The plaintiff in this case began working for King County Corrections in 1983. ?From 1985-1996, she was? repeatedly? subjected? to? sexual? harassment. She? suffered? additional? sexual? harassment beginning in 1997.?? In 2000, she filed a lawsuit. The County moved to dismiss all allegations prior to three years before filing. ?The trial court agreed, but division one reversed, and adopted the U.S. Supreme Court?s analysis in Nat?l RR Passenger Corp. v. Morgan, 536 U.S. 101, 122 S. Ct. 2061, 153? L.? Ed.2d? 106? (2002),? which? treated? hostile work? environment? as? one? continuing? violation. The Washington Supreme Court accepted review, affirmed, ?and ?adopted? Morgan? into ?Washington law for employment cases. ?As a result, except in pattern and practice cases, a disparate treatment claim under the WLAD cannot be based on acts occurring more than three years before filing.?? In hostile work environment cases, as long as one act contributing to the environment occurred within three years of filing, the entire course of conduct will be actionable, regardless of whether the plaintiff knew of her injuries earlier. Writing for a unanimous ?court, ?Justice ?Madsen? ruled ?that ?the one-year gap in harassment did not necessarily mean there was not a single unlawful employment practice.?? Antonius v. King County, No. 74759-8 (12/23/04).
Washington Adopts U.S. Supreme Court?s Decision in Morgan for Continuing Violations
Dec 23, 2004