Administrative Law Archives — LAW OFFICE OF GREGORY A. WILLIAMS

April 2, 2026April 2, 2026

WSHRC: Service and Filing of Papers

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning the service and filing of papers? Here’s my point of view.

IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. 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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Understanding WAC 162‑08‑041: How Service and Filing Work in Washington Human Rights Commission Proceedings

When people think about discrimination complaints or administrative hearings, they often focus on the substance of the dispute — what happened, who’s responsible, and what the law says. But behind every case is a quieter, procedural engine that keeps the process moving. One of the most important parts of that engine is service and filing: making sure documents get to the right people, at the right time, in the right way.

For matters before the Washington State Human Rights Commission (“WSHRC” or “Commission”), those mechanics are governed by WAC 162‑08‑041*. Although the rule is short, it plays an outsized role in ensuring fairness and clarity for both represented and unrepresented parties.

Here’s a practical breakdown.

1. How Documents Must Be Served

The rule gives several acceptable methods of service, ranging from traditional to old‑school:

• Personal delivery

• First‑class, registered, or certified mail

• Telegraph (yes, it’s still listed)

• Leaving a copy at the person’s principal office or place of business

The takeaway is flexibility. The Commission recognizes that parties may have different resources and levels of sophistication, so it allows multiple avenues to ensure documents actually reach their destination.

2. Who Is Responsible for Serving What?

WAC 162‑08‑041* draws a clear line:

• The Commission serves all orders, notices, and other papers issued by it and any other documents it is legally required to serve.

• Parties are responsible for serving everything they file.

This division keeps the administrative process orderly. The Commission handles official notices; parties handle their own filings.

3. Who Must Be Served?

Every document served by the Commission or any party must be served at the time of filing on:

• All counsel of record

• Any unrepresented parties

• Any designated agents

If a new attorney appears mid‑stream, that attorney must notify all other counsel and unrepresented parties. This prevents the all‑too-common problem of someone being left out of the loop.

4. Serving the Commission Itself

This is a point that often trips people up.

If the Commission is represented by the attorney general (AG) or a staff person (other than the clerk), then service on the Commission must be made on that AG attorney or staff person who is acting for the commission, not on the clerk. Filing something with the clerk does not count as service on the Commission in that situation.

Also important: petitions for judicial review are governed by RCW 34.05.542*, not this WAC.

5. When Service by Mail Is Considered Complete

The rule adopts a predictable, easy‑to‑apply standard:

• Service is deemed complete on the third day after mailing;

• Unless that day is a Saturday, Sunday, or legal holiday, in which case it rolls to the next business day.

This “mailbox rule” gives parties a clear timeline and avoids disputes about when a document was actually received.

NOTE: “If service is made by mail, the papers shall be deposited in the post office addressed to the person on whom they are being served, with the postage prepaid.” WAC 162‑08‑041(5)*.

6. Filing Requirements

A document is considered filed when it is actually received at the Commission’s Olympia or Seattle office (or another designated location). It must be accompanied by proof of service on any parties required to be served.

For filings with an administrative law judge, the rule directs parties to file with the clerk at 402 Evergreen Plaza, Mailstop FJ-41, Olympia, WA 98504, unless told otherwise. Required filings must be accompanied by proof of service on all parties required to be served. And the original must be submitted plus two copies.

Conclusion

For lawyers, WAC 162‑08‑041 is a reminder that administrative practice has its own rhythms and expectations. For members of the public pursuing a discrimination complaint, it provides transparency: everyone knows how documents must be exchanged, when deadlines run, and who must be kept informed.

Procedural clarity is part of procedural fairness. When service and filing rules are followed, cases move more smoothly, and parties can focus on the merits rather than procedural missteps.

We invite you to read more of our articles related to this topic:

» WA State Human Rights Commission Complaints

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

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Relationship of Commission to Complainant

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

January 8, 2026January 8, 2026

WSHRC: Reconsideration of Findings

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning the reconsideration of findings? Here’s my point of view.

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When Agencies Get a Second Look: Understanding WAC 162-08-101

Administrative agencies make decisions every day that affect real people—patrons, guests, employees, employers, landlords, tenants, and organizations across Washington State. But what happens when an agency discovers that a decision may be based on a mistake?

Washington Administrative Code (WAC) 162-08-101*, titled “Reconsideration of findings,” provides a concise but important answer:

“The commission may reconsider and correct any finding in which errors affecting the result are brought to its attention.”

