Definitions Archives — LAW OFFICE OF GREGORY A. WILLIAMS

February 9, 2025February 19, 2025

Negligent Hiring (WA State)

Under Washington State laws, what is the tort of negligent hiring (a tort is a civil wrong, other than breach of contract, entitling the victim to remedies typically in the form of damages)? 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.)

Advertisement

NEGLIGENT HIRING IN WASHINGTON STATE

To successfully litigate an employment-based negligence claim, the plaintiff must establish the basic elements of negligence: duty; breach of duty; causation; and damages. In 2018, the Washington State Supreme Court established the test (“Test”) for negligent hiring of an employee by adopting the following formulation used by the Courts of Appeals:

[T]o hold an employer liable for negligently hiring … an employee who is incompetent or unfit, a plaintiff must show that the employer had knowledge of the employee’s unfitness or failed to exercise reasonable care to discover unfitness before hiring or retaining the employee.

Anderson v. Soap Lake Sch. Dist., 423 P.3d 197, 206 (Wash. 2018) (citing Scott v. Blanchet High Sch., 50 Wash. App. 37, 43, 747 P.2d 1124 (1987) ; see also Carlsen v. Wackenhut Corp., 73 Wash. App. 247, 252, 868 P.2d 882 (1994) (“To prove negligent hiring in Washington, the plaintiff must demonstrate that … the employer knew or, in the exercise of ordinary care, should have known, of its employee’s unfitness at the time of hiring.”)) (internal quotation marks omitted).

RESTATEMENT (SECOND) OF TORTS

In Anderson v. Soap Lake Sch. Dist., the Washington State Supreme Court determined that the Test “parallels the rule in the Restatement (Second) of Torts § 307 (Am. Law Inst. 1965):

It is negligence to use an instrumentality, whether a human being or a thing, which the actor knows or should know to be so incompetent, inappropriate, or defective, that its use involves an unreasonable risk of harm to others.

Anderson, 423 P.3d at 206.

NEGLIGENT HIRING VS. NEGLIGENT RETENTION

Negligent retention is also a Washington State tort (I will address this legal theory in a separate article). According to the Anderson Court:

The difference between negligent hiring and negligent retention is timing. Negligent hiring occurs at the time of hiring, while negligent retention occurs during the course of employment.

Id. (internal citation omitted) (emphasis added).

CONCLUSION

Under the tort of negligent hiring, a plaintiff may hold an employer liable “for negligently hiring … an employee who is incompetent or unfit if the plaintiff shows that the employer had knowledge of the employee’s unfitness or failed to exercise reasonable care to discover unfitness before hiring or retaining the employee.” Id.

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

» Negligent Retention (WA State)

» Negligent Supervision (WA State)

need help?

If you need legal help, 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.

February 6, 2025February 6, 2025

Definition of Because of Sex (Title VII)

Under Title VII of the Civil Rights Act of 1964, what is the definition of “because of sex”? 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.

Advertisement

TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

Title VII of the Civil Rights Act of 1964 (hereinafter, “Title VII”) is a vital federal law that protects certain individuals (including employees) against certain types of discrimination and retaliation; it also safeguards certain types of accommodations.

DISCRIMINATION AND PROTECTED CLASSES

Title VII outlaws discrimination against individuals on the basis of race, color, religion, national origin, or sex (including pregnancy and related conditions, sexual orientation, and gender identity). The law “also makes it unlawful to use policies or practices that seem neutral but have the effect of discriminating against people because of their race, color, religion, sex (including pregnancy and related conditions, sexual orientation, and gender identity), or national origin.” U.S. Department of Justice Website, Laws We Enforce* (last visited 1/10/23).

AGE & DISABILITY: Other federal laws protect against age discrimination (i.e., Age Discrimination in Employment Act or “ADEA”) and disability discrimination (i.e., Americans with Disabilities Act or “ADA”). However, this article will address solely Title VII.

