In Washington State, unlawful retaliation is a form of unlawful employment discrimination. Unlawful retaliation claims fail for a variety of reasons — here are my top 3: Continue reading “Top 3 Reasons Unlawful Retaliation Claims Fail”
The Canon of Statutory Parallelism
Under Washington State canons of statutory construction, what is statutory parallelism? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding). Continue reading “The Canon of Statutory Parallelism”
Washington Priority of Action Rule: Same Relief
Under the Washington Priority of Action Rule, how do Washington State courts determine if the relief is the same? Here’s my point of view. Continue reading “Washington Priority of Action Rule: Same Relief”
Affirmative and Negative Defenses
Under federal law, are defendants allowed to plead “negative” defenses in answer to a federal complaint in federal court? Here’s my point of view. Continue reading “Affirmative and Negative Defenses”
Top 3 Reasons Disparate Treatment Claims Fail
Under the Washington Law Against Discrimination (WLAD), disparate treatment (also known as “classic discrimination”) is a form of unlawful employment discrimination. Here are my top 3 reasons disparate-treatment claims fail. Continue reading “Top 3 Reasons Disparate Treatment Claims Fail”
Behind Closed Doors: WLAD & ESD Appeals
Under Washington State law, may an employment discrimination plaintiff use favorable findings from a previous unemployment benefits appeal against the associated defendant employer, when pursuing a claim under Washington Law Against Discrimination (WLAD)? Here’s my point of view. Continue reading “Behind Closed Doors: WLAD & ESD Appeals”
Property Interests in Continued Employment: WA State
In Washington State, do Washington State civil service employees–dischargeable only for cause–have property interests in continued employment? Here’s my point of view. Continue reading “Property Interests in Continued Employment: WA State”
WLAD Civil Suits & Administrative Actions
Under the Washington Law Against Discrimination (WLAD), may plaintiffs bring private civil suits through administrative actions and associated appeals? Here’s my point of view. Continue reading “WLAD Civil Suits & Administrative Actions”
National Bank Act Preemption & Title VII
Within the 9th Circuit, does the National Bank Act preempt Title VII of the Civil Rights Act of 1964? Here’s my point of view. Continue reading “National Bank Act Preemption & Title VII”
The Absurd-Consequences Rule
Under Washington State canons of statutory construction, what is the Absurd-Consequences Rule? Here’s my point of view. Continue reading “The Absurd-Consequences Rule”