Category: Administrative Law

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WSHRC: From Complaint to Conclusion

WSHRC: From Complaint to Conclusion

Under Washington State laws and regulations, how does the Washington State Human Rights Commission (WSHRC) progress from complaint to conclusion when processing employment discrimination claims? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer | Terms of Use | Privacy Policy before proceeding.)

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WSHRC: FROM COMPLAINT TO CONCLUSION

In Washington State, the protection of human rights is a fundamental aspect of ensuring equality and fair treatment for all individuals. The Washington State Human Rights Commission (WSHRC) serves as a vital resource for individuals who believe they have experienced discrimination in various contexts, including employment, housing, and public accommodations, real estate and credit transactions, and insurance. Understanding the process of filing and handling complaints with the WSHRC is crucial for both complainants and respondents involved in these cases. This article will focus on employment discrimination.

Filing a Complaint with the WSHRC

I. Filing a Complaint with the WSHRC

1. Initiating the Process:

Complaints can be filed with the WSHRC through an intake call or an in-person interview. See Washington State Human Rights Commission Website, https://www.hum.wa.gov/employment (last visited 2/16/24). The Intake Unit evaluates the jurisdiction of the complaint and may proceed with an intake questionnaire if it falls within the WSHRC’s purview. See id.

NOTE: WSHRC Jurisdictional Criteria

(a) “Employer has at least 8 employees (does not include religious organizations.” Id. (hyperlink added).

(b) “Signed complaints need to be filed within 6 months of last date of alleged discrimination.” Id.

2. Submission of Intake Questionnaire:

Alternatively, individuals can print out and submit the online intake questionnaire. See id. It is essential to ensure that the intake questionnaire reaches the WSHRC within six months of the alleged discriminatory action. See id.

3. Response to Written Charge:

Upon review, individuals may receive a written charge to sign and return to the WSHRC. See id.

4. Assignment to Investigator:

Once the complaint is filed, it is assigned to an investigator for further examination. See id.

Responsibilities of Employers Upon Receiving Notice

II. Responsibilities of Employers Upon Receiving Notice

1. Timely Response:

Employers must send a written response to the charge within 15 days of receiving notice. See id.

2. Position Statement:

They should articulate their position on the alleged unfair actions. See id.

3. Documentation:

Providing relevant documentation to support their response is imperative. See id.

4. Witness Information:

Employers should furnish witness names and contact information as part of the investigative process. See id.

Conducting the Investigation

III. Conducting the Investigation

1. Neutral Fact-Finding:

The WSHRC serves as a neutral fact-finder during investigations, tasked with gathering evidence to determine if there is reasonable cause to believe that a violation of the law has occurred. This may involve interviewing witnesses and reviewing pertinent documents. See id.

2. Alternate Dispute Resolution:

The WSHRC encourages the use of alternate dispute resolution methods to resolve complaints efficiently. See id.

Burden of Proof

IV. Burden of Proof

1. Complainant’s Obligation:

The complainant must present information demonstrating a prima facie case of discrimination. See id.

2. Respondent’s Response:

The respondent can offer non-discriminatory reasons for the actions in question. See id.

3. Additional Evidence:

The burden of proof shifts back to the complainant to provide further information connecting the harm to the protected class. See id.

4. Standard of Proof:

For a finding of reasonable cause, the preponderance of evidence must indicate that discrimination occurred. See id.

Conclusion of the Investigation

V. Conclusion of the Investigation

1. Recommendation to Commissioners:

Following the completion of the investigation, WSHRC staff presents a recommendation to the Commissioners. See id.

2. NO FINDING OF DISCRIMINATION

“If the WSHRC finds no discrimination (no reasonable cause), both parties are contacted with that finding.” Id.

3. Finding of Discrimination:

If the WSHRC determines that illegal discrimination has occurred (reasonable cause), efforts are made to reach a voluntary agreement between the parties. If unsuccessful, the complaint may proceed to a formal hearing before an Administrative Law Judge (ALJ), who can impose significant penalties. See id.

CONCLUSION

Navigating the process of filing and handling human rights complaints in Washington State requires adherence to specific procedures and responsibilities outlined by the WSHRC. By understanding these guidelines, both complainants and respondents can engage effectively in the resolution process, ultimately contributing to the promotion of equality and justice within the state.

