LAW OFFICE OF GREGORY A. WILLIAMS

September 30, 2021October 21, 2024

Public Accommodations Discrimination

The Prima Facie Case: Public Accommodations Discrimination

Under Washington Law Against Discrimination (WLAD), RCW 49.60, what is the prima facie case for public accommodations discrimination? 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: PLACES OF PUBLIC ACCOMMODATION

“The [Washington State] legislature has … directed … [the courts] to liberally construe WLAD to eradicate discrimination, including discrimination in places of public accommodation.” Floeting v. Group Health Cooperative, 192 Wn.2d 848 (Wash. 2019) (citing RCW 49.60.010, .020; see also Jin Zhu v. N. Cent. Educ. Serv. Dist.-ESD 171, 189 Wn.2d 607, 614, 404 P.3d 504 (2017) (“quoting Marquis v. City of Spokane, 130 Wn.2d 97, 108, 922 P.2d 43 (1996)”)). “The fundamental object of laws banning discrimination in public accommodations is to vindicate the deprivation of personal dignity that surely accompanies denials of equal access to public establishments.” Id. at 855 (internal citations and quotation marks omitted).

FREEDOM FROM DISCRIMINATION–DECLARATION OF CIVIL RIGHTS (RCW 49.60.030(1)(B))

“Under RCW 49.60.030(1)(b), WLAD secures the right to ‘full enjoyment’ of any place of public accommodation, including the right to purchase any service or commodity sold by any place of public accommodation ‘without acts directly or indirectly causing persons of [a protected class] to be treated as not welcome, accepted, desired, or solicited.'” Floeting, 192 Wn.2d at 852-53 (referencing RCW 49.60.040(14)) (hyperlink added).

MEANING OF “FULL ENJOYMENT”

Thus, “WLAD protects the customer’s ‘full enjoyment’ of the services and privileges offered in public accommodations.” Id. at 855 (citing RCW 49.60.030(1)(b)). “WLAD’s broad definition of ‘full enjoyment’ extends beyond denial of service to include liability for mistreatment that makes a person feel ‘not welcome, accepted, desired, or solicited.'” Id. (citing RCW 49.60.040(14)). “Denial or deprivation of services on the basis of one’s protected class is an affront to personal dignity.” Id. (internal citations omitted).

THE PRIMA FACIE CASE (FELL STANDARD (RCW 49.60.215))

“More than twenty years ago, … [the Washington State Supreme Court] set forth the standard for establishing a prima facie case of discrimination in a place of public accommodation under RCW 49.60.215.” Floeting, 192 Wn.2d at 853 (referencing Fell v. Spokane Transit Auth., 128 Wn.2d 618, 637, 911 P.2d 1319 (1996)) (footnote omitted) (hyperlinks added).

“Fell established that in order to make a prima facie case of discrimination under RCW 49.60.215[ ][:]

a plaintiff must prove that

(1) the plaintiff is a member of a protected class,

(2) the defendant’s establishment is a place of public accommodation,

(3) the defendant discriminated against the plaintiff when it did not treat the plaintiff in a manner comparable to the treatment it provides to persons outside that class, and

(4) the plaintiff’s protected status was a substantial factor that caused the discrimination.

Floeting, 192 Wn.2d at 583-84 (citing Fell, 128 Wn.2d at 637) (internal citations omitted) (paragraph formatting, hyperlinks, and emphasis added).

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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.

September 19, 2021October 21, 2024

Canon of Presumed Awareness

Under Washington State canons of statutory construction, what is the canon of presumed awareness? Here’s my point of view.

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THE CANON OF PRESUMED AWARENESS

Under the canon of presumed awareness: “The Legislature is presumed to be aware of judicial interpretation of its statutes.” Dailey v. North Coast Life Insurance Company, 129 Wn.2d 572, 581 (Wash. 1996) (Talmadge, J., concurring) (reasoning that the Washington State Legislature “clearly understood it was adopting exemplary damages as part of Washington’s antidiscrimination law when it amended RCW 49.60.030(2) in 1993 and 1995.” (citing Friends of Snoqualmie Valley v. King County Boundary Review Bd., 118 Wash.2d 488, 496, 825 P.2d 300 (1992))).

In Dailey, the majority opinion essentially held that punitive damages are not available for employment discrimination under the Washington Law Against Discrimination, because the legislature has not expressly authorized them. See id at 574-75.

