1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Washington. 3. Defendant Corporation of the Catholic Archbishop of Seattle, d.b.a. The Archdiocese 1.

COMES NOW the Plaintiff, Mark R. Zmuda, by and through his attorneys, Richard H. Friedman and Friedman | Rubin, and alleges for his complaint against the Defendants as follows: I. JURISDICTION AND VENUE v. CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE d.b.a. THE ARCHDIOCESE OF SEATTLE, and EASTSIDE CATHOLIC SCHOOL, Defendants. IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY MARK R. ZMUDA, Plaintiff, PLAINTIFFS COMPLAINT FOR DAMAGES No.

All acts hereinafter alleged occurred within King County, Washington. This Court has

jurisdiction over the matter. II. PARTIES

Plaintiff Mark R. Zmuda was at all relevant times a resident of King County,

of Seattle (the Archdiocese), was at all relevant times incorporated under the laws of the State of Washington, and is and was doing business in Seattle, King County, Washington.
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4.

Defendant Eastside Catholic School (ECS or the School) was at all relevant times

incorporated under the laws of the State of Washington, and was and is doing business in Sammamish, King County, Washington. III. 5. FACTS RELEVANT TO ALL CLAIMS

In May 2012, Eastside Catholic School hired Mark Zmuda to be the Schools vice

principal. Mr. Zmuda began work as vice principal at ECS on or about July 25, 2012. Mr. Zmuda also became the coach of ECSs swimming team. 6. Mr. Zmuda is a gay man. At the time ECS hired Mr. Zmuda, he lived with his

registered domestic partner in Florida. Mr. Zmuda and his partner moved to Washington to allow Mr. Zmuda to work at ECS as vice principal. 7. On November 6, 2012, Washington voters passed Referendum 74, approving of

Engrossed Substitute Senate Bill 6239. This Bill granted same sex couples the right to marry in the State of Washington. 8. at ECS. 9. In January, 2013, School President Sister Mary E. Tracy, SNJM (hereinafter School Mr. Zmuda neither concealed nor volunteered the fact that he was gay while on the job

President), CFO Kris Galvin, and School Principal Polly Skinner (collectively referred to as School Administrators), called Mr. Zmuda into a meeting and asked him directly if he was gay. Mr. Zmuda told them that he was gay, and that he was in a committed relationship with his domestic partner. 10. The School President told Mr. Zmuda that he was not to bring his partner to any ECS

functions. Mr. Zmuda had not ever brought his partner to any ECS functions before the meeting. Mr. Zmuda did not bring his partner to any ECS functions after the meeting either. 11. 12. ECS knew that Mr. Zmuda was gay from the time of this meeting forward. Pursuant to his legal rights as a resident of the State of Washington, Mr. Zmuda

married his domestic partner on July 6, 2013. 13. job at ECS. Mr. Zmuda neither concealed nor volunteered the fact that he was married while on the

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14.

Mr. Zmuda performed his duties as vice principal of ECS to the satisfaction and praise

of the School, earning a salary increase on September 25, 2013. 15. In fact, the School President wrote to Mr. Zmuda at the time of his salary increase

stating he was a wonderful leader and member of our [ECSs] team. She also thanked Mr. Zmuda for his work ethic, commitment to the Schools mission, and sense of team. 16. As vice principal for ECS, Mr. Zmudas job duties were purely administrative and

unrelated to any religious practice or activity. Mr. Zmudas job duties at ECS were no different than the job duties of a vice principal at a public school or non-religious private school. 17. Sometime after the School Presidents September 25, 2013 letter to Mr. Zmuda, she

and others at the School suspected that Mr. Zmuda was legally married to his husband. 18. On November 11, 2013, the School Administrators met with Mr. Zmuda to discuss the

fact of his marriage. 19. At this meeting, Mr. Zmuda acknowledged his marriage. The School Administrators

told Mr. Zmuda at this meeting that his marriage was none of their [ECSs] business, and that Mr. Zmuda had full support from the ECS administration. 20. On November 19, 2013, the School President again met with Mr. Zmuda, this time

asking him to confirm that he was legally married. Mr. Zmuda again stated that he was legally married and was in possession of an official marriage certificate. 21. The School President then informed Mr. Zmuda that his employment at ECS would be

terminated unless he filed for a divorce. 22. The School President also told Mr. Zmuda that if he were to divorce his husband, ECS

would pay the costs of holding a commitment ceremony in place of a wedding. 23. 24. Mr. Zmuda refused to divorce his husband. On December 16, 2013, the School President informed Mr. Zmuda that she had met

with Archbishop J. Peter Sartain (hereinafter the Archbishop) of the Archdiocese of Seattle and others to discuss Mr. Zmudas continued employment at ECS in light of his marriage. 25. The School President informed Mr. Zmuda that he would be terminated because of his

status as a married gay man. She said that the decision came from the Archbishop, and not the School.
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26.

