272 P.3d 865
Wash. Ct. App.2012Background
- Rice, a longtime OSI employee, was terminated for allegedly intoxicated, disorderly conduct during a vessel fire at OSI's port.
- Rice claims the termination was age-based discrimination; OSI contends the discharge was for misconduct.
- Rice had prior age-related comments by supervisor Davis and was replaced by younger Reed after termination.
- Fire-scene incident included Rice's alleged intoxication, interference with responders, and requests to tow vessels; Rice denies misconduct.
- OSI relied on multiple reasons in its termination letter, some inconsistent with prior statements and records.
- The trial court granted summary judgment for OSI; Rice appeals challenging pretext evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rice presented material pretext facts against OSI’s nondiscriminatory rationale | Rice shows discriminatory pretext via Davis’s age comments and inconsistent reasons | OSI's reason (misconduct at fire) is legitimate and untainted | Yes; genuine issue of material fact on pretext remains |
| Whether evidence supports an inference that age was substantial factor | Pretext evidence and age bias show discriminatory motive | Proffered reason linked to conduct, not age | Yes; summary judgment reversed on pretext grounds |
Key Cases Cited
- Grimwood v. University of Puget Sound, Inc., 110 Wn.2d 355 (Wash. 1988) (guides burden-shifting in age discrimination)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S. 1973) (establishes prima facie case framework)
- Burdine v. Texas Dep't of Cmty. Affairs, 450 U.S. 248 (U.S. 1981) (pretext framework after legitimate reason shown)
- Sellstedt v. Washington Mutual Sav. Bank, 69 Wn. App. 852 (Wash. App. 1993) (evidence of pretext may suffice without a smoking gun)
- Renz v. Spokane Eye Clinic, PS, 114 Wn. App. 611 (Wash. App. 2002) (inconsistent reasons support competing inferences)
- Domingo v. Boeing Emps.' Credit Union, 124 Wn. App. 71 (Wash. App. 2004) (pretext evidence beyond mere denial may create issues)
- Hill v. BCTI Income Fund-I, 144 Wn.2d 172 (Wash. 2001) (discusses perception of misconduct in discharge)