The Rundown

» Law & Logic: Argumentum Ad Antiquitam (Appeal to Tradition)

» Law & Logic: Argumentum Ad Baculum (Appeal to Force)

» Law & Logic: Argumentum Ad Ignorantium (Appeal to Ignorance)

» Law & Logic: Argumentum Ad Vercundiam (Appeal to Authority)

» Law & Logic: Confirmation Bias & Sunk Cost Fallacy

» Law & Logic: Cum Hoc Ergo Propter Hoc (False Cause)

» Law & Logic: Fallacy of the Inverse (Denying the Antecedent)

» Law & Logic: Ignoratio Elenchi (Irrelevant Conclusion)

» Law & Logic: Petitio Principii (Circular Reasoning)

» Law & Logic: Single Cause Fallacy (Complex Cause)

October 15, 2026October 15, 2026

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If you would like to learn more, then consider contacting an experienced employment attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

–gw

Law & Logic: Argumentum Ad Nauseam

In logic, what does the term “argumentum ad nauseam“ mean, and how does it apply to employment-law trial lawyers handling workplace disputes? Here’s my point of view.

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When Repetition Replaces Evidence: Argumentum Ad Nauseam in Washington Employment Litigation

The Persuasive Power of Repetition

In legal argument, some of the most persistent assertions are not necessarily the most persuasive. Argumentum ad nauseam describes a rhetorical fallacy in which a proposition is repeated so often that an audience may begin to regard it as credible simply through exposure. The Latin expression captures a familiar human tendency: hearing something repeatedly can make it feel true, even when the underlying proof remains unchanged.

For trial lawyers, this presents an important distinction. Repetition can help a jury remember a significant fact, but it cannot independently establish that fact. A persuasive narrative must ultimately rest on evidence, not familiarity.

video Example: Argumentum Ad Nauseam

When a Repeated Explanation Becomes a Litigation Issue

Employment-discrimination disputes frequently involve competing accounts of why an employer made a particular decision. An employer may point to performance deficiencies, workplace conduct, restructuring, or another ostensibly legitimate consideration. An employee may contend that the stated explanation conceals unlawful discrimination.

Imagine an employer that consistently attributes an employee’s termination to inadequate performance. That explanation appears in personnel records, is repeated during depositions, and becomes a central theme at trial. Does its repetition make it more credible?

Not necessarily. The relevant inquiry is whether the explanation is supported by contemporaneous documentation, consistent decision-making, credible testimony, and the other circumstances established by the record. If the evidence reveals contradictions or shifting explanations, repeating the same justification does not make those weaknesses disappear.

The same principle applies to an employee’s allegations. Describing a decision as discriminatory is not a substitute for establishing the facts necessary to support the applicable legal claim. Effective advocacy requires both identifying the theory of the case and demonstrating how the evidence supports it.

Applying the Principle Under Washington Law

Washington’s Law Against Discrimination, codified in chapter 49.60* RCW, provides protections against specified forms of employment discrimination. Federal protections, including Title VII, may also govern a dispute.

Within this legal framework, the distinction between assertion and proof can be consequential. Depending on the claim and procedural posture, the evidence may include differences in how similarly situated employees were treated, statements by decision-makers, departures from established procedures, documentary inconsistencies, or changes in an employer’s explanation.

None of these circumstances automatically establishes discrimination. Their significance depends on the governing legal standard and the complete evidentiary record.

For Washington employment trial attorneys, the concept of argumentum ad nauseam is therefore best understood as a caution against confusing a familiar narrative with a substantiated one. An explanation repeated consistently may have legitimate evidentiary value when that consistency is relevant and supported. But repetition alone should not be mistaken for independent corroboration.

Putting the Principle to Work in Trial

Attorneys can apply this reasoning throughout litigation.

Examine the evidence behind the narrative. When a witness repeatedly offers the same explanation, investigate its factual foundation. Determine whether the explanation is supported by records, firsthand knowledge, and other reliable evidence.