Id. (emphasis added). Though brief, this provision plays a significant role in ensuring fairness, accuracy, and trust in administrative decision-making by the Washington State Human Rights Commission.

What Is WAC 162-08-101 About?

At its core, WAC 162-08-101* gives the Commission the authority to revisit its own findings when a meaningful error is identified—and when that error could have changed the outcome. This reflects a practical acknowledgment: even careful investigations and decisions can sometimes be affected by mistakes, and there should be a mechanism to fix them.

Key Elements of the Rule

The essential components of the rule follow:

1. “The commission may reconsider”

The word “may” is important. Reconsideration is discretionary, not automatic. The Commission is permitted—but not required—to revisit a finding once an error is raised.

For practitioners, this signals that reconsideration is a request, not a right, and should be supported with clear reasoning and evidence.

2. “and correct any finding”

The focus here is on correction, not punishment or reversal for its own sake. If an error is confirmed, the Commission has the authority to fix the finding to reflect what the result should have been without the mistake.

This promotes administrative efficiency by allowing the agency to self-correct rather than forcing parties into prolonged appeals or litigation.

3. “in which errors affecting the result are brought to its attention”

Not all errors qualify. The rule applies only when:

• An error exists, and

• The error affects the outcome, not merely a minor detail.

For example:

• A typo in a date that has no impact on the analysis likely would not qualify.

• A misinterpretation of evidence, a misapplied legal standard, or omitted key facts that influenced the conclusion likely would.

The burden is on the party raising the issue to clearly explain why the error matters.

KEY IMPLICATIONS

For the General Public

If you are involved in a discrimination complaint or investigation, WAC 162-08-101* offers reassurance that the process is not rigidly final in the face of genuine mistakes. It reflects a commitment to fairness over formality.

For Legal Professionals

For attorneys, advocates, and compliance officers, this provision creates a strategic opportunity:

• It may allow for correction without formal appeal.

• It encourages early identification and documentation of substantive errors.

• It reinforces the importance of precision in administrative records and findings.

What This Rule Does Not Do

Equally important are its limits:

• It does not guarantee reconsideration.

• It does not apply to disagreements over judgment or credibility unless tied to a demonstrable error.

• It does not replace judicial review or statutory appeal rights.

In other words, WAC 162-08-101* is a narrow corrective tool, not a second bite at the apple.

In Summary

WAC 162-08-101* may be only a single sentence long, but it embodies an important principle of administrative justice: accuracy matters, and agencies should be able to correct meaningful mistakes.

For the public, it builds confidence in the system. For legal professionals, it provides a valuable—if carefully constrained—procedural safeguard. In a system built on fairness, the ability to reconsider when it truly counts is not a weakness; it’s a strength.

We invite you to read more of our articles related to this topic:

» WA State Human Rights Commission Complaints

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

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Relationship of Commission to Complainant

» WSHRC: Withdrawal of Complaint

LEARN MORE

–gw

November 6, 2025December 4, 2025

WSHRC: Termination of Case Without Findings of Fact

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning termination of a case without findings of fact? Here’s my point of view.

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Understanding WAC 162-08-099*: When the Washington State Human Rights Commission May End a Case Without Findings of Fact

The Washington State Human Rights Commission (WSHRC) is responsible for enforcing the state’s anti-discrimination laws under RCW 49.60*, also known as the Washington Law Against Discrimination (WLAD). Typically, once a complaint is filed, the Commission investigates and—if warranted—issues findings of fact to determine whether an unfair practice occurred. However, WAC 162-08-099* outlines circumstances in which the Commission may terminate a case before reaching findings of fact.

1. Voluntary Withdrawal of a Complaint

If the complainant requests to withdraw their complaint and the Commission consents (as described in WAC 162-08-091), no findings or further formal procedures are required. This allows individuals to end their case voluntarily without a full investigation or determination.

2. Settlement Before Findings (Prefinding Settlement)

In many cases, disputes are resolved through settlement agreements before the Commission completes its investigation. When the Commission’s staff and a respondent have entered into a written settlement agreement (i.e., a prefinding settlement), the agreement is presented to the commissioners for approval.

• The Commission must vote to accept the agreement before it becomes binding.

• Once approved, the Commission issues an order formalizing the settlement.