READ OUR RELATED ARTICLES

» Definition of Commission (WLAD)

» Remedies for Breach of Conciliation Agreements**

» The Intersection of WSHRC and EEOC**

» The Washington State Human Rights Commission**

» WA State Human Rights Commission Complaints

» WA State Human Rights Commission: Functions, Powers, Duties

» WA State Human Rights Commission: Damages for Humiliation & Suffering**

** (NOTE: This is an external link that will take the reader to our Williams Law Group Blog.)

LEARN MORE

If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

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Absence of Agency Implementing Rules (WA State)

Absence of Agency Implementing Rules (WA State)

Under Washington State laws, how do courts proceed in the absence of agency implementing rules when addressing associated statute-based issues? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.)

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ABSENCE OF AGENCY IMPLEMENTING RULES (WA STATE)

A Washington State agency “cannot promulgate a rule that exceeds its statutory mandate … neither can it diminish statutory protections by failing to act.” Kumar v. Gate Gourmet, Inc.*, 180 Wn.2d 481, 495, 325 P.3d 193 (Wash. 2014) (footnote omitted) (emphasis added).

Thus, when authorized Washington agencies fail to promulgate any implementing rules for statutes, courts must still recognize implicit requirements in those subject statutes. See id. at 496 (referencing Am. Cont’l Ins. Co. v. Steen, 151 Wn.2d 512, 518, 91 P.3d 864 (2004) (“[I]n interpreting a statute, the court’s ‘primary objective is to ascertain and give effect to the [legislature’s] intent and purpose'”)) (internal citation omitted).

(*NOTE: The link will take the reader to our Court Slips Blog – an external website.)

EXAMPLE: KUMAR v. GATE GOURMET, INC.

For example, in Kumar v. Gate Gourmet, Inc.*, 180 Wn.2d 481, 325 P.3d 193 (Wash. 2014), an employer’s meal policy that was based on security concerns barred employees from bringing in their own food for lunch; it required employees to eat only employer-provided food. However, the policy forced a group of plaintiff-employees to either work without food or eat food that violated their religious beliefs (i.e., a protected class falling under “creed“).

the plaintiffs filed suit

The plaintiffs subsequently filed suit and alleged that the employer maintained a facially neutral meal policy that fell more harshly on those within a protected class. “The trial court dismissed the lawsuit in its entirety, finding that the WLAD [(i.e., Washington Law Against Discrimination)] contains no requirement that employers make reasonable accommodations for their employees’ religious practices.” Id. at 486. The plaintiffs appealed to the WA State Supreme Court.

defendant’s argument

Therein, Defendant-employer, Gate Gourmet, “[made] much of the fact that the HRC [(i.e., WA State Human Rights Commission)] has promulgated rules requiring employers to reasonably accommodate employees with disabilities, arguing that the HRC would have issued an identical rule mandating religious accommodations if it believed the WLAD required them.” Id. at 495.

Court’s ANALYSIS

The Court concluded, inter alia, that “the HRC’s rules did not create the reasonable accommodation requirement for disability–they merely implemented a requirement already inherent in the WLAD itself.” Id. (referencing Holland v. Boeing Co., 90 Wn.2d 384, 388-89, 583 P.2d 621 (1978) (finding “a reasonable-accommodation-for-disability requirement inherent in the ‘legislative policy’ embodied in the WLAD, even though that statute did not employ the term ‘accommodation'” )) (footnote omitted).