Compare statements across the record. Internal communications, deposition testimony, disciplinary documents, and trial testimony may reveal whether a party’s account has remained consistent or changed in material respects.

Make repetition meaningful. Repeating a key fact during trial can be effective advocacy when counsel explains its significance. Repetition becomes less useful when it merely restates a conclusion without connecting it to the evidence.

Focus on the governing legal standard. Whether representing an employee or an employer, counsel should identify what must actually be established and organize the proof accordingly. The objective is to assist the factfinder in evaluating the evidence, not merely to make one version of events more familiar.

Closing Argument

Argumentum ad nauseam reminds us that persuasion and proof are not interchangeable. In Washington employment-discrimination litigation, a frequently repeated explanation may sound convincing, but its credibility must still be assessed against the evidence and the law. Plaintiff’s counsel must do more than repeatedly allege discriminatory treatment; defense counsel must do more than repeatedly invoke a legitimate business reason. Both must confront the facts, account for inconsistencies, and present arguments that withstand scrutiny. Ultimately, the quality of trial advocacy is measured not by how often a proposition is heard, but by how convincingly it is supported. When repetition is separated from proof, the factfinder is better positioned to distinguish a compelling argument from a merely familiar one.

Read Our Related Articles

» How Lawyers Utilize Deductive and Inductive Reasoning

» Law & Logic: Argumentum Ad Antiquitam (Appeal to Tradition)

» Law & Logic: Argumentum Ad Baculum (Appeal to Force)

» Law & Logic: Argumentum Ad Ignorantium (Appeal to Ignorance)

» Law & Logic: Argumentum Ad Vercundiam (Appeal to Authority)

» Law & Logic: Confirmation Bias & Sunk Cost Fallacy

» Law & Logic: Cum Hoc Ergo Propter Hoc (False Cause)

» Law & Logic: Fallacy of the Inverse (Denying the Antecedent)

» Law & Logic: Ignoratio Elenchi (Irrelevant Conclusion)

» Law & Logic: Petitio Principii (Circular Reasoning)

» Law & Logic: Single Cause Fallacy (Complex Cause)

October 12, 2026October 15, 2026

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–gw

Religious Affiliation Disclosure

Under the Washington Law Against Discrimination (WLAD), RCW 49.60, may an employer require religious affiliation disclosure by employees? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.)

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WLAD: RELIGIOUS AFFILIATION DISCLOSURE (RCW 49.60.208)

The relevant law can be found under RCW 49.60.208, and it states as follows:

Unfair practice—Religious affiliation disclosure.

It is an unfair practice for an employer to:

(1) Require an employee to disclose his or her sincerely held religious affiliation or beliefs, unless the disclosure is for the purpose of providing a religious accommodation at the request of the employee; or

(2) Require or authorize an employee to disclose information about the religious affiliation of another employee, unless the individual whose religious affiliation will be disclosed

(a) expressly consents to the disclosure, and

(b) has knowledge of the purpose for the disclosure.

Id. (emphasis and hyperlinks added).

EXCEPTION — RELIGIOUS ACCOMMODATION

Under this exception, an employer may require an employee to disclose their “sincerely held religious affiliation or beliefs” if it is for the purpose of providing an employee-requested religious accommodation. Read more about this topic by viewing our article: Failure to Accommodate Religious Practices.

EXCEPTION — BOTH EXPRESS CONSENT AND KNOWLEDGE OF PURPOSE

Under an additional exception, an employer may either authorize or require an employee (“Revealing Employee”) to reveal information about another employee’s (“Subject Employee’s”) religious affiliation if the Subject Employee both expressly consents to the disclosure and has knowledge of the reason for the revelation.

REMEDIES

Under the WLAD, “[a]ny person deeming himself or herself injured by any act in violation of … [the Washington Law Against Discrimination] shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys’ fees or any other appropriate remedy authorized by this chapter or the United States Civil Rights Act of 1964 as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.).” RCW 49.60.030(2).

