Harassment Constituted Disability Discrimination, Retaliation For Workers' Comp Claim, Negligent And Intentional Infliction Of Emotional Distress

The suit arises out of Linda Robel's employment from May 31, 1995, to September 12, 1996, in the service deli at the Francis Avenue Fred Meyer store in Spokane. On July 14, 1996, Robel sustained a workplace injury and filed a workers' compensation claim. In late July, Robel was given a light-duty assignment, a four-hour shift during which she stood at a display table outside the deli area offering samples of food items to customers. On August 1, 1996, as Robel worked at the display table, two deli workers laughed and acted out a "slip and fall," as one of them yelled, "Oh, I hurt my back!" They called Robel a 'bitch' and told customers she had lied about her back and was being punished by Fred Meyer by "demoing pizzas." In journal entries for August 2, 3, 10, and 11, Robel wrote that assistant deli manager Amy Smith and others made fun of her, laughed, pointed, and gave her "dirty looks." Robel also noted that on August 13, Smith and other deli workers would "stare at [her], whisper out loud, & laugh, pretend to hurt their backs & laugh."

On September 13, 1996, Robel secured a two-week work release from her doctor and gave it to Smith that same day. Before Robel left the deli, she overheard Smith comment to other deli employees, "Can you believe it, Linda's gonna sit on her big ass and get paid." Robel never returned to work at Fred Meyer.

Robel filed suit against Fred Meyer, stating state law claims for disability discrimination, retaliation for filing a workers' compensation claim, negligent and intentional infliction of emotional distress, and defamation. After a nonjury trial, the court found for Robel on all five causes of action. The Washington Court of Appeals reversed the trial court's judgment on all claims. The Supreme Court of Washington reinstated the trial court's judgments on all but the defamation claim.

Robel v. Roundup Corp

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