Stephanie Gambini v. Total Renal Care, Inc., D/B/A Davita, Inc.

Stephanie Gambini (“Gambini”) appeals the district court’s denial of her renewed motion, alternatively seeking judgment as a matter of law and a new trial, following a jury verdict in favor of her former employer Total Renal Care, Inc., d/b/a DaVita, Inc. (“DaVita”). Gambini originally brought suit in Pierce County Superior Court in Tacoma, Washington, charging that DaVita had discriminated against her in violation of the Washington Law Against Discrimination (“Washington Law,” Wash. Rev.Code §§ 49.60.010 to 49.60.401) and the Family Medical Leave Act (“FMLA,” 29 U.S.C. §§ 2601 to 2654). DaVita then timely removed the case to the United States District Court for the Western District of Washington, where DaVita prevailed at trial. We affirm as to Gambini’s FMLA claim, but reverse and remand as to her Washington Law claim.

Background

In November 2000 Gambini began working as a contracts clerk at DaVita, a com pany that provides dialysis to renal patients. It is undisputed that Gambini had a history of health problems that predated her employment at DaVita. After several months at DaVita she began to experience depression and anxiety, and in April 2001 she experienced an emotional…