READ OUR RELATED ARTICLES

» Failure to Accommodate Religious Practices

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If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams, or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

October 8, 2026October 15, 2026

Law & Logic: Appeal to Emotion

In logic, what does the term “appeal to emotion“ mean, and how does it apply to employment-law trial lawyers handling workplace disputes? Here’s my point of view.

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Appeal to Emotion: Understanding Its Role in Washington Employment Discrimination Cases

What Does “Appeal to Emotion” Mean?

In logic and rhetoric, an “appeal to emotion” describes an attempt to persuade an audience by eliciting an emotional response rather than relying primarily on facts and reason.

That concept deserves some nuance in an employment-discrimination case. Workplace discrimination can be intensely personal. An employee may lose a job, a promotion, professional opportunities, income, or a sense of belonging at work. Those experiences can understandably produce anger, embarrassment, fear, or sadness.

The presence of emotion, however, does not automatically make an argument an improper appeal to emotion. The more important question is whether the emotional response is grounded in the evidence or is being used instead of evidence.

video Example: Appeal to Emotion

Why Emotion Can Matter in a Discrimination Case

For many people, employment represents much more than a source of income. A person’s work may be closely tied to financial stability, professional identity, family responsibilities, and personal dignity.

Washington’s Law Against Discrimination, chapter 49.60* RCW, reflects the state’s public policy against certain forms of discrimination and protects employees from discrimination in employment based on specified protected characteristics.

Consequently, the human consequences of alleged discrimination can be relevant to understanding a plaintiff‘s experience and, depending on the claim and evidence, to establishing damages. A plaintiff’s attorney does not have to strip the case of its human dimension in order to present it professionally.

The key is to allow the evidence to establish what happened and then allow the jury to appreciate the significance of those events.

Emotion Cannot Replace Evidence

A plaintiff does not establish employment discrimination merely by demonstrating that an employer‘s conduct was hurtful. The attorney must still present evidence supporting the elements of the particular claim.

That evidence might include communications from decision-makers, employment records, testimony from coworkers, differences in how employees were treated, the timing of significant events, or inconsistencies in the employer’s explanation for an employment decision.

Those facts can be persuasive on their own. They can also have an emotional impact because they describe something that happened to a real person.

Washington’s Evidence Rule 403* illustrates the distinction. Relevant evidence can be excluded when its probative value is substantially outweighed by the danger of unfair prejudice. The concern is not simply that evidence may cause an emotional reaction; rather, the concern is that emotion could cause a factfinder to decide the case for an improper reason instead of evaluating the evidence rationally.

For plaintiff’s counsel, that distinction is important. A compelling presentation should invite the jury to consider the evidence carefully—not ask jurors to disregard the evidence in favor of sympathy.

Telling the Plaintiff’s Story

An employment-discrimination trial involves more than isolated events. The surrounding circumstances can help a jury understand why particular facts matter.

Suppose, for example, that an employee alleges she was treated differently because of a protected characteristic. Her attorney may present evidence concerning how she performed her job, what happened after a particular decision-maker learned of the protected characteristic, how coworkers were treated in comparable circumstances, and what explanation the employer later provided for its actions.

The plaintiff’s personal experience gives those facts context.

If, for example, the evidence shows that an employee lost an important opportunity after years of work, or that she was subjected to degrading treatment before ultimately losing her position, the jury may naturally recognize the seriousness of what occurred. The attorney does not need to manufacture that reaction.

In a strong case, the emotional significance comes from the facts themselves.

When Emotion Becomes a Distraction

The phrase “appeal to emotion” can sometimes be used to suggest that a plaintiff‘s feelings have no place in the courtroom. That is too broad.

A plaintiff’s emotional response does not prove discrimination, but neither does being emotional disprove it. Someone who believes she was unlawfully treated may understandably experience frustration, anger, anxiety, or hurt.