However, the Court declared that “[e]ven if the HRC had failed to promulgate any rules requiring reasonable accommodations for employee disabilities, this court would still have been required to recognize that implicit requirement in the WLAD’s provisions.” Id. at 495-96 (referencing Am. Cont’l Ins. Co. v. Steen, 151 Wn.2d 512, 518, 91 P.3d 864 (2004) (“[I]n interpreting a statute, the court’s ‘primary objective is to ascertain and give effect to the [legislature’s] intent and purpose'” (citing State v. Watson, 146 Wn.2d 947, 954, 51 P.3d 66 (2002)))) (emphasis added).

the court must implement rcw 49.60.180 so as to give effect to legislature’s intent

Thus, the Court found that “with or without recourse to implementing rules, this court must interpret RCW 49.60.180** so as to give effect to the legislature’s intent. In this case, that means choosing between two competing interpretations of the statute: the interpretation that says it implies a reasonable-accommodation-for-religion requirement and the interpretation that says it lacks such a requirement.” Id. at 496. Ultimately, the Court found, inter alia, that “the employees … stated a claim for failure to reasonably accommodate their religious practices[ ]” – reversing the trial court’s previous dismissal and remanding the case for further proceeding consistent with the opinion. Kumar*, 180 Wn.2d at 503.

(*NOTE: The link will take the reader to our Court Slips Blog – an external website.)

(**NOTE: The link will take the reader to an external Washington State website.)

CONCLUSION

“[W]ith or without recourse to implementing rules, … [Washington] court[s] must interpret … [statutes] so as to give effect to the legislature’s intent.” Id. at 496.

LEARN MORE

If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams, or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

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Filing a Workers’ Compensation Claim and Discrimination (WA State)

Filing a Workers' Compensation Claim and Discrimination (WA State)

Under Washington State workers’ compensation laws, may an employer discriminate against an employee for filing a workers’ compensation claim? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.)

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THE WASHINGTON INDUSTRIAL INSURANCE ACT (“ACT”) AND WORKERS’ COMPENSATION CLAIMS: DISCRIMINATION PROHIBITED

“Washington’s Industrial Insurance Act provides that ‘[n]o employer may discharge or in any manner discriminate against any employee because such employee has filed or communicated to the employer an intent to file a claim for compensation or exercises any rights provided under this title.'” Robel v. Roundup Corporation, 148 Wn.2d 35, 48-49 (Wash 2002) (citing RCW 51.48.025(1)) (alteration in original) (emphasis added).

The relevant law, RCW 51.48.025(1), states as follows:

Retaliation by employer prohibited—Investigation—Remedies.

(1) No employer may discharge or in any manner discriminate against any employee because such employee has filed or communicated to the employer an intent to file a claim for compensation or exercises any rights provided under this title. However, nothing in this section prevents an employer from taking any action against a worker for other reasons including, but not limited to, the worker’s failure to observe health or safety standards adopted by the employer, or the frequency or nature of the worker’s job-related accidents.

Id. (emphasis added).

THE COMPLAINT PROCESS

Under the Act, “[a]ny employee who believes that he or she has been discharged or otherwise discriminated against by an employer in violation of this section may file a complaint with the director alleging discrimination within ninety days of the date of the alleged violation.” RCW 51.48.025(2) (emphasis added). In this case, the term “‘Director’ means the director of labor and industries.” RCW 51.08.060.

Accordingly, “[u]pon receipt of such complaint, the director shall cause an investigation to be made as the director deems appropriate. Within ninety days of the receipt of a complaint filed under this section, the director shall notify the complainant of his or her determination.” Id.

“If upon such investigation, it is determined that this section has been violated, the director shall bring an action in the superior court of the county in which the violation is alleged to have occurred.” Id.

RIGHT OF PRIVATE ACTION — ADDITIONAL LEGAL THEORIES

However, “[i]f the director determines that this section has not been violated, the employee may institute the action on his or her own behalf.” RCW 51.48.025(3).

IMPORTANT: Pursuant to other laws (e.g., The Washington Law Against Discrimination, Title VII of the Civil Rights Act of 1964, WA State torts, etc.), additional legal theories may form the basis for relief depending on the circumstances of each case. Speak to a knowledgeable employment attorney to learn more.

REMEDIES

“In any action brought under this section, the superior court shall have jurisdiction, for cause shown, to restrain violations of subsection (1) of this section and to order all appropriate relief including rehiring or reinstatement of the employee with back pay.” RCW 51.48.025(4) (referring to RCW 51.48.025(1)).

LEARN MORE

If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams, or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

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WA State Human Rights Commission: Functions, Powers, and Duties

WA State Human Rights Commission: Functions, Powers, and Duties

Under Washington State laws, what are certain functions, powers, and duties of the Washington State Human Rights Commission (“WSHRC”)? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.)

