McGwier

MEMORANDUM **

Robert A. McGwier filed the underlying action alleging that Motion Industries had discriminated against him because of his depression in violation of Washington law. Motion Industries motioned for summary judgment. The district court granted this motion. McGwier appealed. Because the parties are familiar with the facts of the case, we do not recite them here. We have jurisdiction to hear this appeal pursuant to 28 U.S.C. § 1291 . We affirm.

In Washington, a three-year statute of limitations applies to discrimination claims such as that brought by McGwier unless the alleged discrimination was part of a continuing violation. Washington v. Boeing Co., 105 Wash.App. 1 , 19 P.3d 1041, 1045 (Wash.Ct.App.2000). In determining when a cause of action accrues or if discrimination is part of a continuing violation, courts consider “whether the untimely act has the degree of permanence that should have triggered the employee’s awareness of discrimination and duty to assert his or her rights.” Id. at 1046 ; see also Hinman v. Yakima Sch. Dist. No. 7, 69 Wash.App. 445 , 850 P.2d 536, 539 (Wash.Ct.App.1993) (restating the general rule that “a statute of limitation commences to…