Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning a party’s voluntary dismissal? 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 Voluntary Dismissal Under WAC 162-08-268
In Washington State, parties involved in discrimination cases before the Washington State Human Rights Commission (WSHRC) sometimes choose to withdraw their claims or end their participation in an administrative proceeding. WAC 162-08-268*, titled Voluntary Dismissal, outlines how and when a party may do so—and what legal consequences follow.
1. Dismissal Before the Hearing
Before a hearing begins, the Commission or any party supporting the complaint (hereinafter, “complainant”) may voluntarily dismiss their case or specific claims by filing and serving written notice. See WAC 162-08-268(1)*. This step effectively withdraws those issues from consideration. See id. The only exception applies to cases involving alleged unfair practices in real estate transactions, which are governed by separate rules. See id.
2. Dismissal After the Hearing Has Started
Once a hearing has commenced, the Commission or a complainant may move for voluntary dismissal of the complainant’s case or claim(s) therein; thus, a formal motion is required. See WAC 162-08-268(2)*. If the motion is made before the complainant finishes presenting its opening case, the administrative law judge (ALJ) must grant the dismissal as a matter of right. See id. However, if the motion is made after the complainant has rested, dismissal is discretionary—the ALJ may allow it only for “good cause” and may impose appropriate terms or conditions. See id.
Again, the only exception applies to cases involving alleged unfair practices in real estate transactions, which are governed by separate rules. See id.
3. Legal Effect of a Voluntary Dismissal
Importantly, a voluntary dismissal does not decide the case on the merits. See WAC 162-08-268(2)*. It merely ends the administrative proceeding for the dismissed claim or complainant. See id. The dismissed complainant may still pursue their claims in another forum—such as superior court—if permitted by law and filed within the required time limits. See id.
A dismissal of one claim does not affect any remaining claims, and one complainant’s dismissal does not automatically remove other complainants from the case. See id. However, if the Commission takes a voluntary dismissal of the case in support of the complaint the entire case is closed—”unless the complainant has appeared independently under WAC 162-08-261* or another party has intervened on the complainant’s side pursuant to WAC 162-08-288(4)*, in which circumstance the hearing shall proceed with the remaining parties.” Id.
4. iMPLICATIONS
For complainants and counsel, WAC 162-08-268* provides flexibility to reassess strategy mid-process. Whether to dismiss depends on procedural posture, alternative remedies, and timing. Because dismissal is not a ruling on the merits, parties who wish to pursue their claims in court can generally do so—so long as they act promptly and within statutory deadlines.
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Under the Washington Law Against Discrimination (WLAD), RCW 49.60, how does one establish a disability-based hostile work environment case via circumstantial evidence? Here’s my point of view.
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THE PRIMA FACIE CASE: DISABILITY-BASED HOSTILE WORK ENVIRONMENT VIA CIRCUMSTANIAL EVIDENCE
To establish a disability-based hostile work environment case via circumstantial evidence, a plaintiff must first establish a prima facie case by proving:
(1) that the plaintiff was disabled within the meaning of the antidiscrimination statute[, WLAD],
To establish that the harassment was unwelcome, “the plaintiff must show that he or she ‘did not solicit or incite it’ and viewed it as ‘undesirable or offensive.'” Id. (citing Glasgow v. Georgia-Pac. Corp., 103 Wn.2d 401, 406, 693, P.2d 708 (Wash. 1985)) (hyperlink added).
THIRD ELEMENT (BECAUSE OF DISABILITY)
To establish that the harassment was “because of disability,” requires “[t]hat the disability of the plaintiff-employee be the motivating factor for the unlawful discrimination.” Id. at 46 (citing Glasgow, 103 Wash.2d at 406, 693 P.2d 708)) (alteration in original). This element requires a nexus between the specific harassing conduct and the particular injury or disability. Id.
FOURTH ELEMENT (TERMS & CONDITIONS OF EMPLOYMENT)
To establish that the harassment affected the terms and conditions of employment, “the harassment must be sufficiently pervasive so as to alter the conditions of employment and create an abusive working environment.” Id. at (citing Glasgow, 103 Wash.2d at 406, 693 P.2d 708)).
“[A] satisfactory finding on this element should indicate “that the conduct or language complained of was so offensive or pervasive that it could reasonably be expected to alter the conditions of plaintiff’s employment.'” Id. (citing 6A WASHINGTON PATTERN JURY INSTRUCTIONS: CIVIL 330.23, at 240) (alteration in original).