Read our related article entitled Presumption of Acquiescence concerning a similar Washington State canon of statutory construction.

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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.

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September 14, 2021October 21, 2024

Independent Contractors and Gender Discrimination

Under Washington State laws, may independent contractors bring gender discrimination actions in the making and performance of contracts for personal services? Here’s my point of view.

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INDEPENDENT CONTRACTORS: GENDER

In Washington State, “an independent contractor may bring an action for discrimination in the making or performance of [a] contract for personal services.” Specialty Asphalt & Construction, LLC v. Lincoln County, 191 Wn.2d 182 (Wash. 2018). at 192 (citing Marquis v. City of Spokane, 130 Wn.2d 97, 100-01, 922 P.2d 43 (1996)) (alterations in original) (internal quotation marks omitted).

Such discrimination claims may be “based on sex [or gender] ….” Marquis, 130 Wn.2d at 100-01.

THE PRIMA FACIE CASE

The relevant law concerning the prima facie case is found under Washington Law Against Discrimination, RCW 49.60. However, because “RCW 49.60.030 does not provide the criteria for a prima facie claim, … [the court] crafted criteria through case law[ ][:]

[T]he plaintiff in a sex discrimination case must show (1) membership in a protected class; (2) the plaintiff was similarly situated to members of the opposite sex, i.e., that he or she was qualified for the position applied for or was performing substantially equal work; (3) because of plaintiff’s sex he or she was treated differently than members of the opposite sex.

Specialty Asphalt, 191 Wn.2d at 204 n.6 (citing Marquis, 130 Wn.2d at 113-14) (alteration in original) (emphasis and hyperlink added).

TREATED DIFFERENTLY FROM SIMILARLY SITUATED MEMBERS OF THE OPPOSITE SEX BECAUSE OF GENDER

Moreover, “[t]he Marquis case provides three examples … [of how a plaintiff–in an action for discrimination in the making and performance of an employment contract–may show that the plaintiff was treated differently from similarly situated members of the opposite sex because of plaintiff’s gender]:

[ (1) ] [T]hat he or she was denied the position,

[ (2) ] was offered a contract only on terms which made the performance of the job more onerous or less lucrative than contracts given to members of the opposite sex, or,

[ (3) ] once offered the contract, was treated in a manner that made the performance of the work more difficult than that of members of the opposite sex who were similarly situated.

Specialty Asphalt, 191 Wn.2d at 193 (internal citation omitted) (second-fifth alterations in original).

SUMMARY JUDGMENT: EVIDENCE

CIRCUMSTANTIAL, INDIRECT, & INFERENTIAL EVIDENCE

“To establish discriminatory action, plaintiffs may rely on circumstantial, indirect, and inferential evidence.” Id. at 192 (citing Mikkelsen v. Pub. Util. Dist. No. 1 of Kittitas County, 189 Wn.2d 516, 526, 404 P.3d 464 (2017) (“assessing a claim under RCW 49.60.180“) (internal quotation marks omitted).

SUMMARY JUDGMENT IMPROPER

Summary judgment is improper “[w]hen the record contains reasonable but competing inferences of both discrimination and nondiscrimination[ ][; in that case,] the trier of fact must determine the true motivation.” Id. at 191-92 (citing Scrivener v. Clark Coll., 181 Wn.2d 439, 445, 334 P.3d 541 (2014) (citing Rice v. Offshore Sys., Inc., 167 Wn.App. 77, 90, 272 P.3d 865 (2012))).

TOTALITY OF THE EVIDENCE

“[E]vidence should be taken together when considering whether there are ‘reasonable but competing inferences of both discrimination and nondiscrimination.'” See id. at 192 (internal citation and quotation marks omitted).

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September 8, 2021October 21, 2024

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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August 26, 2021October 21, 2024

The Prima Facie Case: Disparate Treatment via Direct Evidence

Under Washington Law Against Discrimination (WLAD), RCW 49.60, what is the Direct Evidence Method of establishing a prima facie case of disparate treatment discrimination? Here’s my point of view.

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DISPARATE TREATMENT

Disparate treatment is a form of discrimination that “occurs when an employer treats some people less favorably than others because of race, color, religion, sex, or other protected status.” Alonso v. Qwest Communications Company, LLC, 178 Wn.App. 734, 743 (Div. 2 2013) (citing Hegwine v. Longview Fibre Co., 162 Wn.2d 340, 354 n. 7, 172 P.3d 688 (2007)) (hyperlink added).