RETALIATION

Retaliation against an individual who has reported discrimination, filed a charge of discrimination, or taken part in an employment discrimination investigation or litigation is likewise prohibited by Title VII.

REASONABLE ACCOMMODATIONS

Lastly, applicants’ and employees‘ genuinely held religious practices must be reasonably accommodated by employers under the legislation, unless doing so would put an undue burden on the employer‘s ability to conduct business.

SCOPE OF TITLE VII

Title VII applies to certain employers (both private and public with 15 or more employees), employment agencies, labor organizations, and training programs and makes it “unlawful to discriminate in any aspect of employment, including:

» Hiring and firing;
»Compensation, assignment, or classification of workers;
»Transfer, promotion, layoff, or recall;
»Job advertisements and recruitment;
»Testing;
»Use of employer facilities;
»Training and apprenticeship programs;
»Retirement plans, leave, and benefits; or
»Other terms and conditions of employment.

U.S. Department of Justice Website, Laws We Enforce* (last visited 1/10/23) (emphasis added). Certain Title VII terms are defined by law.

TITLE VII DEFINITION OF “BECAUSE OF SEX”

Title VII defines “because of sex” or “on the basis of sex” as follows:

42 U.S. Code § 2000e – Definitions

…

(k)The terms “because of sex” or “on the basis of sex” include, but are not limited to, because of or on the basis of pregnancy*, childbirth, or related medical conditions; and women affected by pregnancy*, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons* not so affected but similar in their ability or inability to work, and nothing in section 2000e–2(h)* of this title shall be interpreted to permit otherwise.

This subsection shall not require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term, or except where medical complications have arisen from an abortion: Provided, That nothing herein shall preclude an employer from providing abortion benefits or otherwise affect bargaining agreements in regard to abortion.

42 U.S.C. § 2000e(k)* (paragraph formatting and hyperlinks added). Victims of discrimination in violation of Title VII may seek enforcement through the United States Equal Employment Opportunity Commission.

ENFORCEMENT

“The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws[, including Title VII,] that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy and related conditions, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.” US E.E.O.C. Website, Overview* (last visited 1/10/23).

Learn more about filing a charge of discrimination with the EEOC* by visiting their official website*.

We invite you to read more of our related blog articles:

» EEOC: The Notice of Right to Sue

» Fair Employment Practice Agencies

» The Intersection of WSHRC and EEOC*

» Title VII of the Civil Rights Act of 1964

» Unlawful Employment Agency Practices (Title VII)

(*NOTE: The link will take the reader to our Williams Law Group Blog, an external website.)

need help?

If you need legal help, then consider contacting an experienced employment attorney to discuss your case; our law office litigates claims under the Washington Law Against Discrimination, Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. 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 23, 2025January 23, 2025

The Pari Materia Rule

Under Washington State canons of statutory construction, what is the Pari Materia Rule? Here’s my point of view.

Advertisement

CANONS OF CONSTRUCTION

A canon of construction is “[a] rule used in construing legal instruments, esp. contracts and statutes.” Black’s Law Dictionary 219 (8th ed. 2004) (emphasis added).

NOTE: “A frequent criticism of the canons [of construction], made forcefully by Professor Llewellyn many years ago, is that for every canon one might bring to bear on a point there is an equal and opposite canon. This is an exaggeration; but what is true is that there is a canon to support every possible result.” Id. (citing Richard A. Posner, The Federal Courts: Crisis and Reform 276 (1985)) (internal quotation marks omitted).

THE PARI MATERIA RULE: INTERPRETING CONFLICTING STATUTORY PROVISIONS

Legal statutes can sometimes be difficult to interpret, particularly when different sections of a law appear to contradict one another. In such cases, courts rely on certain principles of interpretation to clarify the law’s intent. One such principle is known as pari materia, a rule of construction used when two provisions within the same statute or related statutes seem to conflict. The rule states as follows:

Reading the statutes in parimateria the rule of construction applies, that as between two conflicting parts of a statute, that part latest in order of position will prevail, where the first part is not more clear and explicit than the last part.