FIFTH ELEMENT (IMPUTABLE TO EMPLOYER)
To impute harassment to an employer, “the jury must find either that[:]
(1) an owner, manager, partner or corporate officer personally participate[d] in the harassment or that
(2) the employer … authorized, knew, or should have known of the harassment and failed to take reasonably prompt adequate corrective action.”
Id. at 47 (internal citation and quotation marks omitted) (second alteration in original) (paragraph formatting added).
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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.
Title 42 of the United States Code § 1981 (“Section 1981” or “§ 1981”) is a cornerstone of civil rights law, ensuring equal treatment for all individuals in the U.S., regardless of race. It primarily protects the right to make and enforce contracts–which includes “the enjoyment of all benefits, privileges, terms and conditions of the contractual relationship”–ensuring that people of all racial backgrounds can participate equally in legal and business affairs. 42 U.S.C. § 1981*. The relevant law states as follows:
42 U.S. Code § 1981 – Equal rights under the law
(a) Statement of equal rights
All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
(b) “Make and enforce contracts” defined
For purposes of this section, the term “make and enforce contracts” includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.
(c) Protection against impairment
The rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law.
In the employment context, § 1981 “bars employers from discriminating and retaliating against employees based on the employee’s race[.]” Tank v. T-Mobile USA, Inc., 758 F.3d 800, 805 (7th Cir. 2014); see Surrell v. California Water Serv. Co., 518 F.3d 1097, 1103 (9th Cir. 2008) (“[Section] 1981 prohibits discrimination in the ‘benefits, privileges, terms and conditions’ of employment.”) (citing 42 U.S.C. § 1981(b)) (other citation omitted). Thus, Section 1981 specifically prohibits racial discrimination. Jones v. Bechtel, 788 F.2d 571, 574 (9th Cir. 1986).
Equal Rights in Contracts and Legal Matters
Section 1981 guarantees that everyone has the same rights as white citizens to engage in contracts, participate in legal proceedings, and receive legal protections. This includes the ability to sue, give evidence, and ensure the safety of one’s person and property, free from racial discrimination.
Scope of “Making and Enforcing Contracts”
The law goes beyond just the signing of agreements. It covers the entire process of creating, performing, modifying, and terminating contracts. The statute ensures that individuals can enjoy the same benefits and terms within a contractual relationship, regardless of their race or ethnicity.
Protection Against Discrimination
Section 1981 prohibits both governmental and private entities from discriminating based on race in contractual and legal matters. This means individuals are protected from racial bias not only by government actions but also by private employers, businesses, and organizations.
Conclusion
In sum, 42 U.S. Code Section 1981 plays a vital role in ensuring racial equality in contractual and legal rights, supporting fair treatment for all individuals in the U.S. It is an essential tool for protecting civil rights and promoting an equitable society.
FAQ: What are the elements of Failure to Provide Reasonable Accommodations in WA State?
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What are the elements of Failure to Provide Reasonable Accommodations in WA State?
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.
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Title VII (9th Circuit): Hostile Work Environment (Harassment) May Form the Basis for Retaliation Claims
The Ninth Circuit* recognizes that a “hostile work environment may be the basis for a retaliation claim under Title VII” since “[h]arassment . . . is the paradigm of ‘adverse treatment that is based on retaliatory motive and is reasonably likely to deter the charging party or others from engaging in protected activity.’” Ray v. Henderson, 217 F.3d 1234, 1244-45 (9th Cir. 2000) (quoting EEOC Compliance Manual ¶ 8008) (hyperlinks added). Under either theory, “[h]arassment is actionable only if it is ‘sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.’” Id. at 1245 (quoting Harris v. Forklift Systems, Inc., 510 U.S. 17, 21 (1993)).
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.
Why is the idiom “playing the race card” harmful for employment-discrimination victims? Here’s my point of view.
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Why “Playing the Race Card” Is a Harmful Idiom—and Shouldn’t Deter Employees in Washington State from Seeking Justice
In today’s workplaces, discussions about race and discrimination remain highly sensitive—and sometimes even controversial. Unfortunately, one phrase often used to undermine these conversations is the idiom “playing the race card.” Though it may seem like a casual expression, this phrase carries derogatory connotations and can have a chilling effect on individuals experiencing racial discrimination.
For employees in Washington State facing unfair treatment based on race, it’s essential to understand that seeking legal help is not only your right—it can be a necessary step in protecting yourself and improving workplace equity for everyone.
The Problem with “Playing the Race Card”
At its core, the idiom “playing the race card” implies that someone is opportunistically or manipulatively invoking their race to gain an advantage or excuse poor behavior. This notion casts doubt on the legitimacy of racial discrimination claims and frames the accuser as disingenuous.