“To establish a prima facie disparate treatment discrimination case, a plaintiff must show that his employer simply treats some people less favorably than others because of their protected status.” Id. (citing Johnson v. Dep’t of Soc. & Health Servs., 80 Wn.App. 212, 226, 907 P.2d 1223 (1996)) (hyperlink added).

THE PRIMA FACE CASE: 2 METHODS

“A plaintiff can establish a prima facie case by either[:]

[1.] offering direct evidence of an employer’s discriminatory intent, or …

[2.] satisfying the McDonnell Douglas burden-shifting test that gives rise to an inference of discrimination.

Id. at 743-44 (citing Kastanis v. Educ. Emps. Credit Union, 122 Wn.2d 483, 491, 859 P.2d 26, 865 P.2d 507 (1993)) (emphasis and paragraph formatting added).

This article will address the direct evidence method.

THE DIRECT EVIDENCE METHOD

Under the direct evidence method, “a plaintiff can establish a prima facie case by providing direct evidence that[:]

(1) the defendant employer acted with a discriminatory motive and

(2) the discriminatory motivation was a significant or substantial factor in an employment decision.

Id. at 744 (citing Kastanis, 122 Wn.2d at 491) (paragraph formatting added).

CONSIDERATIONS

» EMPLOYER’S DISCRIMINATORY REMARKS GENERALLY CONSIDERED DIRECT EVIDENCE OF DISCRIMINATION: “We generally consider an employer’s discriminatory remarks to be direct evidence of discrimination.” Id. (referencing Johnson v. Express Rent & Own, Inc., 113 Wn.App. 858, 862-63, 56 P.3d 567 (2002) (“reversing summary judgment based on supervisor’s ageist comments that plaintiff did not fit company’s image of a youthful, fit, ‘GQ’ looking mold” )).

» SIGNIFICANT OR SUBSTANTIAL FACTOR IN AN EMPLOYMENT DECISION: ADVERSE EMPLOYMENT ACTION: “An adverse employment action involves a change in employment conditions that is more than an inconvenience or alteration of one’s job responsibilities, such as reducing an employee’s workload and pay.” Id. at 746 (citing Campbell v. State, 129 Wn.App. 10, 22, 118 P.3d 888 (2005), review denied, 157 Wn.2d 1002 (2006)).

Demotion, Adverse Transfer, and Hostile Work Environment: “A demotion or adverse transfer, or a hostile work environment, may also amount to an adverse employment action.” Id. (citing Kirby v. City of Tacoma, 124 Wn.App. 454, 465, 98 P.3d 827 (2004), review denied, 154 Wn.2d 1007 (2005)).

The Prima Facie Case: Unlawful Retaliation

Under Washington Law Against Discrimination (WLAD), RCW 49.60, what is the prima facie case for unlawful retaliation? Here’s my point of view.

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UNLAWFUL RETALIATION

The Washington Law Against Discrimination, RCW 49.60, “prohibits retaliation against a party asserting a claim based on a perceived violation of his civil rights or participating in an investigation into alleged workplace discrimination.” Alonso v. Qwest Communications Company, LLC, 178 Wn.App 734, 753 (Div. 2 2013) (citing RCW 49.60.210).

There are additional protections. The relevant law states as follows:

RCW 49.60.210
Unfair practices—Discrimination against person opposing unfair practice—Retaliation against whistleblower.

(1) It is an unfair practice for any employer, employment agency, labor union, or other person to discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden by this chapter, or because he or she has filed a charge, testified, or assisted in any proceeding under this chapter.

(2) It is an unfair practice for a government agency or government manager or supervisor to retaliate against a whistleblower as defined in chapter 42.40 RCW.

(3) It is an unfair practice for any employer, employment agency, labor union, government agency, government manager, or government supervisor to discharge, expel, discriminate, or otherwise retaliate against an individual assisting with an office of fraud and accountability investigation under RCW 74.04.012, unless the individual has willfully disregarded the truth in providing information to the office.

RCW 49.60.210 (emphasis and hyperlinks added).

