The plaintiff in this case was an unpaid extern working in the defendant?s office to complete her dental assistant degree.?? The employer did not have eight employees and was not covered by the WLAD.?? The dentist started sexually harassing her. ?His conduct got worse and worse over the next several months and the plaintiff finally quit. The dentist then back-dated several letters of reprimand and placed it in her file. ?The plaintiff sued for sexual harassment. ?After a bench trial, the judge found for the plaintiff and awarded her?$20,000. ?The employer appealed arguing there is no? common? cause? of? action? for? sexual harassment.???? Division ?II ?held ?that ?where ?a plaintiff is constructively discharged because of sexual harassment on the job, she can recover on the theory of wrongful termination in violation of public ?policy.???? Wahl ?v. ?Dash ?Point ?Family Dental ?Clinic ?Inc. ?181 ?P.3d ?864???? (4/15/08; Quinn-Brintnall; Armstrong; Hunt).
Plaintiff Who Quits As A Result of Ongoing Sexual Harassment Can Recover Against Employer Not Covered By WLAD on the Theory of Wrongful Constructive Discharge in Violation of Public Policy.
Apr 15, 2008