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CAPERS v. THE BON MARCHE

No. 39717-6-I.

955 P.2d 822 (1998)

Delores CAPERS, Appellant, v. THE BON MARCHE, A DIVISION OF ALLIED STORES, a Delaware corporation; and Keith Cole and Jane Doe Cole and their marital community, Respondent.

Court of Appeals of Washington, Division 1.

May 18, 1998.

Attorney(s) appearing for the Case

Jeannie Gorman, Seattle, John Patrick Sheridan, Bainbridge Is, for Appellant.

James M. Shaker, Ryan, Swanson & Cleveland, Seattle, Diane Saunders, Boston, MA, for Respondent.

WEBSTER, Judge.

Delores Capers sued The Bon Marche for wrongfully terminating her on the basis of race. The court's jury instructions properly stated that Mrs. Capers need only show by a preponderance of the evidence that race was a substantial factor in her termination decision. But the special verdict form did not include the "substantial factor" language; it asked the jury to decide whether The Bon Marche terminated Mrs. Capers "because of" her race. The jury returned...

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