• “A prefinding settlement is not binding on the commission until the commissioners vote to accept it and issue their order.” WAC 162-08-099(3)*.

This procedure encourages early resolution while maintaining the Commission’s oversight role to ensure fairness and compliance with the law. NOTE: This process does not apply to a complaint alleging an unfair practice in a real estate transaction.

3. Administrative Closure

The Commission may also administratively close a case without findings when certain practical or procedural circumstances arise, such as:

• The complaint has been resolved informally or adjudicated elsewhere,

• The issue has become moot,

• The complainant or respondent cannot be located, or

• Other factors make further investigation impossible or unnecessary.

Administrative closure is an official action that halts further work on a complaint, though the Commission retains the authority to reopen the case later if circumstances change.

Implications

For both complainants and respondents, understanding WAC 162-08-099* clarifies that not every case will move through the full fact-finding process. Early settlement, voluntary withdrawal, or administrative closure can end a complaint efficiently while preserving fairness and procedural integrity.

In short, this rule gives the Human Rights Commission the flexibility to manage its caseload responsibly while ensuring that every case receives appropriate consideration under Washington’s anti-discrimination laws.

We invite you to read more of our articles related to this topic:

» WA State Human Rights Commission Complaints

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

» WSHRC: Agency Contact Information–Public Records Officer

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Relationship of Commission to Complainant

» WSHRC: Withdrawal of Complaint

LEARN MORE

–gw

September 11, 2025September 11, 2025

WSHRC: Breach of Conciliated Agreement

Under the Washington State Administrative Code (hereinafter, “WAC”), how may the Washington State Human Rights Commission address the breach of a conciliated agreement? Here’s my point of view.

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Breach of Conciliated Agreement Under Washington Law

When discrimination complaints are resolved through Washington’s administrative process, the parties may enter into a conciliated agreement approved by the Washington State Human Rights Commission (WSHRC). These agreements are designed to eliminate unlawful practices under the Washington Law Against Discrimination (WLAD), RCW 49.60*. But what happens if one party fails to honor the terms of that agreement?

WAC 162-08-109* addresses this issue by outlining the tools available to the Commission’s executive director when a conciliation agreement is breached; it states as follows:

WAC 162-08-109
Breach of conciliated agreement.

If an agreement and order for the elimination of an unfair practice made under RCW 49.60.240* is breached, the executive director may take action appropriate in the circumstances, including one or more of the following:

(1) Specific enforcement. Bringing an action in superior or district court for specific enforcement of the agreement, or for damages pursuant to the conciliation agreement;

(2) Setting aside. Recommending to the commissioners that the agreement and order be set aside, in whole or in part, and that the case be returned to the staff for renewed conference, conciliation and persuasion, or to be referred to commission counsel for hearing; or

(3) Report to prosecuting attorney. Reporting the violation to the appropriate prosecuting attorney for prosecution under RCW 49.60.310*.

WAC 162-08-109* (emphasis and paragraph formatting added).

Options Available to the Commission

Thus, if a party violates the agreement, the executive director may choose one or more of the following steps, depending on the circumstances:

1. Specific Enforcement in Court

The Commission may file an action in superior or district court to enforce the agreement. This could mean seeking a court order that compels compliance with the original terms, or pursuing damages that were provided for in the agreement.

2. Setting Aside the Agreement

The executive director may recommend that the Commissioners void the agreement, in whole or in part. If this occurs, the case can be reopened for further conciliation efforts, or it may be referred to the Commission’s legal counsel for a formal hearing.

3. Referral for Prosecution

In certain cases, the violation may be referred to the appropriate prosecuting attorney for enforcement under RCW 49.60.310*, which provides for criminal penalties in connection with violations of the WLAD.

Why This Rule Matters

For individuals, this rule ensures that entering into a conciliation agreement is not the end of the road—there is accountability if the other party fails to follow through. For attorneys, it highlights the importance of drafting and reviewing conciliation agreements carefully, since breach can lead to renewed litigation, enforcement actions, or even criminal referral.

In short, WAC 162-08-109* underscores that compliance with conciliation agreements is not optional. The Human Rights Commission has meaningful enforcement mechanisms to protect both the integrity of the process and the rights of the parties involved.

