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RIEHL v. FOODMAKER, INC.

No. 73902-1.

94 P.3d 930 (2004)

152 Wash.2d 138

Mark RIEHL, Petitioner, v. FOODMAKER, INC., Respondent.

Supreme Court of Washington, En Banc.

Decided July 22, 2004.

Attorney(s) appearing for the Case

Judith A. Lonnquist, Richard D. Reed, Law Offices of Judith A. Lonnquist, P.S., Seattle, for Petitioner.

Leigh Ann Collings Tift, Katherine Cooper Franklin, Littler Mendelson, Seattle, Blake Leigh Barnes, T-Mobile Legal Dept., Bellevue, for Respondent.

Kristopher Ian Tefft, Association of Washington Business, Olympia, for Amicus Curiae Association of Washington Business and Washington Restaurant Business.

Jayne Lyn Freeman, Seattle, for Amicus Curiae Washington Defense Trial Lawyers

Jeffrey Lowell Needle, Michael Craig Subit, Frank Freed Subit & Thomas LLP, Seattle, for Amicus Curiae Washington Employment Lawyers Association.

Bryan Patrick Harnetiaux, Debra Leigh Williams Stephens, Spokane, Virginia L. DeCosta, DeCosta Law Firm, Tacoma, for Amicus Curiae Washington State Trial Lawyers Association Foundation.

OWENS, J.

Mark Riehl worked for Foodmaker, Inc. (JIB) for seven years until he was fired in April 1999. Subsequently, JIB refused to rehire Riehl. Riehl, who suffers from depression and posttraumatic stress disorder (PTSD), sued JIB based on lack of accommodation during his employment and disparate treatment during the firing and rehiring process. The trial court granted summary judgment in favor of JIB on both issues. The

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