On December 17, 2013, Mr. Zmuda met with the School President, ECS Board of

Trustees Chairman Gene Colin, and Mike Patterson, the attorney for the Archdiocese. 27. Mr. Patterson told Mr. Zmuda that his marriage to a man was against Catholic

teachings and principles. 28. Mr. Patterson told Mr. Zmuda that his employment would terminate on December 20,

29. 30. performance. 31.

Mr. Patterson said the reason for Mr. Zmudas termination was not that he is gay. Mr. Patterson said the reason for Mr. Zmudas termination was not poor job

Mr. Patterson told Mr. Zmuda that the only reason for his termination was that Mr.

Zmuda had married his husband, and was in possession of a state-issued marriage certificate. 32. Prior to Mr. Zmudas termination, ECSs website represented that ECS does not

discriminate based on marital status or sexual orientation: Eastside Catholic School does not discriminate on the basis of an employees or applicants race, religion, creed, color, sex, age, national origin, disability, marital status, sexual orientation or any other status or condition protected by local, state or federal law. Discrimination or harassment on the basis of any status or condition protected by local, state or federal law is strictly prohibited and will not be tolerated at Eastside Catholic School. 33. 34. ECS has since removed this statement from its website. ECS gave Mr. Zmuda an Employee Handbook when he was first hired. ECS then

provided Mr. Zmuda with an updated Employee Handbook on June 6, 2013, one month before he married his husband. 35. ECSs Employee Handbook states that it does not discriminate based on any status

protected by law. On page 9, the handbook states: Eastside Catholic School does not discriminate with regard to an employee or applicant on the basis of any status or condition which is protected by an applicable law.

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36.

In an open communication to the ECS community on December 19, 2013, the School

President stated that Mr. Zmudas employment had been terminated for violat[ing] his employment contract: Dear EC Community, Vice Principal Mark Zmuda's employment with Eastside Catholic has been terminated. His last day will be tomorrow, Friday, December 20. Mark's same-sex marriage over the summer violated his employment contract with the school. As a Catholic school, Eastside Catholic abides by the official teachings of the Catholic Church, and as such, the decision to discontinue his employment was determined by the Catholic Church. We are grateful for Mark's exemplary service to Eastside Catholic and we wish him the very best. Please contact Sr. Mary Tracy at mtracy@eastsidecatholic.org with any questions. (Emphasis added.) 37. Also on December 19, 2013, the School President held a faculty meeting to inform ECS

employees of Mr. Zmudas termination. 38. The School President confirmed at this faculty meeting that Mr. Zmuda was being

terminated; he did not voluntarily resign. 39. The School President confirmed at this meeting that the decision to terminate Mr.

Zmuda was made by the Archdiocese, and that her hands were tied. 40. On Friday, December 20, 2013, ECS terminated Mr. Zmudas employment. COUNT I TORTIOUS INTERFERENCE WITH BUSINESS EXPECTANCY 41. 42. Mr. Zmuda was employed as vice principal and head swimming coach at ECS. Mr. Zmuda performed his job duties to the satisfaction of his superiors, his peers, ECS

students, and the ECS Board of Trustees. 43. The School represented on its website and employee handbook that it would not

discriminate against Mr. Zmuda based on a legally protected status, such as marriage or sexual orientation.
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44.

Based on the above, Mr. Zmuda had a reasonable expectation that this employment

relationship with ECS would continue regardless of whether he married his husband. 45. husband. 46. The Archdiocese is a Catholic institution that is separately incorporated from ECS. The Mr. Zmuda did in fact rely on the Schools statements and actions, and married his

