Prior to the passage of HB2123 in May 2011(workers comp.alternative resolution for disabled emloyees who become disabled from the workplace). Disabled employees (other than Police and firefighters) covered under the Industrial Insurance Act in WA State is abled to bring a Tort of Outrage Claim in Civ. Court against their employer in civil court.
If the disabled employee is unsuccessful in the WA State Courts, it is unlikely Federal Dist. Courts would overturn a Supreme Court decision, unless there are fed.issues or questions in conflict with state Law.
Would it be possible to bring a lawsuit against the State of WA (insurer) in Fed. courts on the grounds of discrimination against public employees who are neither police officers or firefighters who are able to arbitrate their disability?