Michael Lusk v. Senior Services

MEMORANDUM

Michael Lusk appeals from the district court’s order granting summary judgment in favor of Senior Services on Lusk’s claims for wrongful termination in violation of public policy under Washington law, and gender, race, and color discrimination and retaliation in violation of the Washington Law Against Discrimination (WLAD) and Title VII of the Civil Rights Act of 1964. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court’s judgment.

1. Lusk argues that Senior’s decision to eliminate his position and not rehire him in January 2011 amounted to wrongful termination in violation of public policy. But it is clear that Lusk was terminated in November 2010 and his claim is based on a failure to rehire, which cannot form the basis of a common-law wrongful termination claim in Washington. See Warnek v. ABB Combustion Eng’g Servs., Inc., 137 Wash.2d 450 , 972 P.2d 453, 458 (1999). This claim was correctly dismissed.

2. Under both Title VII and WLAD, the plaintiff bears the burden of establishing a prima facie case of discrimination. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973); Domingo v. Boeing Emps.’…