This phrase is problematic for several reasons:
1. It Delegitimizes Genuine Concerns: Using this idiom suggests that raising concerns about racism is inherently suspect or dishonest. This mindset undermines the very real, and often well-documented, existence of racial bias in employment decisions such as hiring, promotions, compensation, and termination.
2. It Discourages Reporting: When people fear being accused of “playing the race card,” they may hesitate to come forward with valid claims. This reluctance allows discriminatory practices to persist unchecked.
3. It Perpetuates Systemic Inequality: Framing race-based complaints as exaggerated or attention-seeking minimizes the systemic nature of racism and prevents meaningful dialogue or change.
Know Your Rights in Washington State
Washington State has some of the strongest anti-discrimination laws in the country. Under both state and federal law, it is illegal for an employer to discriminate against an employee or job applicant based on certain protected classes including, but not limited to, race.
If you believe that your employer has treated you unfairly because of your race, you have the right to file a complaint and pursue legal recourse. This may include:
The Washington Law Against Discrimination (WLAD) provides legal protection for workers and allows victims to seek remedies such as reinstatement, back pay, front pay, emotional distress damages, and attorney’s fees.
Why Speaking to an Employment Attorney Matters
Racial discrimination in the workplace is not always blatant. It can take subtle forms—like being passed over for promotions, consistently receiving worse assignments, or enduring offhand remarks that create a hostile environment. An experienced employment attorney can help assess your situation, gather evidence, and advise you on the best path forward.
Crucially, consulting a lawyer sends a clear message: you are not “playing” at anything—you are asserting your legal rights under the law.
Moving Beyond the Stigma
Challenging racial bias isn’t easy, and it often comes with emotional and professional risks. But phrases like “playing the race card” should not be allowed to shame or silence those who have the courage to speak out.
If you’re experiencing discrimination in your workplace, know that your concerns are valid. You don’t have to tolerate unfair treatment, and you’re not alone. Protect your rights. Seek legal guidance. And remember: justice begins with the decision to stand up and be heard.
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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 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
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.
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WHY SOME EMPLOYERS UNLAWFULLY DISCRIMINATE AGAINST EMPLOYEES
Why do some employers unlawfully discriminate against their employees? Here’s my point of view.
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Why Employers Might Unlawfully Discriminate Against Their Employees — And Why It Matters
In the modern workplace, anti-discrimination laws have made significant strides in protecting individuals from unfair treatment based on race, gender, age, religion, disability, national origin, and other protected characteristics. Despite this progress, workplace discrimination remains a persistent issue. Understanding why employers might engage in discriminatory practices — even in violation of clear legal standards — is critical for legal professionals, HR personnel, and compliance officers alike.
1. Implicit Bias and Stereotyping
Discrimination in the workplace often stems not from overt prejudice, but from unconscious biases—automatic associations and assumptions that can shape decisions without the decision-maker even realizing it. For instance, a supervisor might instinctively view men as more suitable for leadership roles or assume that older employees struggle with new technology. Though these biases may never be expressed aloud, they can influence important employment outcomes such as hiring, promotions, and disciplinary actions, often disadvantaging individuals in legally protected groups.
Legal Considerations:
Courts are increasingly acknowledging the role of implicit bias in employment discrimination cases, especially where patterns of unequal treatment or adverse impact are evident. Under laws like the Washington Law Against Discrimination (WLAD), evidence of unconscious bias can support claims of unlawful discrimination—even in the absence of direct or intentional misconduct.
2. Cultural “Fit” and the Homogeneity Trap
Hiring for “cultural fit” is a popular concept in many organizations, especially startups and smaller companies. However, this term can become a euphemism for maintaining homogeneity. Employers may, intentionally or not, exclude candidates who don’t mirror the dominant demographics or communication styles of existing teams.
While the desire for team cohesion is understandable, when “fit” becomes a code word for race, age, gender similarity, or other protected class, the legal exposure increases. Courts and agencies like the Washington State Human Rights Commission (WSHRC) and U.S. EEOC scrutinize these practices for violation of associated employment-discrimination laws.
3. Economic Rationalizations
Some employers make decisions based on economic stereotypes — for example, assuming women are more likely to take maternity leave, or older workers will demand higher salaries or retire soon. These assumptions can result in discrimination cloaked in cost-saving rhetoric.
Another subtle driver of discrimination is the perceived preference of customers, clients, or even coworkers. For instance, an employer might believe that customers prefer to be served by younger, able-bodied, or white employees — and act accordingly.
Both the WLAD and associated Federal law is clear: employers cannot base employment decisions on customer preferences if those preferences reflect discriminatory bias based on protected class. The WLAD, Title VII, and related statutes do not carve out exceptions for such customer prejudices, no matter how commercially persuasive they might seem.
