30 F. Supp. 3d 1051
W.D. Wash.2014Background
- Conti worked at CSG for six months; hired for Spanish-speaking/Colombian background for a Latin-American Microsoft pilot; he was placed on the MSL team with English-speaking colleagues; Microsoft canceled the Latin-American project and CSG staff were reshuffled in the ‘gap’ period; Conti was transferred to the Outbound team and pay cut from $20 to $14 per hour; he was fired by email around July 7, 2010, with the stated reason of inadequate English skills; he alleged race/national origin and age discrimination and retaliation under Title VII, §1981, and WLAD, resulting in a mixed jury verdict and a December 17, 2013 judgment; the court awards Conti $433,000 in attorney fees, $15,000 costs, and supplementing the record, with joint/separate liability issues involving CSG and Leon addressed later.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| WLAD same-decision defense standard | Conti argues WLAD lacks a same-decision defense or requires no clear standard. | Defendants contend WLAD permits a same-decision defense similar to Title VII/Price Waterhouse. | Davis standard applies; WLAD same-decision defense requires clear and convincing evidence and is not identical to Title VII. |
| Waiver of WLAD same-decision defense instruction | Conti asserts no waiver issue. | Defendants did not request WLAD same-decision instruction. | Defendants waived by failing to request/instruct; court did not give WLAD version. |
| Damages notwithstanding same-decision defense | Damages should reflect discriminatory impact even if same decision would have occurred. | If same decision proven, damages may be limited. | Because Davis defense was not properly invoked, damages stand; WLAD defense would not alter this result. |
| Joint/several liability for WLAD damages | Conti seeks joint/several liability for Leon for all damages. | Leon should only bear his apportioned share. | Leon liable only for 5.2% of damages and corresponding portion of fees; no full joint/several liability for all damages. |
Key Cases Cited
- Price Waterhouse v. Hopkins, 490 U.S. 228 (U.S. 1989) (established mixed-motive framework and same-decision defense in Title VII)
- Costa v. Desert Palace, Inc., 299 F.3d 838 (9th Cir. 2002) (same-decision defense considerations in federal law; preponderance standard discussed)
- Davis v. Dep't of Labor & Indus., 94 Wash.2d 119 (1980) (WLAD same-decision defense requires clear and convincing evidence)
- Allison v. Housing Authority, 118 Wash.2d 79 (1991) (causation framework for WLAD retaliation/discrimination claims; burden considerations)
- Mackay v. Acorn Custom Cabinetry, Inc., 898 P.2d 284 (Wash. 1995) (discusses substantial factor standard and remedies under WLAD)
- Kastanis v. Educ. Employees Credit Union, 859 P.2d 26 (Wash. 1993) (direct vs. circumstantial evidence; burden shifting to show same-decision effect)
- Becker v. Wash. State Univ., 266 P.3d 893 (Wash. Ct. App. 2011) (discussion of WLAD defenses and evidence standards)
- Buckley v. Hosp. Corp., 758 F.2d 1525 (11th Cir. 1985) (cited regarding preponderance standard in same-decision context)