IBM

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 1 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SCOTT KINGSTON, No. 21-35548

Plaintiff-Appellee, D.C. No. 2:19-cv-01488-MJP

v.

MEMORANDUM*

INTERNATIONAL BUSINESS

MACHINES CORPORATION, a New York corporation,

Defendant-Appellant.

Appeal from the United States District Court for the Western District of Washington Marsha J. Pechman, District Judge, Presiding

Argued and Submitted June 8, 2022 Seattle, Washington

Before: GILMAN,** IKUTA, and MILLER, Circuit Judges. Dissent by Judge IKUTA.

Scott Kingston sued International Business Machines Corporation (IBM) for

wrongful termination and retaliation in violation of Washington public policy and

the Washington Law Against Discrimination, alleging that he was fired for

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Ronald Lee Gilman, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. opposing what he…