Schneider v. Forcier, 67 Wn.2d 161, 164, 406 P.2d 935 (Wash. 1965) (internal citation omitted).

Thus, the pari materia rule states that, when conflicting provisions exist, the more recent one—meaning the provision that comes last in the text—should generally take precedence. However, there’s an important exception to this. If the earlier provision is more precise or clearer in its wording, then it may still outweigh the later provision. This ensures that the most unambiguous and straightforward part of the law is followed, even if it isn’t the most recent.

THE POLICY BEHIND THE RULE

The rationale behind this rule is based on the idea that legal texts evolve over time through amendments, updates, or revisions. As laws change, they may introduce new provisions that supersede older ones. However, if the latest change is unclear or in conflict with the earlier law, courts prioritize clarity and explicit meaning to maintain consistency and avoid confusion in the legal system.

In practice, this rule helps resolve contradictions in a way that reflects the likely intent of lawmakers, allowing the law to adapt to new circumstances while maintaining a logical structure. By applying pari materia, judges can ensure that the most recent and relevant expression of the law is given proper weight, unless it conflicts with the clear intent of previous provisions.

CONCLUSION

The pari materia rule is an essential tool for interpreting statutes that contain conflicting sections. By giving preference to the most recent provisions, while allowing earlier, clearer provisions to take precedence when necessary, it helps ensure that the law remains consistent, coherent, and true to its original intent. This rule strikes a balance between respecting legislative changes and honoring the clarity of earlier laws.

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 16, 2025January 16, 2025

Definition of Hearsay (WA State)

Under Washington State laws, what is the definition of hearsay? Here’s my point of view.

Advertisement

Definition of Hearsay (WA State)

In the legal profession, there are specific guidelines that dictate how evidence can be used and presented in court. One such guideline involves hearsay, a rule that is central to maintaining fairness and ensuring that the evidence admitted is credible. Washington State law generally follows the principle of excluding hearsay, though there are notable exceptions (NOTE: this article will not address those exceptions). A clear understanding of what hearsay entails, particularly in the context of Washington law, is crucial for litigators.

Rule 801: What Constitutes Hearsay?

In Washington State, Evidence Rule (ER) 801 defines hearsay as follows:

…

(c) Hearsay. “Hearsay” is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

ER 801(c)*. In simpler terms, this means that if someone is recounting what they heard or read from another person, that statement is generally regarded as hearsay. (NOTE: Within the ER 801 definition, the term “statement” means “(1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion.” Id.* And the term “declarant” means “a person who makes a statement.” Id.*)

example

Thus, Hearsay is essentially an out-of-court statement offered to prove the truth of what is being asserted. In other words, it involves a statement made outside the courtroom, brought into court to establish that the information in the statement is accurate. As a general rule, hearsay is typically not allowed in court due to its inherent unreliability. Since these statements are not made under oath or subjected to cross-examination, they do not undergo the same level of scrutiny as in-court testimony, which can raise questions about their accuracy.

For instance, if a witness testifies, “I overheard my co-worker John say he saw Manager Smith covertly sabotage the plaintiff’s work,” this would be considered hearsay. The purpose of the statement is to prove that manager Smith was indeed the individual that set up the plaintiff for failure. However, since co-worker John is not available to testify in person and be questioned, the statement is generally excluded as unreliable evidence under the hearsay rule.

How Washington State Handles Hearsay

Washington State follows the foundational principles of hearsay outlined in the state’s own Rules of Evidence (specifically Rule 801). These rules provide a structure for determining when a statement qualifies as hearsay and when exceptions to the rule might apply (again, this article does not address those exceptions).

Conclusion

In conclusion, hearsay is an important concept in Washington State law that helps maintain the reliability and fairness of legal proceedings. Defined under ER 801, hearsay refers to an out-of-court statement used to prove the truth of what is being claimed. Generally, hearsay is not allowed in court because it lacks the safeguards of being made under oath or subject to cross-examination; however, there are exceptions beyond the scope of this article. A clear understanding of this rule is essential for legal professionals to ensure only credible evidence is presented in court.