“Violation of this provision supports a retaliation claim.” Mackey v. Home Depot USA, Inc., 12 Wn.App.2d 557, 570 (Div. 2 2020), review denied, 468 P.3d 616 (2020) (referencing Cornwell v. Microsoft Corp., 192 Wn.2d 403, 411, 430 P.3d 229 (2018)).

THE PRIMA FACIE CASE

“To establish a prima facie case of retaliation, an employee must show that[:]

(1) he or she engaged in a statutorily protected activity,

(2) the employer took an adverse employment action against the employee, and

(3) there is a causal connection between the employee‘s activity and the employer‘s adverse action.

Id. at 574 (citing Cornwell, 192 Wn.2d at 411) (emphasis, paragraph formatting, and hyperlinks added).

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

Adverse Employment Actions: A Closer Look

Definition of Prima Facie Case*

Employment-Discrimination Hotlines & Unlawful Retaliation

The McDonnell Douglas Burden Shifting Framework*

The Prima Facie Case: Unlawful Retaliation

Top 3 Reasons Unlawful Retaliation Claims Fail

Top 3 Causation Standards: Unlawful Retaliation

Unlawful Retaliation: Adverse Employment Action

Unlawful Retaliation and the Prospective Employer

Unlawful Retaliation: The Actual-Knowledge Standard

Unlawful Retaliation: The Causal Link

Unlawful Retaliation: The Functionally-Similar Test

Unlawful Retaliation: Statutorily Protected Activity

*NOTE: The link will take the reader to our Williams Law Group Blog – an external website.

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August 3, 2021October 21, 2024

The Prima Facie Case: Hostile Work Environment

Under Washington Law Against Discrimination (WLAD), RCW 49.60, what is the prima facie case for hostile work environment (also known as harassment)? Here’s my point of view.

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HOSTILE WORK ENVIRONMENT (WA STATE)

Under the Washington Law Against Discrimination, RCW 49.60, “an employer may ordinarily avoid liability for … harassment[, based upon an employee‘s membership in a protected class,] by taking prompt and adequate corrective action when it learns that an employee is being [unlawfully] … harassed.” See Glasgow v. Georgia Pacific Corp., 103 Wn.2d 401, 408 (Wash. 1985) (hyperlinks added).

THE PRIMA FACIE CASE (WA STATE)

In Washington, the term “hostile work environment” is synonymous with harassment. “To establish a prima facie hostile work environment claim, a plaintiff must show the following four elements:

(1) the harassment was unwelcome,

(2) the harassment was because [plaintiff was a member of a protected class],

(3) the harassment affected the terms or conditions of employment, and

(4) the harassment is imputable to the employer.

Loeffelholz v. University of Washington, 175 Wn.2d 264, 275 (Wash. 2012) (internal citations and quotation marks omitted) (alteration in original) (emphasis and hyperlink added).

-ELEMENT (1): Harassment was unwelcome

“In order to constitute harassment, the complained of conduct must be unwelcome in the sense that the plaintiff-employee did not solicit or incite it, and in the further sense that the employee regarded the conduct as undesirable or offensive.” Glasgow, 103 Wn.2d at 406.

-ELEMENT (2): The harassment was because of membership in a protected class

“The question to be answered here is: would the employee have been singled out and caused to suffer the harassment if the employee had been … [outside the protected class]?” See id. “This statutory criterion requires that the [protected class] … of the plaintiff-employee be the motivating factor for the unlawful discrimination.” See id.

-ELEMENT (3): The harassment affected the terms or conditions of employment

“Casual, isolated or trivial manifestations of a discriminatory environment do not affect the terms or conditions of employment to a sufficiently significant degree to violate the law.” Id.; cf. Gregory A. Williams, Esq., Stray-Remarks Doctrine and Employment Discrimination (WA State), Williams Law Group Blog, July 30, 2021 (Washington Courts do not apply the Stray-Remarks Doctrine to employment discrimination cases). In addition, “[t]he harassment must be sufficiently pervasive so as to alter the conditions of employment and create an abusive working environment.” Glasgow, 103 Wn.2d at 406.

-ELEMENT (4): The harassment is imputable to the employer

WHERE OWNER, MANAGER, PARTNER, OR CORPORATE OFFICER HARASSES: “Where an owner, manager, partner or corporate officer personally participates in the harassment, this element is met by such proof.” Id. at 407.

