In Davis v. Fred's Applicance, Inc., a store manager referred to plaintiff as "gay." Plaintiff was heterosexual. When plaintiff complained, the company ordered the manager to apologize. The apology did not go well, and plaintiff was ultimately discharged after an outburst of anger. Plaintiff sued alleging that the company discriminated and retaliated against him based on the perception that he was homosexual. Rejecting the claim, a Washington court of appeals held that, while Washington state law prohibits discrimination because of sexual orientation, the statute does not protect an employee based on the perception of homosexuality.
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No protection from mistaken perception of homosexuality under Washington state law
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