Daniels

MEMORANDUM *

Joseph Daniels appeals the district court’s order granting America West Airlines summary judgment on his claims of hostile work environment, disparate treatment, retaliation, and negligent supervision. We affirm.

With respect to Daniels’ hostile work environment claim, under either the continuing violation test applied by the district court or the test adopted by the Washington Supreme Court subsequent to the district court’s ruling, Daniels must submit evidence that at least one component act occurred within the three-year statute of limitations mandated by Washington law. Compare Milligan v. Thompson, 90 Wash. App. 586 , 953 P.2d 112, 116 (1998), to Antonius v. King County, 153 Wash.2d 256 , 103 P.3d 729, 737-38 (2004). Because Daniels did not submit evidence of a timely component act, his hostile work environment claim fails as a matter of law under both tests.

Daniels also failed to raise a triable factual issue in his disparate treatment claim. Daniels did not make a prima facie showing of disparate treatment with respect to either his suspension or his termination. See Johnson v. Dep’t of Soc. & Health Sews., 80 Wash.App. 212 , 907 P.2d 1223, 1231-32 (1996)…