We invite you to read more of our related blog articles:

» Proving Discrimination: The Direct-Evidence Method

» The McDonnell Douglas Burden-Shifting Framework*

» Using Circumstantial Evidence to Prove Employment Discrimination

NEED HELP?

January 9, 2025January 9, 2025

Employment Law 101: Definition of Circumstantial Evidence (WA State)

Under Washington State laws, what is the definition of circumstantial evidence? Here’s my point of view.

Advertisement

CIRCUMSTANTIAL EVIDENCE (WA STATE)

The concept of circumstantial evidence plays an important role in establishing claims and defenses in workplace disputes. While many people are familiar with direct evidence–such as eyewitness testimony or a signed contract–circumstantial evidence can often be just as important in shaping the outcome of a case. In the context of Washington State employment law, understanding what circumstantial evidence is and how it is applied can be essential for both employers and employees navigating disputes.

general definition

Circumstantial evidence is defined as follows:

1. Evidence based on inference and not on personal knowledge or observation. — Also termed indirect evidence; oblique evidence. … 2. All evidence that is not given by eyewitness testimony.

Black’s Law Dictionary 595 (Deluxe 8th ed. 2004) (hyperlink added). Thus, circumstantial evidence refers to evidence that indirectly supports a fact or conclusion by inferring its existence from other facts or circumstances. Unlike direct evidence, which provides straightforward proof of a claim (e.g., a video recording of an event), circumstantial evidence relies on a chain of inferences that help establish a fact or raise a presumption about an event or situation.

circumstantial evidence in employment law

In Washington State, as in many other jurisdictions, circumstantial evidence is commonly used in employment law cases to support claims of wrongful termination, discrimination, retaliation, and other workplace-related issues. In the absence of direct evidence, circumstantial evidence can be pivotal in proving or disproving an employer‘s or employee‘s allegations.

example

For example, in cases of alleged wrongful termination, an employee might not have direct evidence (such as a text message explicitly stating the basis for termination) but can offer circumstantial evidence in support of their claim. This could include evidence such as a history of discriminatory comments, a pattern of different treatment between employees of different races, or the timing of the termination shortly after the employee filed a discrimination complaint — NOTE: these are only a few examples of circumstantial evidence that do not exhaust all possibilities or protected classes.

We invite you to read more of our related blog articles:

» Proving Discrimination: The Direct-Evidence Method

» The McDonnell Douglas Burden-Shifting Framework*

» Using Circumstantial Evidence to Prove Employment Discrimination

NEED HELP?

January 6, 2025January 7, 2025

Proving Discrimination: The Direct-Evidence Method

Under Washington State laws, what is the direct-evidence method (hereinafter, “Direct-Evidence Method”) of establishing a prima facie case of employment discrimination? Here’s my point of view.

Advertisement

EMPLOYMENT DISCRIMINATION — THE PRIMA FACIE CASE (2 OPTIONS)

In Washington State, “[a] plaintiff can establish a prima facie case [of employment discrimination] by either[:]

[1.] offering direct evidence of an employer’s discriminatory intent, or …

[2.] satisfying the McDonnell Douglas burden-shifting test* that gives rise to an inference of discrimination.

Alonso v. Qwest Communications Company, LLC*, 178 Wn.App 734, 743-44 (Div. 2 2013) (citing Kastanis v. Educ. Emps. Credit Union, 122 Wn.2d 483, 491, 859 P.2d 26, 865 P.2d 507 (1993)) (emphasis, paragraph formatting, and hyperlinks added).

THE DIRECT-EVIDENCE METHOD

The Direct-Evidence Method has two elements. “[A] plaintiff can establish a prima facie case by providing direct evidence that[:]

(1) the defendant employer acted with a discriminatory motive and

(2) the discriminatory motivation was a significant or substantial factor in an employment decision.