5. Inadequate Training and Compliance Infrastructure
In some cases, discrimination arises from negligence rather than malice. Employers may lack proper training, or they may fail to implement strong compliance programs that prevent bias from creeping into decision-making. This lack of oversight can result in systematic discrimination that violates state laws — even when no single person intends harm.
The legal lesson is clear: intent is not always required for liability. Under state-based disparate impact theories, a neutral policy or practice that disproportionately harms a protected class can trigger legal consequences, regardless of motive.
6. Combating Discrimination Proactively
For employers, the risk of litigation, reputational damage, and financial penalties should be motivation enough to root out discriminatory practices. For attorneys and compliance professionals, understanding these underlying causes can guide better training, policy design, and internal investigations.
Proactive strategies include but are not limited to:
• Mandatory implicit bias training for hiring managers; • Structured interviews and standardized evaluations; • Diversity audits and statistical monitoring; • Clear, well-enforced anti-discrimination policies.
Conclusion
Discrimination against protected classes is rarely as blatant as it once was — but it is no less real. Whether driven by unconscious bias, flawed business logic, or misplaced priorities, discriminatory practices persist in ways that can expose employers to serious legal risk. Legal professionals must remain vigilant, not only in litigating claims but also in helping organizations recognize and eliminate the subtle forces that sustain inequality.
And for those Washington State employers that fail to heed these warnings: You may find me as opposing counsel in a lawsuit against your organization.
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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.
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.
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.
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.
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.
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.
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.
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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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).
TITLE VII DEFINITION OF “DEMONSTRATES”
Title VII defines the term “demonstrates” as follows:
…
(m) The term “demonstrates” means meets the burdens of production and persuasion.
“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).
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.
FAQ: What are the elements of Disparate Impact in WA State?
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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FAQ: What are the elements of Disparate Impact in WA State?
answer:
The Washington State Supreme Court “has held that the WLAD [(Washington Law Against Discrimination]) creates a cause of action for disparate impact.” Kumar v. Gate Gourmet, Inc., 180 Wn.2d 481, 503, 325 P.3d 193 (Wash. 2014) (citing E-Z Loader Boat Trailers, Inc. v. Travelers Indem. Co., 106 Wn.2d 901, 909, 726 P.2d 439 (1986)) (hyperlinks added).
Id. at 503 (citing Oliver v. P. Nw. Bell Tel. Co., 106 Wn.2d 675, 679, & n.1, 724 P.2d 1003 (1986)) (internal citation omitted) (paragraph formatting added).
WLAD REMEDIES
Victims of discrimination in violation of the WLAD may seek generous remedies. “Any person deeming himself or herself injured by any act in violation of … [the Washington Law Against Discrimination] shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys’ fees or any other appropriate remedy authorized by this chapter* or the United States Civil Rights Act of 1964* as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601* et seq.).” RCW 49.60.030(2)*.
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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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.
“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).
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.
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: 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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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)).
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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.
FAQ: Can you prove employment discrimination without direct evidence?
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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Can you prove employment discrimination without direct evidence?
STEP 1*: The “plaintiff bears the initial burden of establishing a prima facie case of discrimination, which creates a presumption of discrimination.” Scrivener v. Clark College*, 181 Wn.2d 439, 446, 334 P.3d 541, (2014) (citing Riehl v. Foodmaker, Inc., 152 Wn.2d 138, 149-50; Kastanis v. Educ. Emps. Credit Union, 122 Wn.2d 483, 490, 859 P.2d 26, 865 P.2d 507 (1993)) (internal citations and quotation marks omitted) (emphasis & hyperlink added).
STEP 3*: “[I]f the defendant meets this burden, the plaintiff must produce sufficient evidence showing that the defendant’s alleged nondiscriminatory reason for the adverse employment action was a pretext*.” Id.* (internal citations omitted) (emphasis & hyperlink added).
Under the Washington Law Against Discrimination (WLAD), RCW 49.60, what criteria do courts use to determine whether workplace harassment is sufficiently pervasive so as to alter the terms and conditions of employment? 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.
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HOSTILE WORK ENVIRONMENT (WA STATE): THE PRIMA FACIE CASE
“To establish a prima facie hostile work environment claim, a plaintiff must show the following four elements:
Loeffelholz v. University of Washington*, 175 Wn.2d 264, 275 (Wash. 2012) (internal citations and quotation marks omitted) (alteration in original) (emphasis and hyperlinks added).