The central questions remain factual and legal:

- What actually happened?
- Who made the relevant decisions?
- What did those individuals know?
- Were similarly situated employees treated differently?
- Did the employer’s explanation change or conflict with the evidence?
- What consequences did the plaintiff experience?

Those questions keep the jury focused on the issues that matter while still allowing the jury to understand the human consequences of the alleged conduct.

The Plaintiff’s Attorney’s Balancing Act

For plaintiff’s counsel, effective advocacy requires finding the right balance.

An attorney who presents only dry facts may fail to communicate the significance of the discrimination to the person who experienced it. On the other hand, an argument centered almost entirely on indignation or sympathy risks distracting the jury from the evidence needed to establish liability.

The stronger approach is to combine the two. Establish the facts. Explain their significance under the applicable law. Then allow the jury to understand the consequences for the plaintiff.

That approach respects the jury’s role and recognizes an important reality of employment litigation: discrimination claims involve legal rights, but they are ultimately experienced by people.

Closing Argument

A plaintiff should not have to choose between presenting the evidence and explaining what that evidence meant in her life. The two can (and often should) work together.

The most effective employment-discrimination cases give jurors a clear factual record, a sound legal framework, and an honest account of the consequences that followed. The plaintiff’s emotions may help convey the human impact of what happened, but they do not have to carry the case. The evidence does that work.

When a plaintiff’s story is supported by credible evidence and fits the requirements of the law, there is no need to rely on sympathy as a substitute for proof. The jury can consider both the legal significance of the conduct and its real-world impact on the person who experienced it.

Read Our Related Articles

» How Lawyers Utilize Deductive and Inductive Reasoning

» Law & Logic: Argumentum Ad Antiquitam (Appeal to Tradition)

» Law & Logic: Argumentum Ad Baculum (Appeal to Force)

» Law & Logic: Argumentum Ad Ignorantium (Appeal to Ignorance)

» Law & Logic: Argumentum Ad Vercundiam (Appeal to Authority)

» Law & Logic: Confirmation Bias & Sunk Cost Fallacy

» Law & Logic: Cum Hoc Ergo Propter Hoc (False Cause)

» Law & Logic: Fallacy of the Inverse (Denying the Antecedent)

» Law & Logic: Ignoratio Elenchi (Irrelevant Conclusion)

» Law & Logic: Petitio Principii (Circular Reasoning)

» Law & Logic: Single Cause Fallacy (Complex Cause)

October 3, 2026October 8, 2026

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–gw

Harmful Employment-Law Idioms: “Playing the Race Card”

Harmful Employment-Law Idioms: "Playing the Race Card"

Why is the idiom “playing the race card” harmful for employment-discrimination victims? Here’s my point of view.

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Why “Playing the Race Card” Is a Harmful Idiom—and Shouldn’t Deter Employees in Washington State from Seeking Justice

In today’s workplaces, discussions about race and discrimination remain highly sensitive—and sometimes even controversial. Unfortunately, one phrase often used to undermine these conversations is the idiom “playing the race card.” Though it may seem like a casual expression, this phrase carries derogatory connotations and can have a chilling effect on individuals experiencing racial discrimination.

For employees in Washington State facing unfair treatment based on race, it’s essential to understand that seeking legal help is not only your right—it can be a necessary step in protecting yourself and improving workplace equity for everyone.

The Problem with “Playing the Race Card”

At its core, the idiom “playing the race card” implies that someone is opportunistically or manipulatively invoking their race to gain an advantage or excuse poor behavior. This notion casts doubt on the legitimacy of racial discrimination claims and frames the accuser as disingenuous.

This phrase is problematic for several reasons:

1. It Delegitimizes Genuine Concerns: Using this idiom suggests that raising concerns about racism is inherently suspect or dishonest. This mindset undermines the very real, and often well-documented, existence of racial bias in employment decisions such as hiring, promotions, compensation, and termination.

