Blomster v. Nordstrom, Inc.

Washington’s Family Leave Act, chapter 49.78 RCW , does not permit a private right of action by an employee for an alleged breach of its provisions. Nevertheless, an employee can make a prima facie case for constructive discharge where the employer’s policy, consistent with the Family Leave Act, guarantees the right of the employee to return to the same or equivalent position after taking family leave, and the disputed facts could support an inference that the employer failed to honor that promise. The employee’s claim for constructive discharge should not have been dismissed on summary…