & n.14 (collecting cases).

Under either the WLAD or the FHA standard, viewing the facts in the light

most favorable to the State, the evidence creates genuine issues of material fact that

the respondents’ enforcement of the CFRHP had a disparate impact on households

that are Latinx, headed by women, and include children, and that the protected