We invite you to read more of our articles related to this topic:

» Remedies for Breach of Conciliation Agreements*

» WSHRC: Objective of Conciliation

LEARN MORE

–gw

July 4, 2025September 11, 2025

WSHRC: Objective of Conciliation

Under the Washington State Administrative Code (hereinafter, “WAC”), what does the term “conciliation” mean when pursuing complaints through the Washington State Human Rights Commission (hereinafter, “WSHRC”)? Here’s my point of view.

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Understanding WAC 162-08-102: The Objective of Conciliation in Washington State Discrimination Law

When an allegation of discrimination arises under Washington’s Law Against Discrimination (WLAD), RCW 49.60*, one of the first tools employed by the Washington State Human Rights Commission (“Commission”) is conciliation. This process—grounded in WAC 162-08-102*—offers both legal professionals and the public insight into how the state prioritizes resolution of disputes in a way that not only halts discriminatory practices but also remedies their lingering effects.

The Regulatory Framework

The relevant Washington State Administrative Code* (“WAC”) states as follows:

WAC 162-08-102
Objective of conciliation.

The commission‘s staff in its endeavors to eliminate an unfair practice by conference, conciliation and persuasion under RCW 49.60.250* shall be guided by the purposes of the law against discrimination and by the policies and objectives of the commission, particularly as expressed in WAC 162-08-061*, 162-08-062* and 162-08-298*. Elimination of an unfair practice includes elimination of the effects of the unfair practice, as well as assurance of the discontinuance of the unfair practice.

WAC 162-08-102* (first & second hyperlinks added). This administrative regulation establishes that conciliation is not simply about stopping an unfair practice; it is about eliminating both the discriminatory conduct and its consequences. The regulation instructs the Commission’s staff to approach conciliation guided by:

• The purposes of the WLAD (ensuring equal opportunity and freedom from discrimination).

• The policies and objectives of the Commission, especially those articulated in related provisions:

– WAC 162-08-061* (Relationship of commission to complainant),

– WAC 162-08-062* (Concurrent remedies–Other remedies), and

– WAC 162-08-298* (Remedies).

By linking WAC 162-08-102* to these provisions, the regulation underscores that conciliation is not a mere formality—it is a central mechanism for enforcing civil rights protections in Washington.

What Conciliation Means in Practice

For attorneys representing clients, understanding the scope of conciliation is critical. The process typically involves:

1. Conference and Persuasion – Informal discussions between the Commission, complainant, and respondent to explore resolution.

2. Conciliation Agreements – Negotiated commitments by respondents to both cease the discriminatory conduct and remedy its effects (for example, reinstatement, back pay, or policy changes).

3. Forward-Looking Protections – Ensuring that the respondent adopts practices to prevent recurrence, often through training, monitoring, or systemic reforms.

Unlike private settlement agreements, Commission conciliation carries a public interest dimension: it is designed not just to resolve disputes between parties, but to advance the state’s broader mandate of eradicating discrimination.

Why the Distinction Matters

The language of WAC 162-08-102* makes clear that a successful conciliation must address two distinct goals:

• Stopping the discriminatory practice itself.

• Eliminating its ripple effects. For example, in an employment discrimination case, this could include back wages, seniority adjustments, or workplace reforms that restore the complainant’s position and opportunities.

For practitioners, this means conciliation is not just about negotiating a quick settlement—it is about ensuring structural and remedial relief consistent with the Commission’s objectives.

Implications for Legal Professionals and the Public

For Attorneys: Awareness of conciliation’s dual focus equips counsel to advise clients realistically about potential remedies and obligations. Respondents must be prepared to do more than simply “stop” a practice—they must also correct its consequences.

For the Public: The Commission’s emphasis on conciliation reflects a commitment to fairness. Individuals subjected to discrimination should know that the process aims not only to halt misconduct but also to restore their rights and opportunities.

Conclusion

WAC 162-08-102 reinforces that conciliation is more than compromise—it is corrective justice. By requiring elimination of both the practice and its effects, Washington’s regulatory framework ensures that conciliation serves as a meaningful tool in advancing the WLAD’s mission: a state free from discrimination.

We invite you to read more of our articles related to this topic:

» Remedies for Breach of Conciliation Agreements*

» The Intersection of WSHRC and EEOC*

» WA State Human Rights Commission Complaints

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

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

» WSHRC: Breach of Conciliated Agreement

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Procedure When None Is Specified

» WSHRC: Relationship of Commission to Complainant

» WSHRC: Withdrawal of Complaint

LEARN MORE

–gw

June 26, 2025June 26, 2025

Pre-Litigation Settlement Caps: EEOC vs. WSHRC

Does the United States Equal Employment Opportunity Commission (EEOC) and Washington State Human Rights Commission (WSHRC) enforce pre-litigation settlement caps? Here’s my point of view.