WHERE SUPERVISORS OR CO-WORKERS HARASS: “To hold an employer responsible for the discriminatory work environment created by a plaintiff’s supervisor(s) or co-worker(s), the employee must show that the employer[:]

(a) authorized, knew, or should have known of the harassment and

(b) failed to take reasonably prompt and adequate corrective action.

Id. (emphasis and paragraph formatting added). “This may be shown by proving[:]

(a) that complaints were made to the employer through higher managerial or supervisory personnel or by proving such a pervasiveness of sexual harassment at the work place as to create an inference of the employer’s knowledge or constructive knowledge of it and

(b) that the employer’s remedial action was not of such nature as to have been reasonably calculated to end the harassment.”

Id. (emphasis and paragraph formatting added).

READ OUR RELATED ARTICLES

Definition of Prima Facie Case**

Disability-Based Hostile Work Environment

Harassment & Terms or Conditions of Employment: A Closer Look

Hostile Work Environment: Imputing Harassment to Employer

Hostile Work Environment: Terms or Conditions of Employment

Hostile Work Environment: The Unwelcome Element

McDonnel Douglas Burden-Shifting Framework**

Protected Classes

Sexual Harassment in the Workplace (WA State)

The Prima Facie Case: Hostile Work Environment

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WLAD: Disparate Treatment via Hostile Work Environment

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** (NOTE: This is an external link that will take you to our Williams Law Group Blog.)

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August 1, 2021October 21, 2024

The Prima Facie Case: Reasonable Accommodations

Under Washington Law Against Discrimination (WLAD), RCW 49.60, what is the prima facie case for failure to provide reasonable accommodations? Here’s my point of view.

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FAILURE TO PROVIDE REASONABLE ACCOMMODATIONS (WA STATE)

AFFIRMATIVE DUTY TO ACCOMMODATE: Washington Law Against Discrimination (WLAD) “gives employers an affirmative duty to accommodate an employee‘s disability.” Mackey v. Home Depot USA, Inc., 12 Wn.App.2d 557, 586 (Div. 2 2020), review denied, 468 P.3d 616 (2020) (citing RCW 49.60.180(2); LaRose v. King County, 8 Wn.App.2d 90, 125, 437 P.3d 701 (2019)) (hyperlinks added).

SCOPE: “A reasonable accommodation must allow the employee to work in the environment and perform the essential functions of her job without substantially limiting symptoms.” Id. (citing Frisino v. Seattle Sch. Dist. No. 1, 160 Wn.App. 765, 777-78, 249 P.3d 1044 (2011)) (internal quotation marks omitted).

MULTIPLE METHODS OF ACCOMMODATION: “Where multiple potential methods of accommodation exist, the employer is entitled to select the appropriate method.” Id. (citing Frisino, 160 Wn.App. at 779).

THE PRIMA FACIE CASE (WA STATE)

“An employee claiming his or her employer failed to accommodate a disability must prove that[:]

(1) the employee suffered from a disability,
(2) the employee was qualified to do the job at issue,
(3) the employee gave his or her employer notice of the disability, and
(4) the employer failed to reasonably accommodate that disability.

Id. (citing LaRose, 8 Wn.App.2d at 125-26) (paragraph formatting and emphasis and hyperlinks added).

TAKE OUR REASONABLE ACCOMMODATIONS TEST (VIDEO):

The Prima Facie Case: Discriminatory Discharge

Under Washington Law Against Discrimination (WLAD), RCW 49.60, what is the prima facie case for discriminatory discharge? Here’s my point of view.

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DISCRIMINATORY DISCHARGE (WA STATE)

“[T]he WLAD prohibits an employer from discharging an employee because of certain protected characteristics, including[, but not limited to age, sex, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or] a sensory, mental, or physical disability.” Mackey v. Home Depot USA, Inc., 12 Wn.App.2d 557, 570 (Div. 2 2020), review denied, 468 P.3d 616 (2020) (citing RCW 49.60.180(2)).

“Violation of this provision supports a discriminatory discharge claim.” Id. (referencing Mikkelsen v. Pub. Util. Dist. No. 1 of Kittitas County, 189 Wn.2d 516, 526, 404 P.3d 464 (2017)) (internal quotation marks omitted) (hyperlink added).

THE PRIMA FACIE CASE (WA STATE)

“To make a prima facie case of discriminatory discharge, an employee must show that he or she was[:]

(1) within a statutorily protected class,

(2) discharged by the defendant, and

(3) doing satisfactory work.

