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Tuesday, June 8, 2021

WLAD Cases: Standard of Review

by Gregory Williams, Esq. | Under Washington State laws, what is the typical standard of review for Washington Law Against Discrimination cases? Here's my point of view (NOTE: please read our DISCLAIMER before proceeding).

DE NOVO REVIEW

"[The Court] … review[s] a trial court's grant of summary judgment de novo." Cornwell v. Microsoft Corporation, 430 P.3d 229, 233 (Wash. 2018) (citing Scrivener v. Clark Coll., 181 Wn.2d 439, 444, 334 P.3d 541 (2014)).

NO GENUINE ISSUE AS TO ANY MATERIAL FACT

"Summary judgment is appropriate only when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law." Id. (internal quotation marks omitted).

LIGHT MOST FAVORABLE TO NONMOVING PARTY

"[The Court] must also consider all facts and make all reasonable factual inferences in the light most favorable to the nonmoving party." Id. at 234 (citing Scrivener, 181 Wn.2d at 444, 334 P.3d 541) (internal quotation marks omitted).

SUMMARY JUDGMENT FOR EMPLOYER IS SELDOM APPROPRIATE

"[B]ecause of the difficulty of proving a discriminatory motivation … [s]ummary judgment for an employer is seldom appropriate in the employment discrimination context[.]" Id. at 233-34 (internal citations and quotation marks omitted) (alteration in original).

LEARN MORE

If you would like to learn more, then consider contacting an experienced Washington State Employment Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with either this author or Williams Law Group, PS; please see our DISCLAIMER.

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