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Settling Employment Discrimination Claims: EEOC and WSHRC Settlement Caps

People who experience workplace discrimination often have the option to address their claims through federal or state agencies before filing a lawsuit.

NOTE: Individuals pursuing claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Age Discrimination in Employment Act must first exhaust the United States Equal Employment Opportunity Commission’s (EEOCs) administrative prerequisites before filing suit in court — this is mandatory, not optional.

In Washington State, two main agencies that handle these matters are the EEOC and the Washington State Human Rights Commission (WSHRC), which enforces state-level protections. A crucial question for those considering settlement through these agencies is whether any financial limits apply to the amount they can recover. The sections below take a closer look at whether such settlement caps exist in either forum.

1. U.S. Equal Employment Opportunity Commission (EEOC) Settlement Cap

The EEOC* plays a crucial role in handling discrimination claims under federal laws, including Title VII. It investigates claims of discrimination in employment based on race, color, religion, sex (including pregnancy, childbirth, or related conditions, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information

In terms of settlement, the EEOC does not impose a specific dollar cap for settlements that occur during its investigation or conciliation process. Instead, the agency facilitates settlement discussions between the claimant (charging party) and the employer (respondent). The settlement amount is generally determined through negotiation and mutual agreement between both parties, with the goal of resolving the dispute efficiently without proceeding to litigation.

However, there are guidelines that could influence the settlement amount:

Back Pay and Front Pay: Settlements may include financial compensation for lost wages (back pay) or future lost wages (front pay), depending on the circumstances of the case.

Compensatory Damages: Claimants may be eligible for compensatory damages for emotional distress, pain and suffering, and other non-economic losses. These damages are capped depending on the size of the employer’s business, as prescribed by the Civil Rights Act. See Punitive Damages, below.

Punitive Damages: Title VII allows for the recovery of punitive damages in cases of intentional discrimination with malice or reckless indifference. Such recoveries are–similar to compensatory damages–capped depending on the size of the employer’s business.

NOTE: Limits on Compensatory & Punitive Damages. There are limits on the amount of compensatory and punitive damages a person can recover. These limits vary depending on the size of the employer:

• For employers with 15-100 employees, the limit is $50,000.

• For employers with 101-200 employees, the limit is $100,000.

• For employers with 201-500 employees, the limit is $200,000.

• For employers with more than 500 employees, the limit is $300,000.

Attorney’s Fees, Expert Witness Fees, and Court Costs: A victim of discrimination also may be able to recover attorney’s fees, expert witness fees, and court costs.

While the EEOC does not impose a strict cap, settlement amounts in cases that the EEOC resolves are often guided by the circumstances of the claim and the financial situation of the employer.

2. Washington State Human Rights Commission (WSHRC) Settlement Cap

In Washington State, the WSHRC handles, inter alia, claims of employment discrimination under the Washington Law Against Discrimination (WLAD) — it is responsible for enforcing the WLAD. The WSHRC works similarly to the EEOC* but addresses claims under state law.

One notable difference, however, is that the WSHRC has specific caps for pain and suffering awards by administrative law judges (ALJ) under the WLAD. The maximum amount of damages that an appointed ALJ can award to an employment-discrimination claimant for humiliation and mental suffering is $20,000. See RCW 49.60.250(5)*. Moreover, based on my previous communications the WSHRC, even if the parties settle the claim before appointment of an ALJ, the maximum settlement amount a claimant can recover for pain and suffering in a WSHRC-administered settlement remains $20,000. This cap is part of the administrative process under the WLAD and applies specifically to settlements facilitated by the WSHRC before arbitration or filing a lawsuit.

That said, claimants who seek settlements beyond this $20,000 cap still have options. They can pursue private settlements outside of the WSHRC administrative process. In these cases, the parties involved may agree to a settlement that exceeds the WSHRC cap. However–based on my experience–the WSHRC will likely require the parties to report any such settlement to the WSHRC if the claims are still under active investigation by the agency. This reporting requirement ensures that the WSHRC is aware of the resolution, even if it falls outside the agency’s prescribed settlement limits.