ELEMENT 3: TERMS OR CONDITIONS OF EMPLOYMENT
“The third element requires that the harassment be sufficiently pervasive as to alter the conditions of employment and create an abusive working environment.” Davis v. West One Automotive Group*, 140 Wn.App. 449 (Div. 3 2007), review denied, 163 Wn.2d 1039 (Wash. 2008) (citingGlasgow v. Georgia-Pac. Corp.*, 103 Wash.2d 401, 406, 693 P.2d 708 (1985)).
criteria COURTS USE to determinE WHETHER harassment affects terms or conditions of employment
The Washington State “Court of Appeals has adopted [the following] criteria ‘[t]o determine whether the harassment is such that it affects the conditions of employment …:
[a] the frequency and severity of the discriminatory conduct;
[b] whether it is physically threatening or humiliating, or a mere offensive utterance; and
[c] whether it unreasonably interferes with an employee’s work performance.'”
Blackburn v. Department of Social and Health Services*, 186 Wn.2d 250, 261 n.4 (Wash. 2016) (citing Washington v. Boeing Co., 105 Wn.App. 1, 10, 19 P.3d 1041 (2000) (citing Sangster v. Albertson’s, Inc.*, 99 Wn.App. 156, 163, 991 P.2d 674 (2000) (quoting Harris v. Forklift Sys., Inc., 510 U.S. 17, 23, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993)))) (second alteration in original) (paragraph formatting and emphasis added).
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.
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.
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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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 …
(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”)).
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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.
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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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.
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).
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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.
Under the Washington Law Against Discrimination, RCW 49.60, what are the sexual harassment and assault policy requirements for hotel, motel, retailer, and security guard entities, and property services contractors? 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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WA State’s Sexual Harassment and Assault Policy Requirements for Specific WA State Employers — Hotel, Motel, Retail, or Security Guard Entity, and Property Services Contractors
Washington State has long been at the forefront of promoting workplace equality and safety. One of the key provisions in this regard is RCW 49.60.515*, a statute within the Washington Law Against Discrimination (WLAD), which imposes specific responsibilities on the following employers–who employ an employee–to combat sexual harassment and assault:
» Hotel, Motel, Retail, and Security Guard Entities; and
» Property Services Contractors.
This provision aims to create safer work environments in sectors that may face heightened risks of such behaviors. Below is a breakdown of the law’s requirements and its impact on employers and employees.
1. Adopting a Sexual Harassment Policy (RCW 49.60.515(1)(a))
Under the law, every employer in the specified sectors is required to adopt a comprehensive sexual harassment policy. This policy must explicitly address how sexual harassment will be prevented, identified, and responded to in the workplace. The inclusion of this policy is an essential step in setting clear standards of behavior and ensuring that employees are aware of their rights and responsibilities.
For employers, having a well-defined sexual harassment policy provides guidance on what constitutes inappropriate behavior and how to handle complaints. This policy serves as a preventative measure and a tool for addressing complaints effectively when they arise.
2. Mandatory Training for Employees and Management (RCW 49.60.515(1)(b))
One of the core requirements of this provision is the mandatory training for managers, supervisors, and employees. The training aims to:
• Prevent sexual assault and sexual harassment in the workplace
• Prevent sexual discrimination
• Educate employees about protections for those who report violations of state or federal laws, rules, or regulations
The training sessions ensure that employees at all levels are aware of the importance of maintaining a respectful and safe work environment. By providing this education, employers can foster a culture of accountability and respect. Additionally, the inclusion of protections for whistleblowers is essential for encouraging employees to report violations without fear of retaliation.
3. Resources for Employees (RCW 49.60.515(1)(c))
In addition to training, employers are required to provide their workforce with a list of resources for those who may experience or witness sexual harassment or assault. At a minimum, this resource list must include contact information for:
• The Equal Employment Opportunity Commission (EEOC)
• The Washington State Human Rights Commission (WSHRC)
• Local advocacy groups focused on preventing sexual harassment and sexual assault
These resources are critical for providing employees with the support and guidance they need to address harassment issues, report incidents, or seek external help if necessary.
4. Panic Buttons for Employees (RCW 49.60.515(1)(d))
In an effort to further enhance the safety of workers in potentially vulnerable situations, the statute mandates that employers in the specified industries provide a panic button to each employee. This panic button is a critical tool for immediate assistance in emergencies, allowing workers to quickly signal for help if they feel threatened or are in danger of harassment or assault.
For employers with fewer than 50 employees, the Washington State Department of Labor and Industries* (L&I) is tasked with providing additional guidance on how this requirement will be applied. This provision does not extend to contracted security guard companies licensed under chapter 18.170* RCW, which have separate regulations in place.
