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Winterbauer & Diamond PLLC

Author Archives: Nate Bailey

Washington Supreme Court adopts “knew or suspected” standard for WLAD retaliation claims

The Washington Law Against Discrimination (WLAD) prohibits employers from retaliating against employees who have engaged in activity protected under the statute. The Washington Supreme Court recently reviewed how to determine whether an employee’s manager had sufficient knowledge that the employee engaged in protected activity to establish a potential causal link between that activity and the… Read More »

Washington Supreme Court Finds Employee Failed to Assert Valid Claim for Wrongful Discharge in Violation of Public Policy

Last month, in Martin v. Gonzaga University, 425 P.3d 827 (September 13, 2018), the Washington Supreme Court shed further light on the proper scope of claims for wrongful discharge in violation of public policy and how such claims should be analyzed. David Martin was an assistant director at Gonzaga University’s student fitness center. Martin sued… Read More »

Seattle’s Revised Paid Sick and Safe Time Rules

In January 2018, Seattle’s amended Paid Sick and Safe Time (PSST) ordinance took effect, and in June 2018, the Seattle Office of Labor Standards (OLS) announced its final revised administrative rules interpreting the amended ordinance. Both the ordinance and the administrative rules were amended to comply with Initiative 1433, which provides paid sick leave on a… Read More »

New Washington Law Restricts Employer Access to Health Care Information in Litigation

One sometimes contentious issue that can arise in employment discrimination cases is the extent to which the employer can have access to a plaintiff’s health care information. From the employer’s point of view such evidence can be directly relevant to a plaintiff’s effort to obtain noneconomic damages for alleged emotional distress and could reveal information… Read More »



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