Currier v. Northland Services, Inc.
332 P.3d 1006
Wash. Ct. App.2014Background
- Currier, an independent contractor driver for Northland Services, worked for NSI from 2005 until NSI terminated his contract on August 14, 2008.
- On August 12, 2008 Currier reported to NSI quality manager Judith McQuade that driver Billy Howell had shouted a racist remark at a Latino driver; McQuade reported the complaint to dispatchers.
- Two days later NSI dispatchers Sleeth and Franssen terminated Currier’s contract citing customer service, performance, and demeanor problems; they produced no contemporaneous documentation or complaining customers at trial.
- The trial court found Currier engaged in statutorily protected opposition to discriminatory practices under the WLAD, and that retaliation was a substantial motivating factor in NSI’s termination decision.
- The court awarded Currier $301,604 in economic damages, $25,000 noneconomic damages, $265,500 in attorney fees, and costs; NSI’s after-acquired evidence defense failed because NSI did not inspect trucks routinely or show it would have terminated earlier.
- The Court of Appeals affirmed liability, damages, and fee awards, and granted Currier appellate fees and costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether WLAD protections extend to an independent contractor | Currier: WLAD’s broad civil-rights protection (RCW 49.60.030/.210) covers "any person," including independent contractors | NSI: WLAD applies to employees only; administrative WAC excludes independent contractors from certain protections | Held: WLAD protects independent contractors for claims under RCW 49.60.030 and .210; Marquis supports private suits by contractors |
| Whether reporting a coworker’s racial remark is "statutorily protected activity" | Currier: He reasonably believed Howell’s on-the-job racist remark opposed a discriminatory employment practice and reported it to NSI | NSI: The racist comment was made by another contractor (not NSI); opposition must target employer’s unlawful practice | Held: Protected activity need only be a reasonable belief of opposing discrimination; Currier’s report was protected |
| Causation: whether Currier proved retaliation was a substantial factor | Currier: Temporal proximity, lack of documentation for performance problems, and inconsistencies in NSI witnesses show retaliation tipped the scales | NSI: Termination resulted from poor performance, customer complaints, safety/compliance issues | Held: Trial court permissibly discredited NSI’s nondiscriminatory explanations; substantial evidence supports that retaliation was a substantial motivating factor |
| After-acquired evidence defense and damages mitigation | NSI: Photos of Currier’s truck (bald tires, expired tags) show misconduct discovered after discharge that would have led to lawful termination, limiting damages | Currier: NSI had no routine inspections, no policy of terminating for such infractions, and offered no proof of prior terminations for similar conduct | Held: NSI failed to prove it would have discovered and fired Currier earlier; damages award affirmed |
Key Cases Cited
- Marquis v. City of Spokane, 922 P.2d 43 (1996) (an independent contractor may sue under RCW 49.60.030 for discrimination in contract performance)
- Wilmot v. Kaiser Aluminum & Chem. Corp., 821 P.2d 18 (1991) (reasonable belief standard for protected opposition under WLAD)
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (2000) (an employer’s implausible explanation may be probative of pretext)
- McKennon v. Nashville Banner Publ’g Co., 513 U.S. 352 (1995) (after-acquired evidence limits back pay to date employer discovered lawful basis for discharge)
- Blaney v. Int’l Ass’n of Machinists & Aerospace Workers, 87 P.3d 757 (2004) (discussion of damages remedies and WLAD remedial nature)