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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