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WASHINGTON LAW AGAINST DISCRIMINATION (WLAD): EMPLOYMENT

The Washington Law Against Discrimination (“WLAD”), Chapter 49.60 RCW, “is a state law that prohibits discriminatory practices in the areas of employment, places of public resort, accommodation, or amusement, in real estate transactions, and credit and insurance transactions on the basis of race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability; and prohibits retaliation against persons who oppose a discriminatory practice, and those who file health care and state employee whistleblower* complaints.” WSHRC Official Website, last accessed 4/19/23 (emphasis and hyperlinks added).

* (NOTE: This is an external link that will take the reader to our Williams Law Group Blog.)

WA STATE HUMAN RIGHTS COMMISSION (WSHRC): CERTAIN FUNCTIONS, POWERS, AND DUTIES

The Washington State Legislature established the WSHRC* in 1949 as “a state agency responsible for administering and enforcing the Washington Law Against Discrimination.” WSHRC Official Website, last accessed 4/19/23. The agency has certain functions, powers, and duties, as follows:

RCW 49.60.120
Certain powers and duties of commission.

The commission shall have the functions, powers, and duties:

(1) To appoint an executive director and chief examiner, and such investigators, examiners, clerks, and other employees and agents as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.

(2) To obtain upon request and utilize the services of all governmental departments and agencies.

(3) To adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.

(4) To receive, impartially investigate, and pass upon complaints alleging unfair practices as defined in this chapter.

(5) To issue such publications and results of investigations and research as in its judgment will tend to promote good will and minimize or eliminate discrimination because of sex, sexual orientation, race, creed, color, national origin, citizenship or immigration status, marital status, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability.

(6) To make such technical studies as are appropriate to effectuate the purposes and policies of this chapter and to publish and distribute the reports of such studies.

(7) To cooperate and act jointly or by division of labor with the United States or other states, with other Washington state agencies, commissions, and other government entities, and with political subdivisions of the state of Washington and their respective human rights agencies to carry out the purposes of this chapter. However, the powers which may be exercised by the commission under this subsection permit investigations and complaint dispositions only if the investigations are designed to reveal, or the complaint deals only with, allegations which, if proven, would constitute unfair practices under this chapter. The commission may perform such services for these agencies and be reimbursed therefor.

(8) To foster good relations between minority and majority population groups of the state through seminars, conferences, educational programs, and other intergroup relations activities.

RCW 49.60.120 (emphasis added).

* (NOTE: This is an external link that will take the reader to our Williams Law Group Blog.)

READ OUR RELATED ARTICLES

» Definition of Commission (WLAD)

» Remedies for Breach of Conciliation Agreements**

» The Intersection of WSHRC and EEOC**

» The Washington State Human Rights Commission**

» WA State Human Rights Commission Complaints

» WA State Human Rights Commission: Damages for Humiliation & Suffering**

» WSHRC: From Complaint to Conclusion

** (NOTE: This is an external link that will take the reader to our Williams Law Group Blog.)

LEARN MORE

If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams, or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

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The Local Government Tort-Claim Filing Statute

The Local Government Tort-Claim Filing Statute

Under Washington State law, what is the purpose of the local government tort-claim filing statute? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.)

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LOCAL GOVERNMENT TORT-CLAIM FILING STATUTE

A tort is a civil wrong, other than breach of contract, for which remedies may be obtained. Prospective plaintiffs intending to pursue tort claims against a Washington State local-governmental entity are required to conform to certain statutory requirements.  See RCW 4.96. The relevant law states as follows:

RCW 4.96.010
Tortious conduct of local governmental entities—Liability for damages.

(1) All local governmental entities, whether acting in a governmental or proprietary capacity, shall be liable for damages arising out of their tortious conduct, or the tortious conduct of their past or present officers, employees, or volunteers while performing or in good faith purporting to perform their official duties, to the same extent as if they were a private person or corporation.

Filing a claim for damages within the time allowed by law shall be a condition precedent to the commencement of any action claiming damages.

The laws specifying the content for such claims shall be liberally construed so that substantial compliance therewith will be deemed satisfactory.