2. It Discourages Reporting: When people fear being accused of “playing the race card,” they may hesitate to come forward with valid claims. This reluctance allows discriminatory practices to persist unchecked.

3. It Perpetuates Systemic Inequality: Framing race-based complaints as exaggerated or attention-seeking minimizes the systemic nature of racism and prevents meaningful dialogue or change.

Know Your Rights in Washington State

Washington State has some of the strongest anti-discrimination laws in the country. Under both state and federal law, it is illegal for an employer to discriminate against an employee or job applicant based on certain protected classes including, but not limited to, race.

If you believe that your employer has treated you unfairly because of your race, you have the right to file a complaint and pursue legal recourse. This may include:

» Unequal pay or benefits

» Disparate impact

» Disparate treatment

» Harassment or hostile work environment

» Wrongful termination or demotion

» Retaliation for reporting discrimination

The Washington Law Against Discrimination (WLAD) provides legal protection for workers and allows victims to seek remedies such as reinstatement, back pay, front pay, emotional distress damages, and attorney’s fees.

Why Speaking to an Employment Attorney Matters

Racial discrimination in the workplace is not always blatant. It can take subtle forms—like being passed over for promotions, consistently receiving worse assignments, or enduring offhand remarks that create a hostile environment. An experienced employment attorney can help assess your situation, gather evidence, and advise you on the best path forward.

Crucially, consulting a lawyer sends a clear message: you are not “playing” at anything—you are asserting your legal rights under the law.

Moving Beyond the Stigma

Challenging racial bias isn’t easy, and it often comes with emotional and professional risks. But phrases like “playing the race card” should not be allowed to shame or silence those who have the courage to speak out.

If you’re experiencing discrimination in your workplace, know that your concerns are valid. You don’t have to tolerate unfair treatment, and you’re not alone. Protect your rights. Seek legal guidance. And remember: justice begins with the decision to stand up and be heard.

READ OUR RELATED ARTICLES

We invite you to read more of our articles related to this topic:

» Title VII of the Civil Rights Act of 1964

» What is WA State’s Law Against Employment Discrimination?

LEARN MORE

–gw

October 1, 2026October 15, 2026

Law & Logic: Argument from Incredulity

In logic, what does the term “Argument from Incredulity“ mean, and how does it apply to employment-law trial lawyers handling workplace disputes? Here’s my point of view.

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Argument from Incredulity in Employment-Discrimination Litigation

Employment-discrimination cases often turn on what a decision-maker knew, believed, or intended. Because those questions rarely come with direct evidence, trial attorneys must build their arguments from documents, testimony, chronology, and reasonable inferences. One logical fallacy that can quietly undermine that process is the argument from incredulity.

What Is an Argument from Incredulity?

An argument from incredulity occurs when someone rejects a proposition simply because they cannot imagine, understand, or believe how it could be true.

In its simplest form:

“I cannot see how that could have happened, so it must not have happened.”

The problem is that a person’s inability to understand an explanation is not itself evidence that the explanation is false. In legal proceedings, this distinction is especially important because jurors and lawyers must evaluate evidence rather than substitute personal intuition for proof.

video Example: Argument from Incredulity

How It Can Arise in Employment-Discrimination Cases

Employment-discrimination litigation frequently involves competing explanations for an employment decision. An employer may contend that a termination, demotion, hiring decision, or disciplinary action resulted from a legitimate, nondiscriminatory reason*. The employee may argue that the stated reason is pretextual* and that discrimination played a role.

An argument from incredulity can arise when either side treats an apparently difficult-to-explain fact as dispositive.

For example, a defense attorney might argue:

“If the supervisor really discriminated against the employee, why would the supervisor have given the employee a positive performance review six months earlier?”

That question may be relevant. But the fact that the attorney finds the alleged discrimination difficult to reconcile with the earlier review does not establish that discrimination was impossible. The significance of the review must be evaluated alongside the rest of the evidence.

