Mackay v. Acorn Custom Cabinetry, 127 Wash. 2d 302 (1995)

In the case Mackay v. Acorn Custom Cabinetry a former employee challenged the jury instruction provided by the King County Superior Court of Washington.The jury was instructed to find in the plaintiff’s favor in an employment discrimination case brought under RCW § 49.60.180(2), only if it concluded, that gender was the determining factor in the decision by the former employer to discharge plaintiff. RCW 49.60.180(2) provides that “[i]t is an unfair practice for any employer . . . (2) [t]o discharge or bar any person from employment because of age, sex, marital status, race, creed, color, national origin, or the presence of any sensory, mental, or physical disability or the use of a trained guide dog or service dog by a disabled person.” It was determined that the lower court failed to read the “because of” language of the statute as requiring proof that one of the attributes enumerated in the statute was a “determining factor” in the employer’s adverse employment decision. The Supreme Court reversed the lower court’s decision, holding that in order to prevail on a discrimination claim brought pursuant to the unfair employment practices statute, the plaintiff only needed to prove that her gender was a “substantial factor” in the employer's decision to terminate her employment.

Topics

• Employment discrimination
• Gender discrimination

Geographical location

• North America
• United States
• Washington

Keywords

• gender discrimination
• employment discrimination
• unfair labor practice
• adverse employment action

Year

• 1995

External URL

• Mackay v. Acorn Custom Cabinetry, 127 Wash. 2d 302 (1995)

Court

• Washington Supreme Court

Type

• Domestic Case Law

Jurisdiction

• Washington