High Court Eases Gender-Bias Proof

Washington workers out to prove they suffered job discrimination because of their sex will find the task easier.

Overturning previous case law, the state Supreme Court on Thursday eased the standard for proving gender-based bias in the workplace.

The court, voting 6-1, said a lower court erred when it instructed the jury hearing a wrongful-dismissal lawsuit that the female plaintiff could prevail only if her gender was a “determining factor,” rather than a “substantial factor,” in her firing.

The high court, siding with Gail L. Mackay against Acorn Custom Cabinetry of Newcastle, King County, said the jury had to find only that Mackay’s gender was a “substantial factor” in her dismissal.