5. Reporting and Documentation Requirements for Property Services Contractors (RCW 49.60.515(2))
Property services contractors, including janitorial companies, must adhere to specific reporting requirements. These include submitting the following information to the L&I:
• The date when the sexual harassment policy was adopted
• The number of managers, supervisors, and employees who have completed the mandated training
• The physical address of each work location where janitorial services are performed, along with details about the workforce and hours worked
These reporting measures ensure that contractors are in compliance with the law and provide valuable data for oversight. This information will be made available in aggregate form to the public, allowing for transparency and accountability.
6. Why This Law Matters
RCW 49.60.515* is designed to address specific vulnerabilities in industries where workers may be at higher risk of harassment or assault, such as hotels, motels, and retail spaces. By instituting preventive measures such as training, panic buttons, and clear policies, the law works to ensure that employees have the tools and protections needed to maintain a safe workplace.
Moreover, the law helps reinforce a broader commitment to workplace equality and safety in Washington State, which aligns with national efforts to curb sexual harassment and assault in the workplace.
7. the statutory provision — rcw 49.60.515
The relevant WLAD statutory provision states as follows:
RCW 49.60.515
Sexual harassment and assault policy—Adoption of by hotel, motel, retail, or security guard entity, or property services contractors—Requirements.
(1) Every hotel, motel, retail, or security guard entity, or property services contractor, who employs an employee, must:
(a) Adopt a sexual harassment policy;
(b) Provide mandatory training to the employer’s managers, supervisors, and employees to:
(i) Prevent sexual assault and sexual harassment in the workplace;
(ii) Prevent sexual discrimination in the workplace; and
(iii) Educate the employer’s workforce regarding protection for employees who report violations of a state or federal law, rule, or regulation;
(c) Provide a list of resources for the employer’s employees to utilize. At a minimum, the resources must include contact information of the equal employment opportunity commission, the Washington state human rights commission, and local advocacy groups focused on preventing sexual harassment and sexual assault; and
(d) Provide a panic button to each employee. The department must publish advice and guidance for employers with fifty or fewer employees relating to this subsection (1)(d). This subsection (1)(d) does not apply to contracted security guard companies licensed under chapter 18.170* RCW.
(2)(a) A property services contractor shall submit the following to the department on a form or in a manner determined by the department:
(i) The date of adoption of the sexual harassment policy required in subsection (1)(a) of this section;
(ii) The number of managers, supervisors, and employees trained as required by subsection (1)(b) of this section; and
(iii) The physical address of the work location or locations at which janitorial services are provided by workers of the property services contractor, and for each location: (A) The total number of workers or contractors of the property services contractor who perform janitorial services; and (B) the total hours worked.
(b) The department must make aggregate data submitted as required in this subsection (2) available upon request.
(c) The department may adopt rules to implement this subsection (2).
(3) For the purposes of this section:
(a) “Department” means the department of labor and industries.
(b) “Employee” means an individual who spends a majority of her or his working hours alone, or whose primary work responsibility involves working without another coworker present, and who is employed by an employer as a janitor, security guard, hotel or motel housekeeper, or room service attendant.
(c) “Employer” means any person, association, partnership, property services contractor, or public or private corporation, whether for-profit or not, who employs one or more persons.
(d) “Panic button” means an emergency contact device carried by an employee by which the employee may summon immediate on-scene assistance from another worker, a security guard, or a representative of the employer.
(e) “Property services contractor” means any person or entity that employs workers: (i) To perform labor for another person to provide commercial janitorial services; or (ii) on behalf of an employer to provide commercial janitorial services. “Property services contractor” does not mean the employment security department or individuals who perform labor under an agreement for exchanging their own labor or services with each other, provided the work is performed on land owned or leased by the individuals.
(f) “Security guard” means an individual who is principally employed as, or typically referred to as, a security officer or guard, regardless of whether the individual is employed by a private security company or a single employer or whether the individual is required to be licensed under chapter 18.170* RCW.
(4)(a) Hotels and motels with sixty or more rooms must meet the requirements of this section by January 1, 2020.
(b) All other employers identified in subsection (1) of this section must meet the requirements of this section by January 1, 2021.
The implementation of RCW 49.60.515 represents a significant step forward in ensuring that employers in high-risk industries take proactive measures to prevent sexual harassment and assault. By requiring sexual harassment policies, training, resources, panic buttons, and regular reporting, this law aims to create safer, more equitable work environments across Washington State. Employers in the specified sectors must familiarize themselves with these requirements to ensure compliance and to create a culture of safety and respect within their organizations. For employees, this law serves as an important safeguard, providing them with the resources and support necessary to navigate and report harassment if it arises.
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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.
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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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 “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.].
“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).
