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Martini v. Boeing Co.2/11/1999
Oral Argument Date: 11/17/1998
Source of Appeal: Appeal from Superior Court,
Judges: Authored by Richard B. Sanders Concurring: Barbara Durham James M. Dolliver Charles Z. Smith Richard P. Guy Charles W. Johnson Barbara A. Madsen Gerry L. Alexander Philip A. Talmadge
En Banc
Boeing seeks reversal of an award of lost wages following a jury finding that it had discriminated against an employee and argues that under Washington's law against discrimination a plaintiff cannot be awarded damages for front and back pay absent constructive discharge established as a separate cause of action. The issue before us is therefore whether a plaintiff with a successful discrimination claim under RCW 49.60.180(3) may recover front and back pay as part of his damages, if he establishes the same was proximately caused by an unlawful discrimination. We find Washington law clearly permits such a recovery and affirm the Court of Appeals.
I.
FACTS
Boeing hired Luc Martini in July 1978. He worked primarily in the AWA training organization, training Boeing customers (such as the U.S. and foreign governments) to work with the AWACS military aircraft. In January 1988 Martini was diagnosed as suffering from sleep apnea, following an incident when he fell asleep at the wheel of his car and drove off the road. If untreated, sleep apnea makes it difficult to breathe during sleep and results in deprivation of restful sleep and fatigue. Martini was prescribed a continuous positive air pressure (CPAP) machine which is worn during sleep to prevent the breathing cessation characteristic of sleep apnea. In 1989, after falling asleep and driving his car off the road for a second time, Martini asked his supervisor at Boeing for accommodations to help him manage his sleep apnea, including relocation and a flexible starting time.
In June 1990 Martini was scheduled to conduct AWACS training for the Royal Air Force in England. He became concerned about the trip to England because he feared the long travel time, which was to begin in the evening and extend well into the next day, would exacerbate his sleep apnea, causing increased health problems. Martini therefore requested vacation in lieu of the trip; however, on the understanding that Boeing would transfer him to a new position and accommodate his health concerns upon his return, he agreed to go to England to conduct the scheduled training.
Upon his return from England, Martini asked about being transferred to a new position and was told the personnel office was too busy to deal with his request. On the same day Martini was asked to prepare for a trip to France to conduct AWACS training courses scheduled to begin a few months later. Martini subsequently submitted a letter stating his intent to use his remaining leave and to terminate his employment with Boeing on August 20, 1990. On August 21, 1990, he signed papers terminating his employment. After leaving Boeing, Martini tried to find work, but was unsuccessful. Martini commenced the present action against Boeing, claiming damages for disability discrimination and constructive discharge contrary to RCW 49.60 and seeking reinstatement. The trial court granted partial summary Judgement in favor of Boeing, dismissing Martini's separate constructive discharge cause of action. The case then proceeded to jury trial on his disability discrimination claim.
The trial court rejected jury instructions proposed by Boeing which would have prevented Martini from recovering back pay (lost wages calculated from the date the employee stopped work until the date of the verdict) or front pay (calculated from the date of the ver
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