Cornwell v. Microsoft Corp. (Majority and Dissent)Annotate this Case
A trial court granted summary judgment in favor of Microsoft Corporation after Dawn Cornwell, a former employee, alleged the company retaliated against her. While working for Microsoft, Cornwell believed that her then-supervisor was discriminating against her on the basis of sex, engaging in romantic favoritism, and taking retaliatory action against her. She hired an attorney and settled the case with Microsoft.The settlement was confidential, and Cornwell was no longer required to work under her then-manager, Todd Parsons. Seven years later, Cornwell's new manager, Mary Anne Blake, asked Cornwell to mentor under another Microsoft employee. After learning that the employee reported to Parsons, Cornwell told Blake that she could not mentor under the employee. Blake asked Cornwell why, and Cornwell responded that it was because she had filed a "lawsuit" against Microsoft and could not report to Parsons. Cornwell also told Blake that the suit involved a review score issue and was confidential. Blake sought more information about the lawsuit from human resources and her direct supervisor, Nicole McKinley. Human resources did not have any information on file about the lawsuit and promised to follow up on the issue. Shortly after Cornwell told her about the suit, Blake conducted a mandatory performance review of Cornwell. Though Cornwell previously received high scores in her reviews, at this particular review, she received the lowest possible score. Human resources told Blake to not inform Cornwell of her review score "unless she asked about it." Cornwell would be laid off as part of a larger reduction in force. Cornwell did not learn about her low score until several years later when she was told that she could not be rehired at Microsoft because her final performance rating was so poor. Based on these events, Cornwell filed suit against Microsoft, alleging retaliation in violation of the Washington Law Against Discrimination. The Washington Supreme Court found Cornwell presented sufficient evidence to survive summary judgment on the issues of knowledge and causation, reversed the Court of Appeals and remanded the case to the trial court for further proceedings.