Id.* at 744 (citing Kastanis, 122 Wn.2d at 491) (paragraph formatting, hyperlink, and emphasis added).

THE 2ND ELEMENT: DISCRIMINATORY MOTIVATION WAS SIGNIFICANT/SUBSTANTIAL FACTOR

To satisfy the second element of the Direct-Evidence Method, the plaintiff–employee “must … [establish that] the discriminatory motive was a significant or substantial factor in an employment decision relating to … [plaintiff].” Id.* at 746 (referencing Kastanis, 122 Wn.2d at 491). This can be done by identifying associated adverse employment actions.

ADVERSE EMPLOYMENT ACTION

“An adverse employment action involves a change in employment conditions that is more than an inconvenience or alteration of one’s job responsibilities, such as reducing an employee’s workload and pay.” Id.* (citing Campbell v. State, 129 Wn.App. 10, 22, 118 P.3d 888 (2005), review denied, 157 Wn.2d 1002 (2006)). “A demotion or adverse transfer, or a hostile work environment, may also amount to an adverse employment action.” Id.* (citing Kirby v. City of Tacoma, 124 Wn.App. 454, 465, 98 P.3d 827 (2004), review denied, 154 Wn.2d 1007 (2005)) (hyperlink added).

EMPLOYER’S DISCRIMINATORY REMARKS GENERALLY CONSIDERED DIRECT EVIDENCE

Washington Courts “generally consider an employer’s discriminatory remarks to be direct evidence of discrimination.” Id.* (referencing Johnson v. Express Rent & Own, Inc., 113 Wn.App. 858, 862-63, 56 P.3d 567 (2002) (“reversing summary judgment based on supervisor’s ageist comments that plaintiff did not fit company’s image of a youthful, fit, ‘GQ’ looking mold”)).

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 2, 2025January 2, 2025

Definition of Quid Pro Quo Sexual Harassment

Under Washington State laws, what is the definition of quid pro quo sexual harassment? Here’s my point of view.

Advertisement

SEXUAL HARASSMENT (WA STATE)

“Sexual harassment claims have frequently been categorized as either ‘hostile work environment‘ or ‘quid pro quo harassment‘ in both state and federal courts.” Henningsen v. Worldcom, 102 Wn. App. 828, 835-36, 9 P.3d 948 (Div. I 2000) (hyperlink added) (internal citations omitted). Washington State courts continue to acknowledge quid pro quo as distinct from hostile work environment sexual harassment; this article will address solely quid pro quo harassment.

QUID PRO QUO SEXUAL HARASSMENT — DEFINED

Generally, quid pro quo sexual harassment is defined as follows:

Sexual harassment in which the satisfaction of a sexual demand is used as the basis of an employment decision. • This type of harassment might occur, for example, if a boss fired or demoted an employee who refused to go on a date with the boss.

Black’s Law Dictionary 1407 (Deluxe 8th ed. 2004) (internal citations omitted).

HOSTILE WORK ENVIRONMENT VS. QUID PRO QUO SEXUAL HARASSMENT — WA STATE

Hostile Work Environment

“In the typical hostile work environment case, an employee seeks damages from an employer for being subjected to unwelcome sexual harassment at work that ‘affected the terms or conditions of employment[.]'” Henningsen, 102 Wn. App. at 836 (hyperlinks added) (alteration in original) (internal citation omitted).

Quid Pro Quo

“In the typical quid pro quo harassment case, an employee seeks damages from an employer for a supervisor or employer’s extortion or attempted extortion of sexual favors in exchange for a job benefit or the absence of a job detriment.” Id. (hyperlinks added) (internal citation omitted).

We invite you to read more of our related blog articles:

» Definition of Sex (WLAD)

» Sexual Harassment in the Workplace

» Sexual Harassment Policy Requirements for Specific WA Employers

» The Silenced No More Act (WA State)*

(*NOTE: The link will take the reader to our Williams Law Group Blog, an external website.)

NEED HELP?