Conversely, a plaintiff’s attorney might argue:

“There is no way a manager could have made this decision without knowing about the employee’s protected characteristic.”

Again, the attorney’s belief about what the manager must have known is not a substitute for evidence establishing knowledge.

The Trial Lawyer’s Better Approach: Evidence, Not Imagination

The antidote to an argument from incredulity is to identify the evidentiary basis for the inference being urged.

Instead of arguing that a competing explanation is simply unbelievable, counsel can examine questions such as:

- What did the decision-maker actually know at the relevant time?
- What documents or communications corroborate that knowledge?
- Does the employer’s explanation remain consistent with contemporaneous records?
- Did similarly situated employees receive comparable treatment?
- Did the employer follow its ordinary procedures?
- Did the stated reason change over time?
- Is there evidence supporting or contradicting the employer’s explanation?
- What reasonable inferences can a factfinder draw from the chronology?

These questions move the analysis from “I cannot believe that” to “What does the evidence show?”

Implications for Depositions and Cross-Examination

The distinction can be particularly useful during depositions and cross-examination. Counsel may encounter testimony that appears implausible or internally inconsistent. The temptation is to ask a witness, in effect, “Do you really expect anyone to believe that?”

A more productive examination ordinarily identifies the facts that make the testimony difficult to reconcile with the record.

For example, rather than relying on incredulity, counsel might establish that a decision-maker received a particular email, reviewed a particular performance document, and then made a decision that the witness now claims was based on something else. The resulting contradiction comes from the evidence itself.

That approach also gives the factfinder a concrete basis for drawing an inference rather than asking the factfinder to adopt counsel’s personal reaction to the testimony.

Closing Argument

Recognizing the argument from incredulity does not mean that implausible testimony should be accepted uncritically. Lawyers routinely ask factfinders to assess whether an explanation is credible. The important distinction is between demonstrating why an explanation is inconsistent with the evidence and asserting that it cannot be true because it seems unbelievable.

For employment-discrimination trial attorneys, that distinction can sharpen both advocacy and analysis. Strong cases are generally built by connecting the requested inference to admissible evidence, chronology, credibility, and the governing legal standard—not merely to what counsel or the jury finds difficult to imagine.

In litigation, “I can’t believe it” may be a starting point for investigation. It is rarely the evidence itself.

Read Our Related Articles

» How Lawyers Utilize Deductive and Inductive Reasoning

» Law & Logic: Argumentum Ad Antiquitam (Appeal to Tradition)

» Law & Logic: Argumentum Ad Baculum (Appeal to Force)

» Law & Logic: Argumentum Ad Ignorantium (Appeal to Ignorance)

» Law & Logic: Argumentum Ad Vercundiam (Appeal to Authority)

» Law & Logic: Confirmation Bias & Sunk Cost Fallacy

» Law & Logic: Cum Hoc Ergo Propter Hoc (False Cause)

» Law & Logic: Fallacy of the Inverse (Denying the Antecedent)

» Law & Logic: Ignoratio Elenchi (Irrelevant Conclusion)

» Law & Logic: Petitio Principii (Circular Reasoning)

» Law & Logic: Single Cause Fallacy (Complex Cause)

September 29, 2026October 1, 2026

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–gw

Elements of Negligent Misrepresentation

Under Washington State laws, what are the elements of negligent misrepresentation? Here’s my point of view.

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ELEMENTS OF NEGLIGENT MISREPRESENTATION

In Washington State, negligent misrepresentation is a tort. A tort is a civil wrong, other than breach of contract, for which remedies may be obtained.

“To prevail on … [a negligent misrepresentation claim], a plaintiff must prove, by clear, cogent, and convincing evidence that[:]

(1) the defendant supplied information for the guidance of others in their business transactions that was false,

(2) the defendant knew or should have known that the information was supplied to guide the plaintiff in his business transactions,

(3) the defendant was negligent in obtaining or communicating the false information,

(4) the plaintiff relied on the false information,

(5) the plaintiff’s reliance was reasonable, and

(6) the false information proximately caused the plaintiff damages.