(2) Unless the context clearly requires otherwise, for the purposes of this chapter, “local governmental entity” means a county, city, town, special district, municipal corporation as defined in RCW 39.50.010, quasi-municipal corporation, any joint municipal utility services authority, any entity created by public agencies under RCW 39.34.030, or public hospital.

(3) For the purposes of this chapter, “volunteer” is defined according to RCW 51.12.035.

RCW 4.96.010 (paragraph formatting and emphasis added).

THE 60-DAY REQUIREMENT

Thus, a “local government entity is liable for damages arising from its tortious conduct to the same extent as if it were a private person or corporation.” Renner v. City of Marysville, 230 P.3d 569, 571, 168 Wash.2d 540 (Wash. 2010) (citing RCW 4.96.010(1)). “However, prospective plaintiffs must file a tort claim with the local government at least 60 days prior to filing a lawsuit.” Id. The relevant law is as follows:

RCW 4.96.020
Tortious conduct of local governmental entities and their agents—Claims—Presentment and filing—Contents.

…

(4) No action subject to the claim filing requirements of this section shall be commenced against any local governmental entity, or against any local governmental entity’s officers, employees, or volunteers, acting in such capacity, for damages arising out of tortious conduct until sixty calendar days have elapsed after the claim has first been presented to the agent of the governing body thereof.

The applicable period of limitations within which an action must be commenced shall be tolled during the sixty calendar day period.

For the purposes of the applicable period of limitations, an action commenced within five court days after the sixty calendar day period has elapsed is deemed to have been presented on the first day after the sixty calendar day period elapsed.

RCW 4.96.020(4) (paragraph formatting and emphasis added).

(IMPORTANT: There are additional filing requirements (e.g., access to standard forms, content, delivery, etc.) that will not be discussed in this article for the sake of brevity. Failure to conform to these additional requirements could result in severe consequences during litigation. The reader is strongly encouraged to both seek legal counsel and refer to RCW 4.96 for more information.)

THE POLICIES

CLAIM FILING STATUTE

“The claim filing statute is intended to provide local governments with notice of potential tort claims, the identity of the claimant, and general information about the claim.” Renner, 230 P.3d at 571. “The legislature illustrated the general nature of this purpose, stating that ‘[t]he laws specifying the content for such claims shall be liberally construed so that substantial compliance therewith will be deemed satisfactory.'” Id. (citing RCW 4.96.010(1)) (alteration in original). “Under this directive, exact specificity is not required; the claimant simply must provide enough information to put the government on notice of the claim and its contents.” Id.

TORT CLAIM

“The purpose of this claim is ‘to allow government entities time to investigate, evaluate, and settle claims’ before they are sued.” Id (citing Medina v. Pub. Util. Dist. No. 1, 147 Wash.2d 303, 310, 53 P.3d 993 (2002)). “The claim filing statute provides further that it is to be liberally construed such that substantial compliance is satisfactory.” Id; see also RCW 4.96.020(5).

LEARN MORE

If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams, or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

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WA State Human Rights Commission Complaints

WA State Human Rights Commission Complaints

Under the Washington Law Against Discrimination (WLAD), who may file WA State Human Rights Commission (WSHRC) complaints? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.)

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WASHINGTON LAW AGAINST DISCRIMINATION (WLAD): EMPLOYMENT

Under the WLAD, it is an unfair practice, with very few exceptions, for an employer to refuse to hire any person, to discharge or bar any person from employment, or to discriminate against any person in compensation or in other terms and conditions of employment because of age (40+); sex (including pregnancy**); marital status; sexual orientation (including gender identity); race; color; creed; national origin; citizenship or immigration status; honorably discharged veteran or military status; HIV/AIDS and hepatitis C status; the presence of any sensory, mental, or physical disability; the use of a trained dog guide or service animal by a person with a disability; and state employee or health care whistleblower** status.

It is also an unfair practice for an employer to retaliate against an employee because the employee complained about job discrimination or assisted with a job discrimination investigation or lawsuit.

