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).
READ MORE
We invite you to read more of our blog articles concerning this topic:
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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