December 19, 2024August 6, 2026

How Lawyers Utilize Deductive and Inductive Reasoning

How do lawyers utilize deductive and inductive reasoning in the practice of law? Here’s my point of view.

Advertisement

DEDUCTIVE AND INDUCTIVE REASONING

Logic is an indispensable tool for lawyers in the practice of law. Deductive and inductive reasoning are forms of logic. Both forms must comply with strict principles of validity.

DEDUCTIVE REASONING (general to specific)

Deductive reasoning is a way of thinking that starts with a general statement or idea and works its way down to a specific conclusion. In simple terms, it’s like using a rule to figure out something particular. For example, if you know that all dogs are mammals (general rule/idea) and you see an animal that is a dog (specific case), you can conclude that this animal is a mammal.

Lawyers use deductive reasoning every day. They take the facts of a case and apply the law to those facts. Here’s how it works:

1. General Principle (Law): A law or rule that applies to a situation. For instance, “Anyone who steals can be charged with theft.”

2. Specific Facts (Case Details): The details of the case, like “John was caught taking something from a store without paying.”

3. Conclusion: By applying the law to the facts, a lawyer can conclude that John has ostensibly broken the law and may face theft charges.

INDUCTIVE REASONING (specific to general)

Lawyers are problem-solvers, and another tool they often use is inductive reasoning. This type of reasoning allows them to make decisions and form conclusions based on specific facts or examples.

Inductive reasoning is when a lawyer looks at a few specific facts or observations and then uses them to form a general conclusion. For example, if a lawyer sees that certain evidence has helped win several similar cases, they may decide it could help in their current case too.

Inductive reasoning is crucial for lawyers because it helps them make decisions based on real-life examples and facts. By recognizing patterns and drawing conclusions, lawyers can create better strategies, strengthen their arguments, and even anticipate challenges during a case.

CONCLUSION

Deductive reasoning is an essential tool for lawyers. It helps them think logically, structure their arguments, and present their case in a way that’s easy for judges and juries to understand. By applying the law to the facts of a case, lawyers can draw conclusions that support their argument, making it easier to win cases and ensure justice is served. Whether they are defending a client or prosecuting a crime, deductive reasoning is the key to turning the law into real-world outcomes.

In the practice of law, inductive reasoning is also a valuable tool. It helps lawyers build strong arguments by examining facts, analyzing patterns, and predicting outcomes. By using inductive reasoning, lawyers can make smarter decisions and more effectively represent their clients.

Read Our Related Articles

» Law & Logic: Ad Hominem

» Law & Logic: Argumentum Ad Antiquitam (Appeal to Tradition)

» Law & Logic: Argumentum Ad Baculum (Appeal to Force)

» Law & Logic: Argumentum Ad Populum

» Law & Logic: Argumentum Ad Vercundiam (Appeal to Authority)

» Law & Logic: Confirmation Bias & Sunk Cost Fallacy

» Law & Logic: Cum Hoc Ergo Propter Hoc (False Cause)

» Law & Logic: Halo Effect and Gambler’s Fallacy

» Law & Logic: Ignoratio Elenchi (Irrelevant Conclusion)

» Law & Logic: Petitio Principii (Circular Reasoning)

» Law & Logic: Proper Reasoning (Valid Logic)

» Law & Logic: The False Compromise

» Law & Logic: The Straw Man Fallacy

need help?

December 5, 2024

Definition of State (Title VII)

Under Title VII of the Civil Rights Act of 1964, what is the definition of the term “State”? Here’s my point of view.

Advertisement

TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

DISCRIMINATION AND PROTECTED CLASSES

RETALIATION

REASONABLE ACCOMMODATIONS

SCOPE OF TITLE VII

U.S. Department of Justice Website, Laws We Enforce* (last visited 1/10/23) (emphasis added). Certain Title VII terms are defined by law.

TITLE VII DEFINITION OF “STATE”

Title VII defines the term “State” as follows:

42 U.S. Code § 2000e – Definitions

…

(i)The term “State” includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act* [43 U.S.C. 1331* et seq.].