Conclusion

Both the U.S. EEOC and the WSHRC provide opportunities for claimants to resolve employment discrimination disputes without proceeding to litigation, but the processes differ in key respects. While the EEOC does not impose a specific settlement dollar cap, settlements are guided by the nature of the claim and the employer’s financial capacity. In contrast, the WSHRC does have a cap for pain and suffering settlements, limiting them to $20,000 under the Washington Law Against Discrimination; claimants seeking to exceed this amount may still pursue private settlements, provided they comply with reporting requirements if the WSHRC is involved in the investigation.

READ OUR RELATED ARTICLES

We invite you to read more of our articles related to this topic:

» EEOC: The Notice of Right to Sue

» Title VII of the Civil Rights Act of 1964

» What is WA State’s Law Against Employment Discrimination?

» WSHRC: Organization and Operations

LEARN MORE

If you would like to learn more, then consider contacting an experienced employment 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

April 3, 2025April 3, 2025

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

February 1, 2025February 12, 2025

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.

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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.

January 17, 2025August 21, 2025

WSHRC: Protective Orders

Under the Washington State Administrative Code (hereinafter, “WAC”), what is the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulation concerning protective orders? Here’s my point of view.

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Understanding Protective Orders Under Washington’s Anti-Discrimination Law: A Closer Look at WAC 162-08-096

When people hear the term protective order, they often think of restraining orders in domestic violence cases. But in Washington State’s legal system, protective orders can also play a vital role in protecting sensitive information during legal investigations—especially in cases handled by the Washington State Human Rights Commission (WSHRC).

One such rule is WAC 162-08-096*, a regulation that gives the WSHRC the authority to protect individuals and businesses from unnecessary harm during the information-gathering process in discrimination investigations. This blog post breaks down what this rule means in plain English, why it matters, and how it may affect you if you’re involved in one of these proceedings.

What Is WAC 162-08-096?

WAC 162-08-096* is part of Washington’s administrative rules that guide how the WSHRC handles discrimination complaints. Specifically, this rule allows the chairperson of the Commission to issue protective orders—official directives that limit how certain information is shared or used during an investigation. The relevant law states as follows:

WAC 162-08-096
Protective orders.

(1) Upon motion by a party or by the person from whom information is sought pursuant to WAC 162-08-09501*, and for good cause shown, the chairperson of the commission may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense caused by revealing private information, or trade secrets, including all orders a court can make under CR 26(c).

(2) If a motion for a protective order is denied in whole or in part, the chairperson may, on such terms and conditions as are just, order that any party or person provide or permit information to be revealed subject to the provisions of WAC 162-08-097*.

(3) The chairperson may, on such terms and conditions as are just, grant a protective order sealing the produced documents pursuant to WAC 162-04-035*.

WAC 162-08-096*.

Protective orders are designed to prevent:

• Annoyance

• Embarrassment

• Oppression

• Undue burden or expense

These concerns may arise, for example, when sensitive personal information or trade secrets are requested by the Commission as part of a discrimination investigation.

When Can a Protective Order Be Requested?

A protective order under WAC 162-08-096* can be requested in two main ways:

1. By a party to the case – This could be the person who filed the discrimination complaint or the person or entity being accused.

2. By someone who’s being asked to provide information – Even if they’re not directly involved in the case.

The person requesting the order must show “good cause,” meaning a valid reason supported by facts. The chairperson then decides whether justice requires limiting how the information is disclosed.

What Can the Chairperson Do?

If the chairperson finds good cause, they can issue a protective order similar to those a judge can issue under civil court rules (specifically Civil Rule 26(c)*). These orders might:

• Restrict who can see the information.

• Limit how the information can be used.

• Require documents to be sealed (kept confidential).

• Prevent certain types of questions in a deposition.

• Allow disclosure only under specific conditions (e.g., only to attorneys).

The goal is to balance the need for a full investigation with the right to privacy or protection of confidential information.

What Happens If the Request Is Denied?

If the request for a protective order is denied in whole or in part, the chairperson may still set fair terms and conditions for how the information must be disclosed. In such cases, the party or person would still need to provide the requested information—but possibly under safeguards outlined in WAC 162-08-097*, which deals with confidentiality and limits on how that information is used.

Sealing Documents

The chairperson may also issue an order to seal documents, meaning they become part of the official file but are not available to the public. This is governed by a related rule: WAC 162-04-035*, which allows for keeping sensitive materials out of the public record if justice so requires.