School is not part of the Archdiocese. 47. 48. 49. 50. Neither the Archbishop nor his delegates sponsor, direct, administer, or manage ECS. ECS is not accredited by the Archdiocese. The Archdiocese knew that Mark Zmuda was the vice principal of ECS. When the Archdiocese discovered that Mark Zmuda was married, it took intentional

steps to cause Mr. Zmudas termination at ECS. 51. termination. 52. The Archdioceses conduct constitutes intentional interference with Mr. Zmudas ECS acquiesced to the Archdioceses improper efforts to obtain Mr. Zmudas

business expectancy or economic relations with ECS. 53. The Archdioceses interference was intentionally undertaken for the improper purposes

including, but not limited to, making an example out of Mr. Zmuda, harming Mr. Zmuda, or asserting the Archdioceses power over an independent legal entity. 54. 55. The Archdioceses interference was undertaken by improper means. As a direct result of the Archdioceses conduct, Mr. Zmuda lost his job and has

suffered economic and emotional harm and damages, in an amount to be proven at trial. COUNT II VIOLATION OF WASHINGTONS LAW AGAINST DISCRIMINATION (WLAD) 56. 57. 58. As vice principal for ECS, Mr. Zmudas job duties were purely administrative. Mr. Zmudas job duties were wholly unrelated to any religious practice or activity. Mr. Zmudas job duties at ECS were no different than the job duties of a vice principal

at a public school or non-religious private school.

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59.

ECS is subject to civil liability under RCW 49.60, et. seq., given that Mr. Zmudas job

duties were unrelated to any religious practices or activities. 60. Discrimination in employment on the basis of marital status is prohibited in

Washington under RCW 49.60, et. seq. 61. 62. ECS expressly terminated Mr. Zmuda because he married his husband. By terminating Mr. Zmuda based on his marital status, ECS unlawfully discriminated

against Mr. Zmuda, in direct violation of RCW 49.60 et. seq. 63. ECSs unlawful discrimination directly and proximately caused economic and

emotional harm and damages to Mr. Zmuda, in an amount to be proven at trial. 64. Mr. Zmuda is entitled to recover all economic and general damages proximately caused

by ECSs unlawful discrimination in violation of WLAD, together with actual costs of litigation, including reasonable attorneys fees. COUNT III BREACH OF IMPLIED CONTRACT/ PROMISSORY ESTOPPEL 65. 66. Mr. Zmuda was an at-will employee at ECS. When Mr. Zmuda was hired, he received an Employee Handbook from ECS. ECS then

gave Mr. Zmuda an updated Employee Handbook on June 6, 2013. The Handbook sets forth school policies and procedures that Mr. Zmuda was expected to follow. 67. All excerpts from ECSs Employee Handbook contained herein reference the June 6,

2013 version of the Handbook. 68. ECSs employee handbook states on page 9 that ECS does not discriminate on the basis

of any status or condition which is protected by an applicable law. 69. ECSs employee handbook states on page 6 that the School will accept and embrace

those with different faiths, social, ethnic and economic backgrounds. 70. ECSs employee handbook states on page 12 that it is the Schools policy to operate

ECS in compliance with all applicable laws and regulations in accordance with the highest ethical standards.

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71.

In addition to the handbook, ECSs website stated that it would not discriminate on the

basis of an employee or applicants race, religion, creed, color, sex, age, national origin, marital status, sexual orientation, or any other status or condition protected by local, state or federal laws. 72. ECSs website further stated that such discrimination will not be tolerated at Eastside

Catholic School. 73. Mr. Zmuda. 74. These representations by ECS constitute promises of specific treatment in a specific These representations on ECSs website were removed by ECS only after it terminated

situation: specifically, that the School would not discriminate against an employee based on his or her marital status or sexual orientation. 75. ECS should have reasonably expected that its employees would rely on these promises

of non-discrimination, and exercise their legal rights to marry. 76. husband. 77. Mr. Zmudas reliance on ECSs promises of non-discrimination was reasonable and Mr. Zmuda did in fact rely on ECSs promise not to discriminate, and married his

justifiable under the circumstances. 78. Despite promising not to discriminate based on marital status or sexual orientation,

ECS fired Mr. Zmuda because he married his husband. 79. By firing Mr. Zmuda for marrying his husband, ECS breached its promise not to

discriminate against employees based on their marital status or sexual orientation. 80. ECSs breach of this promise directly and proximately caused economic and emotional

harm and damages to Mr. Zmuda. 81. Justice requires that ECS provide Mr. Zmuda with a just and fair remedy that

adequately accounts for his losses and damages that flow from ECSs breach of this promise. COUNT IV WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY 82. The law of Washington recognizes marriage as a civil contract founded on a clear

public policy, and encourages it in the interest of morality.

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83.