42 U.S.C. § 2000e(i)* (emphasis added). Victims of discrimination in violation of Title VII may seek enforcement through the United States Equal Employment Opportunity Commission.

ENFORCEMENT

Learn more about filing a charge of discrimination with the EEOC* by visiting their official website*.

We invite you to read more of our related blog articles:

» EEOC: The Notice of Right to Sue

» Fair Employment Practice Agencies

» The Intersection of WSHRC and EEOC*

» Title VII of the Civil Rights Act of 1964

» Unlawful Employment Agency Practices (Title VII)

(*NOTE: The link will take the reader to our Williams Law Group Blog, an external website.)

need help?

October 31, 2024November 4, 2024

The Hate Crime Offense (WA State)

Under Washington State laws, what is the hate crime offense? 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 external 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.)

Advertisement

The Hate Crime Offense (WA State)

In Washington State, “[a] person is guilty of a hate crime offense if the person maliciously and intentionally commits one of the following acts because of their perception of another person’s race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or mental, physical, or sensory disability:

(a) Assaults another person;

(b) Causes physical damage to or destruction of the property of another; or

(c) Threatens a specific person or group of persons and places that person, or members of the specific group of persons, in reasonable fear of harm to person or property.

The fear must be a fear that a reasonable person would have under all the circumstances. For purposes of this section, a “reasonable person” is a reasonable person who is a member of the victim’s race, color, religion, ancestry, national origin, gender, or sexual orientation, or who has the same gender expression or identity, or the same mental, physical, or sensory disability as the victim.

Words alone do not constitute a hate crime offense unless the context or circumstances surrounding the words indicate the words are a threat. Threatening words do not constitute a hate crime offense if it is apparent to the victim that the person does not have the ability to carry out the threat.

RCW 9A.36.080(1)* (emphasis and paragraph formatting added). For purposes of this article, the above law may also be referred to as “subsection (1).”

NOTE: “It is not a defense that the accused was mistaken that the victim was a member of a certain race, color, religion, ancestry, national origin, gender, or sexual orientation, had a particular gender expression or identity, or had a mental, physical, or sensory disability.” RCW 9A.36.080(3)*.

A Class C Felony

“Commission of a hate crime offense is a class C felony.” RCW 9A.36.080(7)*. And the associated penalties “do not preclude the victims from seeking any other remedies otherwise available under law.” See RCW 9A.36.080(8)*.

Definitions

For the purposes of the hate crime offense, the following definitions apply:

(a) “Gender expression or identity” means having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth.

(b) “Sexual orientation” means heterosexuality, homosexuality, or bisexuality.

(i) Cause bodily injury immediately or in the future to the person threatened or to any other person; or

(ii) Cause physical damage immediately or in the future to the property of a person threatened or that of any other person.

RCW 9A.36.080(6)*.

Prosecution — Permissible Inferences

“In any prosecution for a hate crime offense, unless evidence exists which explains to the trier of fact’s satisfaction that the person did not intend to threaten the victim or victims, the trier of fact may infer that the person intended to threaten a specific victim or group of victims because of the person’s perception of the victim’s or victims’ race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or mental, physical, or sensory disability if the person commits one of the following acts:

(a) Burns a cross on property of a victim who is or whom the actor perceives to be of African American heritage;

(b) Defaces property of a victim who is or whom the actor perceives to be of Jewish heritage by defacing the property with a Nazi emblem, symbol, or hakenkreuz;

(c) Defaces religious real property with words, symbols, or items that are derogatory to persons of the faith associated with the property;

(d) Places a vandalized or defaced religious item or scripture on the property of a victim who is or whom the actor perceives to be of the faith with which that item or scripture is associated;

(e) Damages, destroys, or defaces religious garb or other faith-based attire belonging to the victim or attempts to or successfully removes religious garb or other faith-based attire from the victim’s person without the victim’s authorization; or

(f) Places a noose on the property of a victim who is or whom the actor perceives to be of a racial or ethnic minority group.

