FILED DECEMBER 7, 2021 In the Office of the Clerk of Court WA State Court of Appeals Division III IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE LISA NOLAN, ) ) No. 37904-3-III Appellant, ) ) v. ) ) UNPUBLISHED OPINION TEKOA OPERATIONS, LLC, dba TEKOA ) CARE CENTER, a Washington State Limited ) Liability Corporation, ) ) Respondent. ) FEARING, J. — The trial court granted employer Tekoa Care Center summary judgment dismissal of employee Lisa Nolan’s claims of disability discrimination, wrongful discharge for reporting violation of disability discrimination laws, and wrongful discharge for reporting unlawful conduct of the employer. Because of genuine disputes of material fact, we reverse the order of dismissal. FACTS Tekoa Operations, LLC, dba Tekoa Care Center (TCC) operates a nursing home. Lisa Nolan periodically worked for TCC as a licensed practical nurse (LPN). Her duties included supervising certified nursing assistants (CNAs). TCC last rehired Nolan in March 2017. No. 37904-3-III Nolan v. Tekoa Operations, LLC Lisa Nolan suffers from asthma, high blood pressure, and chronic obstructive pulmonary disease (COPD). COPD is an inflammatory lung disease that causes difficult breathing. Nolan used an inhaler while working. Nolan also endures posttraumatic stress disorder (PTSD), as a result of being locked in a garage and beaten for eight hours and also being held hostage with her children in a bedroom for three days. TCC staff, including Nolan’s supervisors, knew of her medical conditions. TCC, through Director of Nursing Services (DNS) Tiffany Beutler and her predecessor, granted workplace accommodations for Lisa Nolan’s health conditions. Nolan admits that TCC permitted her to exercise short breaks as needed to catch her breath. Nevertheless, according to CNA Mkenna Willey, Nolan generally took no more breaks than other workers. According to charge nurse LPN Mary Ward, Nolan worked diligently and competently. CNA Mkenna Willey described Nolan as an “excellent nurse,” who “worked above and beyond for the nursing home.” Clerk’s Papers (CP) at 93. TCC trained Lisa Nolan to maintain records of hours worked by nurses. Nolan’s responsibilities included ensuring that CNAs she supervised received two fifteen-minute breaks and a thirty-minute lunch break during a shift. TCC’s policies required that, when an employee failed to utilize a scheduled break, the supervisor write on the time record that the employee worked during the break. TCC paid its staff for missed meal periods. 2 No. 37904-3-III Nolan v. Tekoa Operations, LLC TCC staff encountered difficulty exercising breaks due to the continuous demands of their jobs. When staff lacked time for breaks, including lunch breaks, Lisa Nolan informed management of noncompliance with the law. TCC charge nurse Mary Ward confirmed that TCC staff often missed breaks due to work demands and that Nolan complained at staff meetings about the lack of rest periods. In October 2017, Lisa Nolan experienced an unidentified medical event at home. Nolan journeyed to TCC for assistance, where she met with TCC staff, including Tiffany Beutler. After speaking with Nolan’s doctor and care team, Beutler drove Nolan …
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