Specialty Asphalt & Construction, LLC v. Lincoln County, 191 Wn.2d 182, 196-97 (Wash. 2018) (citing Ross v. Kirner, 162 Wn.2d 493, 499, 172 P.3d 701 (2007); Lawyers Title Ins. Corp. v. Baik, 147 Wn.2d 536, 545, 55 P.3d 619 (2002) (“Washington has adopted Restatement (Second) of Torts § 552 (Am. Law Inst. 1965)”)) (hyperlink added).

JUSTIFIABLE RELIANCE: AN ISSUE OF FACT

“Whether a party justifiably relied upon a misrepresentation is an issue of fact.” Specialty Asphalt, 191 Wn.2d at 198 (citing ESCA Corp. v. KPMG Peat Marwick, 135 Wn.2d 820, 828, 959 P.2d 651 (1998)).

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September 24, 2026October 15, 2026

Law & Logic: Affirming the Consequent

In logic, what does the term “Affirming the Consequent” mean, and how does it apply to employment-law trial lawyers handling workplace disputes? Here’s my point of view.

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Affirming the Consequent: A Logical Fallacy in Employment Litigation

The Basic Fallacy

“Affirming the consequent” is a logical error that occurs when someone assumes that a particular result proves a particular cause.

For example:

If it rains, the sidewalk will be wet.

The sidewalk is wet.

Therefore, it rained.

Not necessarily. A sprinkler, hose, or other source could have made the sidewalk wet.

The mistake is treating an effect as proof of one particular cause when other explanations are possible.

video Example: Affirming the Consequent

How It Arises in Employment Cases

Employment litigation often involves competing explanations for an employer’s actions. An employee may claim that a termination was discriminatory or retaliatory, while the employer may contend that it resulted from legitimate performance or workplace concerns.

Affirming the consequent can occur when either side reasons:

The evidence is consistent with my explanation; therefore, my explanation must be the reason it happened.

For example, an employee’s poor performance may be consistent with an employer’s legitimate explanation for termination. But that fact alone does not necessarily resolve whether unlawful discrimination or retaliation also played a role.

Conversely, evidence that an employee received unusually negative treatment may be consistent with discrimination, but it does not by itself establish that discrimination caused the treatment.

The Trial Lawyer’s Question

The better question is:

What other explanations could account for this same evidence, and what evidence distinguishes among them?

That question can sharpen discovery, depositions, cross-examination, and closing argument.

A lawyer should distinguish between evidence that is merely consistent with a theory and evidence that actually supports the required causal connection under the applicable legal standard.

Closing Argument

The lesson of affirming the consequent is simple: an effect does not necessarily prove its cause.

For employment-law trial lawyers, recognizing this fallacy is a useful way to test both sides’ theories. The goal is not merely to show that the evidence fits a client’s explanation, but to explain why the evidence supports that explanation when considered alongside the reasonable alternatives.

In trial, asking “What does this fact actually prove?” can be just as important as asking “What happened?”

Read Our Related Articles

» How Lawyers Utilize Deductive and Inductive Reasoning

» Law & Logic: Argumentum Ad Antiquitam (Appeal to Tradition)

» Law & Logic: Argumentum Ad Baculum (Appeal to Force)

» Law & Logic: Argumentum Ad Ignorantium (Appeal to Ignorance)

» Law & Logic: Argumentum Ad Vercundiam (Appeal to Authority)

» Law & Logic: Confirmation Bias & Sunk Cost Fallacy

» Law & Logic: Cum Hoc Ergo Propter Hoc (False Cause)

» Law & Logic: Fallacy of the Inverse (Denying the Antecedent)

» Law & Logic: Ignoratio Elenchi (Irrelevant Conclusion)

» Law & Logic: Petitio Principii (Circular Reasoning)

» Law & Logic: Single Cause Fallacy (Complex Cause)