RCW 9A.36.080(2)*. “This subsection only applies to the creation of a reasonable inference for evidentiary purposes. This subsection does not restrict the state’s ability to prosecute a person under subsection (1) of this section when the facts of a particular case do not fall within (a) through (f) of this subsection.” Id.

Scope

Nothing under the relevant law–RCW 9A.36.080* (Hate crime offense—Definition and criminal penalty)–“confers or expands any civil rights or protections to any group or class identified under this section, beyond those rights or protections that exist under the federal or state Constitution or the civil laws of the state of Washington.” RCW 9A.36.080(9)*.

Conclusion

In conclusion, Washington State’s approach to hate crimes underscores a commitment to protecting individuals from acts of violence and intimidation rooted in bias against their identity. By defining hate crimes and outlining specific behaviors that constitute such offenses, the law aims to foster a safer environment for all residents. The recognition of various forms of discrimination, from race and religion to gender identity and disability, reflects a broader societal effort to combat prejudice and promote inclusivity. Furthermore, the legal provisions not only establish criminal penalties but also ensure that victims retain the right to seek additional remedies, reinforcing the state’s dedication to justice and equality. As communities continue to navigate issues of hate and discrimination, these laws serve as vital tools in the fight against intolerance.

need help?

If you need help with your employment issue, then consider a consultation with an experienced employment discrimination 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

NEGLIGENT HIRING IN WASHINGTON STATE

RESTATEMENT (SECOND) OF TORTS

NEGLIGENT HIRING VS. NEGLIGENT RETENTION

CONCLUSION

RELATED ARTICLES

need help?

TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

DISCRIMINATION AND PROTECTED CLASSES

RETALIATION

REASONABLE ACCOMMODATIONS

SCOPE OF TITLE VII

TITLE VII DEFINITION OF “BECAUSE OF SEX”

ENFORCEMENT

READ MORE

need help?

CANONS OF CONSTRUCTION

THE PARI MATERIA RULE: INTERPRETING CONFLICTING STATUTORY PROVISIONS

THE POLICY BEHIND THE RULE

CONCLUSION

LEARN MORE

Definition of Hearsay (WA State)

Rule 801: What Constitutes Hearsay?

example

How Washington State Handles Hearsay

Conclusion

READ MORE

NEED HELP?

CIRCUMSTANTIAL EVIDENCE (WA STATE)

general definition

circumstantial evidence in employment law

example

READ MORE

NEED HELP?

EMPLOYMENT DISCRIMINATION — THE PRIMA FACIE CASE (2 OPTIONS)

THE DIRECT-EVIDENCE METHOD

THE 2ND ELEMENT: DISCRIMINATORY MOTIVATION WAS SIGNIFICANT/SUBSTANTIAL FACTOR

ADVERSE EMPLOYMENT ACTION

EMPLOYER’S DISCRIMINATORY REMARKS GENERALLY CONSIDERED DIRECT EVIDENCE

LEARN MORE

SEXUAL HARASSMENT (WA STATE)

QUID PRO QUO SEXUAL HARASSMENT — DEFINED

HOSTILE WORK ENVIRONMENT VS. QUID PRO QUO SEXUAL HARASSMENT — WA STATE

Hostile Work Environment

Quid Pro Quo

READ MORE

NEED HELP?

DEDUCTIVE AND INDUCTIVE REASONING

DEDUCTIVE REASONING (general to specific)

INDUCTIVE REASONING (specific to general)

CONCLUSION

Read Our Related Articles

need help?

TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

DISCRIMINATION AND PROTECTED CLASSES

RETALIATION

REASONABLE ACCOMMODATIONS

SCOPE OF TITLE VII

TITLE VII DEFINITION OF “STATE”

ENFORCEMENT

READ MORE

need help?

The Hate Crime Offense (WA State)

A Class C Felony

Definitions

Prosecution — Permissible Inferences

Scope

Conclusion

need help?