Same-sex marriage is legal in Washington. The state recognizes such unions on equal

terms as it does marriages between persons of the opposite sex. 84. It is a clear public policy in Washington to grant equal protection for all families in

Washington by creating equality in civil marriage. 85. Mr. Zmuda acted lawfully and pursuant to his rights as a citizen of Washington when

he married his husband. 86. Mr. Zmudas marriage was in accordance with, and in furtherance of, Washingtons

public policy to encourage marriage. 87. Mr. Zmudas marriage was in accordance with and in furtherance of Washingtons

public policy to grant equal protection to all families by creating equality in civil marriage. 88. 89. ECSs termination of Mr. Zmuda was based solely on Mr. Zmudas decision to marry. ECSs action serves to discourage persons similarly situated to Mr. Zmuda from

marrying for fear of retaliation by their employers. 90. Discouraging persons similarly situated to Mr. Zmuda from marrying jeopardizes

Washingtons public policies of encouraging marriage and granting all families equality in civil marriage. 91. ECSs termination of Mr. Zmuda violates clearly stated public policy in Washington.

Such termination constitutes a tort of wrongful termination in violation of public policy. 92. ECSs wrongful termination of Mr. Zmuda in violation of public policy directly and

proximately caused economic and emotional harm and damages to Mr. Zmuda in an amount to be proven at trial. COUNT V VIOLATION OF CONSUMER PROTECTION ACT 93. ECS represented to the public that it did not discriminate based on an employee or

applicants race, religion, creed, color, sex, age, national origin, marital status, sexual orientation, or any other status or condition protected by local, state or federal laws. 94. ECS firmly stated that such discrimination will not be tolerated at ECS.

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95.

ECS similarly stated in its Employee Handbook that it would not discriminate against

employees based on a status or condition that is protected by an applicable law. 96. Prospective and current employees considering employment at ECS, including Mr.

Zmuda, were aware of these non-discrimination statements by ECS. 97. Likewise, parents considering sending their children to ECS, and those children

themselves, were aware of and embraced this purportedly non-discriminatory attitude. 98. These statements had the capacity to deceive a substantial portion of the public into

believing that ECS would not so discriminate. 99. In fact, Mr. Zmuda was deceived by these statements into believing that he would not

be discriminated against based on marital status or sexual orientation. 100. Likewise, parents who had chosen to send prospective students to ECS, and those

students themselves, were deceived by ECSs statements. 101. ECSs false and deceptive statement of non-discrimination to prospective and current

employees, parents, and students on the Schools website constitutes a deceptive act or practice occurring in the conduct of ECSs trade or commerce. 102. As a result of ECSs deceptive act or practice, Mr. Zmuda married his husband with a

reasonable expectation that he would continue to be employed by ECS. 103. Despite ECSs claims of non-discrimination, ECS did in fact fire Mr. Zmuda based on

his marital status or sexual orientation. 104. ECSs deceptive act affects the public interest because it had the capacity to deceive

and injure other persons. 105. ECSs deceptive act proximately caused injury and damage to Mr. Zmudas business

and/or property. 106. ECSs deceptive act constitutes a violation of Washingtons Consumer Protection Act

(CPA), RCW 19.86, et. seq. As such, Mr. Zmuda is entitled to relief for all damages proximately caused by ECSs deceptive act, as well as other and further damages recoverable under the CPA, including an award of attorneys fees and treble damages up to $25,000.

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IV.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for the following: 1. Judgment against the Archdiocese in an amount to be proven at the time of trial,

including compensation for the pecuniary loss and benefits of Mr. Zmudas prospective employment relation with ECS, consequential losses for which the interference is a legal cause, and emotional distress or actual harm to Mr. Zmudas reputation. 2. Judgment against ECS in an amount to be proven at the time of trial, including all

actual damages, whether in tort or in contract, that were caused by ECSs wrongful termination, together with the costs of the action, including reasonable attorneys' fees and litigation costs, pursuant to Washington's Law Against Discrimination, RCW 49.60.030(2), as well as reasonable attorneys fees, litigation costs, and treble damages up to $25,000 pursuant to Washingtons Consumer Protection Act, RCW 19.86.090. 3. The Court's permission to amend this complaint as necessary if new and material facts

are learned during discovery. 4. For such other and further relief as the court may deem just and equitable, including but

not limited to prejudgment interest. DATED this 6th day of March, 2014. FRIEDMAN | RUBIN

By: Richard H. Friedman, WSBA #30626 Attorneys for Plaintiff

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