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).
READ MORE ABOUT THIS TOPIC
We invite you to read our article about the prima facie case and how it fits within the larger McDonnel Douglas Burden-Shifting Framework. The links in this paragraph will take the reader to our Williams Law Group Blog.
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