Hansen v. Boeing Co.

903 F. Supp. 2d 1215, 26 Am. Disabilities Cas. (BNA) 1641, 2012 WL 4795640, 2012 U.S. Dist. LEXIS 145475
CourtDistrict Court, W.D. Washington
DecidedOctober 9, 2012
DocketCase No. C12-171RAJ
StatusPublished
Cited by5 cases

This text of 903 F. Supp. 2d 1215 (Hansen v. Boeing Co.) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hansen v. Boeing Co., 903 F. Supp. 2d 1215, 26 Am. Disabilities Cas. (BNA) 1641, 2012 WL 4795640, 2012 U.S. Dist. LEXIS 145475 (W.D. Wash. 2012).

Opinion

ORDER

RICHARD A. JONES, District Judge.

I. INTRODUCTION

This matter comes before the court on Defendant’s motion to dismiss one of Plaintiffs claims. Dkt. # 11. No party requested oral argument, and the court finds oral argument unnecessary. For the reasons stated below, the court DENIES the motion to dismiss.

II. BACKGROUND

For purposes of its motion to dismiss, Defendant The Boeing Company (“Boeing”) concedes every factual allegation in Plaintiff Terrie Hansen’s complaint. Ms. Hansen, a longtime Boeing employee, requested a six-month leave of absence in 2008 to accommodate her back surgery and recovery. Boeing granted the leave. While Ms. Hansen was on leave, however, Boeing downgraded her employee evaluation. Ms. Hansen returned from leave in March 2009, Boeing laid her off fewer than eight weeks later. At least for purposes of this motion, Boeing does not dispute that Ms. Hansen’s back condition was a disability within the meaning of the Washington Law Against Discrimination (RCW Ch. 49.60, ‘WLAD”), or that her request for leave was a request for a reasonable accommodation of her disability.

Ms. Hansen’s suit against Boeing consists of two WLAD claims. She contends that Boeing discriminated against her on the basis of her disability and retaliated against her as well. In this motion to dismiss, Boeing challenges only her retaliation claim.

Invoking Federal Rule of Civil Procedure 12(c), Boeing contends that Ms. Hansen failed to state a retaliation claim as a matter of law. A Rule 12(c) motion is identical to a Rule 12(b)(6) motion to dismiss for failure to state a claim, except [1217]*1217that a defendant files a Rule 12(c) motion after it has answered a plaintiffs complaint. In considering whether a complaint states a claim, the court to assume the truth of the complaint’s factual allegations and credit all reasonable inferences arising from its allegations. Sanders v. Brown, 504 F.3d 903, 910 (9th Cir.2007). The plaintiff must point to factual allegations that “state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 568, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). If the plaintiff succeeds, the complaint avoids dismissal if there is “any set of facts consistent with the allegations in the complaint” that would entitle the plaintiff to relief. Id. at 563, 127 S.Ct. 1955; Ashcroft v. Iqbal, 556 U.S. 662, 679, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (“When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief.”). The court typically cannot consider evidence beyond the four corners of the complaint, although it may rely on a document to which the complaint refers if the document is central to the party’s claims and its authenticity is not in question. Marder v. Lopez, 450 F.3d 445, 448 (9th Cir.2006). The court may also consider evidence subject to judicial notice. United States v. Ritchie, 342 F.3d 903, 908 (9th Cir.2003).

Boeing contends that Ms. Hansen fails to state a claim for retaliation because she cannot satisfy the requirements of the WLAD’s anti-retaliation provision. In relevant part, it provides as follows:

It is an unfair practice for any employer, employment agency, labor union, or other person to discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden by this chapter, or because he or she has filed a charge, testified, or assisted in any proceeding under this chapter.

RCW § 49.60.210. Boeing reasons that there is no allegation that Ms. Hansen “opposed any practices” that the WLAD forbids. Instead, she requested a reasonable accommodation for her disability, received accommodation in the form of a medical leave, and utilized that leave. In Boeing’s view, none of these actions are in opposition to any unlawful practice. Boeing notes that federal antidiscrimination statutes typically have provisions that bar retaliation against employees who exercise their statutory rights. Most notably, the Americans with Disabilities Act (“ADA”) makes it “unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed ... any right granted or protected by this chapter.” 42 U.S.C. § 12203(b). The Family Medical Leave Act similarly makes it “unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this subchapter.” 29 U.S.C. § 2615(a)(1). In Boeing’s view, the lack of a similar prohibition in the WLAD is dispositive.

Boeing does not acknowledge the violence its interpretation would do to the WLAD’s protections against disability discrimination. No one disputes that that the unlawful practices enumerated in the WLAD’s anti-discrimination provision (RCW § 49.60.180) encompass a disabled employee’s right to request a reasonable accommodation and her employer’s obligation to provide that accommodation unless it can prove an undue hardship. See, e.g., Holland v. Boeing Co., 90 Wash.2d 384, 583 P.2d 621, 623-24 (1978) (grounding right to reasonable accommodation in RCW § 49.60.180); Pulcino v. Fed. Express Corp., 141 Wash.2d 629, 9 P.3d 787, 793 (2000) (same); see also Wash. Admin. Code §§ 162-22-025(2), 162-22-075. It would be extraordinary indeed if the Washington legislature intended to man[1218]*1218date reasonable disability accommodations while permitting employers to fire their employees for requesting those accommodations or utilizing them.

Neither Boeing nor Ms. Hansen can point to a court that has either adopted or rejected Boeing’s interpretation of the WLAD. The parties cite no case in which any court has decided whether requesting a reasonable accommodation for a disability or utilizing that accommodation is the sort of “protected activity” for which an employer cannot take retaliatory action. A few federal courts applying the WLAD have acknowledged a claim for retaliation based on an employee’s reasonable accommodation request, but those courts have done so in passing in cases where the employer did not make the argument Boeing has raised here. Daniel v. Boeing Co., 764 F.Supp.2d 1233 (W.D.Wash.2011),

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903 F. Supp. 2d 1215, 26 Am. Disabilities Cas. (BNA) 1641, 2012 WL 4795640, 2012 U.S. Dist. LEXIS 145475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hansen-v-boeing-co-wawd-2012.