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.
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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WLAD — LIABILITY FOR KILLING OR INJURING DOG GUIDE OR SERVICE ANIMAL
In Washington State, the rights of individuals with disabilities are protected under a variety of laws, including those governing the treatment of dog guides and service animals. One key WLAD provision is RCW 49.60.370*, which outlines the penalties and remedies for the killing or injury of such animals.
Under this law, if a person negligently or maliciously kills or injures a dog guide or service animal, they are liable for a penalty of $1,000, which must be paid to the user of the animal. This penalty is in addition to any other civil or criminal penalties that may apply. Not only does this law provide financial compensation for the user of the animal, but it also enables the recovery of reasonable attorney’s fees and costs if legal action is required.
Importantly, RCW 49.60.370* clarifies that the Washington State Human Rights Commission has no duty to investigate incidents of negligent or malicious acts against a dog guide or service animal. This means that individuals seeking justice under this statute must take legal action themselves to pursue civil remedies.
THE BLACK-LETTER LAW — RCW 49.60.370
The relevant WLAD section states as follows:
RCW 49.60.370
Liability for killing or injuring dog guide or service animal—Penalty in addition to other remedies or penalties—Recovery of attorneys’ fees and costs—No duty to investigate.
(1) A person who negligently or maliciously kills or injures a dog guide or service animal is liable for a penalty of one thousand dollars, to be paid to the user of the animal. The penalty shall be in addition to and not in lieu of any other remedies or penalties, civil or criminal, provided by law.
(2) A user or owner of a dog guide or service animal, whose animal is negligently or maliciously injured or killed, is entitled to recover reasonable attorneys’ fees and costs incurred in pursuing any civil remedy.
(3) The commission has no duty to investigate any negligent or malicious acts referred to under this section.
For employers, this law reinforces the need for a respectful and inclusive environment for employees who rely on service animals. It’s crucial that workplace policies support the safety and well-being of both employees and their service animals or guide dogs. In doing so, employers not only comply with the law but also foster a more inclusive and supportive workplace culture. By understanding and respecting the legal rights of employees with disabilities and their service animals and guide dogs, businesses can ensure they provide an environment that is safe, fair, and legally compliant.
FAQ: What are the elements of Disparate Treatment in WA State?
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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FAQ: What are the elements of Disparate Treatment in WA State?
See Marin v. King County*, 194 Wn.App. 795, 808-09 (Wash.App. Div. 1 2016), review denied, 186 Wash.2d 1028, 385 P.3d 124 (Table) (Wash. 2016).
WASHINGTON LAW AGAINST DISCRIMINATION (WLAD) — DISPARATE TREATMENT — Generally
Under the WLAD, disparate treatment is a form of discrimination that “occurs when an employer treats some people less favorably than others because of race, color, religion, sex, [disability], [age], or other protected status.” Alonso v. Qwest Communications Company*, LLC, 178 Wn.App. 734, 743 (Div. 2 2013) (citing Hegwine v. Longview Fibre Co., 162 Wn.2d 340, 354 n. 7, 172 P.3d 688 (2007)) (hyperlinks added).
THE “ADVERSE EMPLOYMENT ACTION” ELEMENT
Adverse employment action “means ‘a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.'” Id.* at 808 (citing Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 761, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998)).
THE “REASONABLE INFERENCE OF UNLAWFUL DISCRIMINATION” ELEMENT
Employment-discrimination plaintiffs often establish this element by using similarly situated, nonprotected co-workers for comparison. Such “[s]imilarly situated employees must have the same supervisor, be subject to the same standards, and have engaged in the same conduct.” Id.* at 810 (citing Kirby v. City of Tacoma, 124 Wn.App. 454, 475 n.16, 98 P.3d 827 (2004); see also Clark v. Runyon, 218 F.3d 915, 918 (8th Cir. 2000)).
ELEMENTS ARE NOT ABSOLUTE But VARY BASED ON RELEVANT FACTS
“The elements of a prima facie case for disparate treatment based on protected status are not absolute but vary based on the relevant facts.” Marin*, 194 Wn.App. at 808 (citing Grimwood v. Univ. of Puget Sound, Inc., 110 Wn.2d 355, 362-63, 753 P.2d 517 (1988)).
WLAD REMEDIES
Victims of discrimination in violation of the WLAD may seek generous remedies. “Any person deeming himself or herself injured by any act in violation of … [the Washington Law Against Discrimination] shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys’ fees or any other appropriate remedy authorized by this chapter* or the United States Civil Rights Act of 1964* as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601* et seq.).” RCW 49.60.030(2)*.
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.