WA STATE HUMAN RIGHTS COMMISSION (WSHRC): COMPLAINTS

The Washington State Legislature established the WSHRC** in 1949 as “a state agency responsible for administering and enforcing the Washington Law Against Discrimination.” WSHRC Official Website, last accessed 9/8/22. One WSHRC power, inter alia, is the ability “to receive, impartially investigate, and pass upon complaints alleging unfair practices as defined in … [the WLAD].” RCW 49.60.120(4) (emphasis added).

Investigations

“If the facts as stated in the complaint do not constitute an unfair practice under … [WLAD], a finding of no reasonable cause may be made without further investigation.” RCW 49.60.240(1)(a). However, “[i]f the facts as stated could constitute an unfair practice under … [WLAD], a full investigation and ascertainment of the facts shall be conducted.” Id.

Eliminating Unfair Practices

“If the finding is made that there is reasonable cause for believing that an unfair practice has been or is being committed, the commission‘s staff shall immediately endeavor to eliminate the unfair practice by conference, conciliation, and persuasion.” RCW 49.60.240(3) (hyperlink added).

WHO MAY FILE A COMPLAINT WITH THE WSHRC

According to the WLAD, the following may file a complaint with the WSHRC:

(1) Who may file a complaint:

(a) Any person claiming to be aggrieved by an alleged unfair practice may, personally or by his or her attorney, make, sign, and file with the commission a complaint in writing under oath or by declaration. The complaint shall state the name of the person alleged to have committed the unfair practice and the particulars thereof, and contain such other information as may be required by the commission.

(b) Whenever it has reason to believe that any person has been engaged or is engaging in an unfair practice, the commission may issue a complaint.

(c) Any employer or principal whose employees, or agents, or any of them, refuse or threaten to refuse to comply with the provisions of this chapter may file with the commission a written complaint under oath or by declaration asking for assistance by conciliation or other remedial action.

RCW 49.60.230 (emphasis and hyperlinks added).

READ OUR RELATED ARTICLES

» Definition of Commission (WLAD)

» Remedies for Breach of Conciliation Agreements**

» The Intersection of WSHRC and EEOC**

» The Washington State Human Rights Commission**

» WA State Human Rights Commission Complaints

» WA State Human Rights Commission: Functions, Powers, Duties

» WA State Human Rights Commission: Damages for Humiliation & Suffering**

» WSHRC: From Complaint to Conclusion

** (NOTE: This is an external link that will take the reader to our Williams Law Group Blog.)

LEARN MORE

If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams, or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

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The Absence of Implementing Rules

The Absence of Implementing Rules

Under Washington State canons of statutory construction, what is the rule regarding absence of implementing rules? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. This article may be a repost from one of our retired blogs. Please review our Disclaimer | Terms of Use | Privacy Policy before proceeding.)

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ABSENCE OF IMPLEMENTING RULES: COURTS GIVE EFFECT TO THE LEGISLATURE’S INTENT

In Washington State, agencies are often authorized to promulgate implementing rules for associated statutes. However, issues can arise where agencies fail to enact such rules.

“[W]ith or without recourse to implementing rules, … court[s] must interpret … [Washington statutes] so as to give effect to the legislature’s intent.” See Kumar v. Gate Gourmet, Inc., 180 Wn.2d 481, 496, 325 P.3d 193 (Wash. 2014).

WHEN SILENCE MEANS SOMETHING MORE

“It is certainly true that an administrative agency’s silence must be deemed significant where it admits of only one reasonable interpretation.” Id. at 494 (footnote omitted) (emphasis added).  For example, “where [an] agency historically engaged in comprehensive regulation of certain industry practices, the agency’s silence regarding an affirmative defense based on a violation of those regulations was deemed significant[.]” Id. at 514 n.20 (referencing S. P. Transp. Co. v. Commercial metals Co., 456 U.S. 336, 345, 102 S.Ct. 1815, 72 L.Ed. 2d 114 (1982)).

LEARN MORE

If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

-gw

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WLAD Civil Suits & Administrative Actions

WLAD Civil Suits & Administrative Actions

Under the Washington Law Against Discrimination (WLAD), may plaintiffs bring private civil suits through administrative actions and associated appeals? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. This article may be a repost from one of our retired blogs. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.)

