Law Jots Archives — LAW OFFICE OF GREGORY A. WILLIAMS

October 9, 2025October 9, 2025

Summary Judgment: Mere Allegations vs. Specific Facts

Under Washington State law, may an employment-discrimination plaintiff rely on mere allegations to overcome a motion for summary judgment? Here’s my point of view.

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Summary Judgment: Mere Allegations vs. Specific Facts

In an employment discrimination case, the plaintiff “need produce very little evidence in order to overcome an employer‘s motion for summary judgment. This is because ‘the ultimate question is one that can only be resolved through a searching inquiry-one that is most appropriately conducted by a factfinder, upon a full record.’” Chuang v. Univ. of Cal. Davis, Bd. of Trustees, 225 F.3d 1115, 1124 (9th Cir. 2000) (quoting Schnidrig v. Columbia Mach., Inc., 80 F.3d 1406, 1410 (9th Cir.1996)) (hyperlink added).

But even in employment discrimination cases, summary judgment must be granted when there is a “complete failure of proof concerning an essential element of the non-moving party’s case.” Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). The nonmoving party may not rely on the mere allegations in the pleadings to show a “genuine issue for trial,” but must instead “set forth specific facts[.]” Porter v. Cal. Dep’t of Corr., 419 F.3d 885, 891 (9th Cir.2005) (internal quotation omitted) (emphasis added). This means that the nonmoving party “must do more than simply show that there is some metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986) (footnote omitted).

Thus, “summary judgment should be granted where the nonmoving party fails to offer evidence from which a reasonable jury could return a verdict in its favor.” Triton Energy Corp. v. Square D Co., 68 F.3d 1216, 1221 (9th Cir. 1995).

Conclusion

Under Washington State law, an employment-discrimination plaintiff may not rely on mere allegations to overcome a motion for summary judgment. Instead, the plaintiff must set forth specific facts.

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-gw

September 3, 2025October 2, 2025

Unlawful Retaliation via Hostile Work Environment (9th Circuit)

Under Title VII of the Civil Rights Act of 1964, may a hostile work environment form the basis for unlawful retaliation when pursuing claims in the 9th Circuit? Here’s my point of view.

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Title VII (9th Circuit): Hostile Work Environment (Harassment) May Form the Basis for Retaliation Claims

The Ninth Circuit* recognizes that a “hostile work environment may be the basis for a retaliation claim under Title VII” since “[h]arassment . . . is the paradigm of ‘adverse treatment that is based on retaliatory motive and is reasonably likely to deter the charging party or others from engaging in protected activity.’” Ray v. Henderson, 217 F.3d 1234, 1244-45 (9th Cir. 2000) (quoting EEOC Compliance Manual ¶ 8008) (hyperlinks added). Under either theory, “[h]arassment is actionable only if it is ‘sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.’” Id. at 1245 (quoting Harris v. Forklift Systems, Inc., 510 U.S. 17, 21 (1993)).

Read our related articles

» Title VII of the Civil Rights Act of 1964

» What are the elements of Hostile Work Environment in WA State?

» What are the elements of Unlawful Retaliation in WA State?

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June 7, 2025October 8, 2025

Constructive Discharge Is an Adverse Employment Action (9th Circuit)

Is constructive discharge considered an adverse employment action in the 9th Circuit? Here’s my point of view.

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Constructive Discharge (or Termination)

In Washington State, resignation from employment is presumed to be voluntary. Molsness v. City of Walla Walla, 84 Wn. App. 393, 398, 928 P.2d 1108 (1996) (citing Sneed v. Barna, 80 Wn. App. 843, 912 P.2d 1035 (1996)). The legal theory of constructive discharge allows plaintiffs to rebut that presumption under both state (i.e., Washington Law Against Discrimination) and federal law (i.e., Title VII and Section 1981).

Constructive Discharge Is an Adverse Employment Action (9th Circuit)

The Ninth Circuit broadly defines an “adverse employment action” as “any action ‘reasonably likely to deter employees from engaging in protected activity.’” Pardi v. Kaiser Found. Hosps., 389 F.3d 840, 850 (9th Cir. 2004) (quoting Ray v. Henderson, 217 F.3d 1234, 1243 (9th Cir. 2000); see also Poland v. Chertoff, 494 F.3d 1174, 1180 (9th Cir. 2007)). “A constructive discharge–if proven–constitutes an adverse employment action.” Jordan v. Clark, 847 F.2d 1368, 1377 n.10 (9th Cir. 1988) (hyperlink added).

Accordingly, plaintiffs typically use constructive discharge to support viable legal theories of employment discrimination that require adverse employment actions to establish a prima facie case.

Read our related articles

» Effective Date for Constructive Discharge

» What Is Constructive Termination in WA State?

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-gw