Why This Matters

If you’re involved in a WSHRC investigation—whether you’re making a discrimination complaint, responding to one, or simply being asked to provide information—you have the right to ask for protection if the request invades your privacy or risks exposing confidential business information.

WAC 162-08-096* ensures that the fact-finding process doesn’t come at an unreasonable personal or professional cost. It’s one of the many ways Washington law aims to protect people from both discrimination and unnecessary harm during the process of addressing it.

Key Takeaway

WAC 162-08-096* gives individuals and businesses a tool to protect themselves from unfair exposure during discrimination investigations. If you’re facing a request for sensitive information in one of these cases, you may be able to ask for a protective order. Consulting an attorney familiar with Washington’s anti-discrimination laws can help you navigate this process and assert your rights effectively.

We invite you to read more of our articles related to this topic:

» WA State Human Rights Commission Complaints

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

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Procedure When None Is Specified

» WSHRC: Relationship of Commission to Complainant

» WSHRC: Withdrawal of Complaint

LEARN MORE

–gw

January 7, 2025November 6, 2025

WSHRC: Failure to Provide Information

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning failure to provide information? Here’s my point of view.

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When a Party Fails to Provide Information: Understanding WAC 162-08-097

In Washington State, the Washington State Human Rights Commission (WSHRC) plays a crucial role in enforcing anti-discrimination laws under the Washington Law Against Discrimination (WLAD), RCW 49.60*. To carry out investigations and hearings, the Commission must often request documents, testimony, and other evidence from individuals or organizations involved in a case. But what happens when a party refuses to provide the required information?

The answer lies in WAC 162-08-097*, titled “Failure to provide information.” This regulation outlines the Commission’s authority and process for compelling the production of information—essentially, its enforcement mechanism when cooperation breaks down.

1. Orders Compelling the Production of Information

Under subsection (1), the chairperson of the Commission has broad authority to issue orders similar to those a court can issue under Civil Rule (CR) 37(a)* — “including an order awarding expenses of the motion to compel production of information pursuant to WAC 162-08-09501*.” Thus, CR 37* governs motions to compel discovery in civil litigation, including the ability to require compliance and award expenses if a party refuses to cooperate.

This means that when a person or organization fails to provide documents or testimony during a Commission investigation or hearing, the Commission’s chairperson can issue an order compelling production—much like a court would do in a lawsuit.

The executive director of the Commission may request such an order by filing a motion with the chairperson. Before doing so, reasonable notice must be given to all affected parties. The procedure for filing and resolving the motion follows WAC 162-08-019*, which governs motion practice before the Commission.

If the dispute arises during testimony taken under oath—such as during a deposition—the party asking the question (the “proponent”) has the discretion to either continue the examination or pause it to seek an order compelling the answer.

2. Enforcing an Order in Court

Even after the Commission issues an order compelling production, a party might still refuse to comply. In that case, subsection (2) authorizes the Commission to enforce its order through the courts. Specifically, the matter can be referred to the Commission’s legal counsel, who may seek enforcement of the subpoena or order in Washington Superior Court.

This step ensures that the Commission’s authority has the backing of the judicial system—giving its orders real weight and ensuring that investigations and hearings are not obstructed by non-cooperation.

Implications

For individuals, this rule underscores the importance of cooperating with Commission investigations. Refusing to provide requested information can lead to formal orders and even court involvement.

For attorneys and employers, WAC 162-08-097* serves as a reminder that proceedings before the Commission are not informal or toothless. The Commission possesses quasi-judicial powers that mirror those of a court when it comes to discovery and compliance.

Ultimately, the regulation helps the WSHRC ensure fairness and efficiency in enforcing Washington’s civil rights laws—maintaining the integrity of the process for everyone involved.

In summary

WAC 162-08-097* gives the Washington State Human Rights Commission the authority to compel and enforce the production of information necessary for its investigations. If a party fails to cooperate, the Commission can issue an order similar to a court order under CR 37*—and, if needed, seek judicial enforcement in superior court.

This balance of administrative and judicial power ensures that discrimination investigations proceed fairly and without undue delay.

We invite you to read more of our articles related to this topic:

» WA State Human Rights Commission Complaints

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

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Relationship of Commission to Complainant

» WSHRC: Withdrawal of Complaint

LEARN MORE

–gw