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THE WASHINGTON LAW AGAINST DISCRIMINATION

“Washington’s law against discrimination, chapter 49.60 RCW, is a broad remedial statute, the purpose of which is to eliminate and prevent discrimination on the basis of” specific protected classes. Rhoades v. Department of Labor and Industries, 143 Wn.App. 832, 181 P.3d 843 (Wash.App. Div. 3 3008) (citing RCW 49.60.010).

THE CIVIL SUIT REQUIREMENT

“[WLAD] declares that the right to be free from such discrimination is a civil right enforceable by private civil action by members of the enumerated protected classes.” Id. (citing RCW 49.60.030(1), (2)) (emphasis added).

The issue is whether an administrative proceeding is considered a civil action for purposes of WLAD claims. The Washington State Court of Appeals addressed this issue in Rhoades v. Department of Labor and Industries. Id.

EXAMPLE: RHOADES v. DEPARTMENT OF LABOR AND INDUSTRIES

In Rhoades, plaintiff Tammy Rhoades “filed a claim with the Department [of Labor and Industries] after she was injured in the course of employment[.]” Rhoades, 143 Wn.App. at 836. “The Department awarded her a permanent partial disability benefit.” Id. She appealed, and “in March 2001, the Department determined that Ms. Rhoades was totally disabled and she was placed on the pension rolls.” Id. “The Department affirmed this order after reconsideration in September 2002.” Id.

However, “Ms. Rhoades disagreed with the Department’s calculation of her monthly pension amount [and] appealed the September 2002 pension order to the Board of Industrial Appeals (Board).” Id. In 2004, “the Board found that the Department’s September 2002 order was correct” except for a small interest calculation. Id. at 837.

Plaintiff Rhoades “appealed to the superior court, which affirmed the Board’s order.” Id. She then appealed to Division 3 of the Washington State Court of Appeals wherein she included, inter alia, a claim that the Department violated the Washington Law Against Discrimination, RCW 49.60. Id. at 835-36. The court of appeals found that “an administrative action and appeal is an inappropriate vehicle for” claims under RCW 49.60. Id. at 845 (emphasis added). “[A] civil suit is required.” Id.

CONCLUSION

Under the Washington Law Against Discrimination (WLAD), plaintiffs cannot bring private civil suits through administrative actions and associated appeals.

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Agency Rules

Agency Rules

Under Washington State canons of statutory construction, how do courts interpret agency rules–particularly those of the Washington State Human Rights Commission (WSHRC/HRC)? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. This article may be a repost from one of our retired blogs. Please review our Disclaimer | Terms of Use | Privacy Policy before proceeding.)

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“PLAIN MEANING” CANON ALSO APPLIES TO AGENCY RULES

Washington State Human Rights Commission is a state agency. “As is true of statutes, [Washington courts] … interpret agency rules according to their plain meaning.” Mikolajczak v. Mann, 1 Wn.App.2d 493, 498 (Wash.App. Div. 3 2017) (citing Hegwine v. Longview Fibre Co., 162 Wn.2d 340, 349, 172 P.3d 688 (2007)) (hyperlink added). “Each word in an agency rule must be given its common and ordinary meaning, unless the word is ambiguous or defined in the regulation.” Id. (citing Grays Harbor Energy, LLC. v. Grays Harbor County, 175 Wn.App. 578, 584, 307 P.3d 754 (2013)) (internal quotation marks omitted) (hyperlink added).

LIBERAL CONSTRUCTION APPLIED TO WA STATE HUMAN RIGHTS COMMISSION (HRC) RULES

Washington courts also “liberally construe the terms of the [Washington State Human Rights Commission’s] … rules to protect against discrimination.” Id. (citing Phillips v. City of Seattle, 111 Wn.2d 903, 908, 766 P.2d 1099 (1989)).

REGULATORY REDRAFTING PROHIBITED

“However, [courts] … cannot engage in statutory or regulatory redrafting.” Id. (citing Hegwine, 162 Wn.2d at 352, 172 P.3d 688). “If a particular discrimination claim is plainly left uncovered by both the [Washington Law Against Discrimination (“WLAD”)] … and the HRC’s implementing rules, it will not merit relief.” Id. at 498-99.

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If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

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