Id. at 572-73 (citing Mikkelsen, 189 Wn.2d at 527) (emphasis, paragraph formatting, and hyperlinks added).

WA State Torts: Public Disclosure of Private Facts

Under Washington State laws, what is the tort of “public disclosure of private facts“? 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. This article may be a repost from one of our retired blogs. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.)

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COMMON LAW RIGHT TO PRIVACY

“Washington recognizes a common law right to privacy.” White v. Township of Winthrop, 128 Wn.App. 588, 593-94, 116 P.3d 1034, (Div. 3 2005) (citing Reid v. Pierce County, 136 Wash.2d 195, 207, 961 P.2d 333 (1998)). A violation of this right is considered a tort. A tort is a civil wrong, other than breach of contract, for which remedies may be obtained.

PUBLIC DISCLOSURE OF PRIVATE FACTS

“Public disclosure of private facts” is a privacy tort in Washington State. Washington courts “base actions for … [commission of this tort] as articulated in RESTATEMENT (SECOND) OF TORTS § 652D (1977):

One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that

(a) would be highly offensive to a reasonable person, and

(b) is not of legitimate concern to the public.

White, 128 Wn.App at 593-94 (citing Reid, 136 Wash.2d at 205, 961 P.2d 333)) (internal citations and quotation marks omitted).

EXAMPLE

“As concerns the general nature of matters protected by the right of privacy:

Every individual has some phases of his life and his activities and some facts about himself that he does not expose to the public eye, but keeps entirely to himself or at most reveals only to his family or to close personal friends.

Sexual relations, for example, are normally entirely private matters, as are family quarrels, many unpleasant or disgraceful or humiliating illnesses, most intimate personal letters, most details of a man’s life in his home, and some of his past history that he would rather forget.

When these intimate details of his life are spread [b]efore the public gaze in a manner highly offensive to the ordinary reasonable man, there is an actionable invasion of his privacy, unless the matter is one of legitimate public interest.

White, 128 Wn.App. at 594 (citing Cowles Publ’g Co. v. State Patrol, 109 Wash.2d 712, 721, 748 P.2d 597 (1988)) (internal citations omitted) (paragraph formatting added).

WLAD: PLACES OF PUBLIC ACCOMMODATION

FREEDOM FROM DISCRIMINATION–DECLARATION OF CIVIL RIGHTS (RCW 49.60.030(1)(B))

MEANING OF “FULL ENJOYMENT”

THE PRIMA FACIE CASE (FELL STANDARD (RCW 49.60.215))

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THE CANON OF PRESUMED AWARENESS

RELATED ARTICLE

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INDEPENDENT CONTRACTORS: GENDER

THE PRIMA FACIE CASE

TREATED DIFFERENTLY FROM SIMILARLY SITUATED MEMBERS OF THE OPPOSITE SEX BECAUSE OF GENDER

SUMMARY JUDGMENT: EVIDENCE

CIRCUMSTANTIAL, INDIRECT, & INFERENTIAL EVIDENCE

SUMMARY JUDGMENT IMPROPER

TOTALITY OF THE EVIDENCE

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ELEMENTS OF NEGLIGENT MISREPRESENTATION

JUSTIFIABLE RELIANCE: AN ISSUE OF FACT

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DISPARATE TREATMENT

THE PRIMA FACE CASE: 2 METHODS

THE DIRECT EVIDENCE METHOD

CONSIDERATIONS

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UNLAWFUL RETALIATION

THE PRIMA FACIE CASE

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HOSTILE WORK ENVIRONMENT (WA STATE)

THE PRIMA FACIE CASE (WA STATE)

-ELEMENT (1): Harassment was unwelcome

-ELEMENT (2): The harassment was because of membership in a protected class

-ELEMENT (3): The harassment affected the terms or conditions of employment

-ELEMENT (4): The harassment is imputable to the employer

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FAILURE TO PROVIDE REASONABLE ACCOMMODATIONS (WA STATE)

THE PRIMA FACIE CASE (WA STATE)

TAKE OUR REASONABLE ACCOMMODATIONS TEST (VIDEO):

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DISCRIMINATORY DISCHARGE (WA STATE)

THE PRIMA FACIE CASE (WA STATE)

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COMMON LAW RIGHT TO PRIVACY

PUBLIC DISCLOSURE OF PRIVATE FACTS

EXAMPLE

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