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THE TORT OF OUTRAGE (ALSO KNOWN AS INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS)
A tort is a civil wrong, other than breach of contract, for which remedies may be obtained. The tort of outrage is one type of tort (also known as intentional infliction of emotional distress). It is defined under the Restatement (Second) of Torts § 46, as follows:
(1) One who by extreme and outrageousconduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm.
(2) Where such conduct is directed at a third person, the actor is subject to liability if he intentionally or recklessly causes severe emotional distress
(a) to a member of such person’s immediate family who is present at the time, whether or not such distress results in bodily harm, or
(b) to any other person who is present at the time, if such distress results in bodily harm.”
RACIALLY DISCRIMINATORY ACTION & THE TORT OF OUTRAGE
Racially discriminatory action can form the basis for a claim of outrage. According to the Washington State Supreme Court:
In Browning v. Slenderella Systems, 54 Wash.2d 440, 341 P.2d 859 (1959), we held recovery could be premised upon tort liability for emotional distress, unaccompanied by any physical injury where the victim was injured by racially discriminatory action.
Id.* at 739, 565 P.2d 1173 (emphasis added). Within the context of employment discrimination, positions of authority are significant when evaluating associated claims based on the tort of outrage.
Positions of authority
“When one in a position of authority, actual or apparent, over another has allegedly made racial slurs and jokes and comments, this abusive conduct gives added impetus to the claim of outrageous behavior.” Contreras*, 88 Wn.2d at 741, 565 P.2d 1173 (citing Restatement (Second) of Torts § 46 comment e). Thus, “[t]he relationship between the parties is a significant factor in determining whether liability should be imposed.” Id. (internal citations omitted).
CONCLUSION
In conclusion, I believe racially discriminatory actions in employment can form the basis for the tort of outrage. The tort of outrage, or intentional infliction of emotional distress, is a crucial legal framework for addressing severe emotional harm caused by extreme and outrageous conduct. Defined under the Restatement (Second) of Torts § 46, this tort highlights the accountability of individuals whose actions lead to significant emotional distress, even in the absence of physical injury.
Notably, racially discriminatory actions can serve as a foundation for such claims, as established by Washington case law. Furthermore, the dynamics of authority between the parties play a vital role in evaluating these claims, emphasizing that abusive behavior from those in positions of power can significantly exacerbate the impact of the distress. Depending on the circumstances of each case, understanding these elements may be useful for adequately addressing the complexities of emotional distress claims in civil law.
READ MORE OF OUR RELATED ARTICLES
We invite you to read more of our blog articles concerning this topic (for purposes of this section, “IIED” means “intentional infliction of emotional distress” or “tort of outrage”):
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.
Under the Washington Law Against Discrimination (WLAD), RCW 49.60, what are considered unfair practices of labor unions? 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)
The WLAD, enacted in 1949, is a potent statute covering a broad array of categories, including the following:
RCW 49.60.030
Freedom from discrimination—Declaration of civil rights.
RCW 49.60.030(1) (emphasis, paragraph formatting, and hyperlinks added). The WLAD also protects, inter alia, employees from the unfair practices of labor organizations.
(16) “Labor organization” includes any organization which exists for the purpose, in whole or in part, of dealing with employers concerning grievances or terms or conditions of employment, or for other mutual aid or protection in connection with employment.
RCW 49.60.040(16) (emphasis and hyperlinks added).
UNFAIR PRACTICES OF LABOR UNIONS
The WLAD prohibits both labor unions and labor organizations from engaging in unfair practices, as follows:
RCW 49.60.190
Unfair practices of labor unions.
It is an unfair practice for any labor union or labor organization:
RCW 49.60.190*. Under the WLAD, labor unions engaging in unfair practices are subject to liability.
WLAD REMEDIES
Victims of discrimination in violation of the WLAD may seek generous remedies. “Any person deeming himself or herself injured by any act in violation of … [the Washington Law Against Discrimination] shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys’ fees or any other appropriate remedy authorized by this chapter or the United States Civil Rights Act of 1964 as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.).” RCW 49.60.030(2) (hyperlinks added).
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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.
Under Washington State laws, what are considered adverse employment actions when pursuing a claim of unlawful retaliation? 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.
Boyd v. State*, 187 Wn.App. 1, 11-12, 349 P.3d 864 (Div. 2 2015) (citing Estevez v. Faculty Club of Univ. of Wash., 129 Wn.App. 774, 797, 120 P.3d 579 (2005); Scrivener v. Clark Coll.*, 181 Wn.2d 439, 446, 334 P.3d 541 (2014)) (hyperlinks added) (footnote omitted).
ELEMENT #2 — ADVERSE EMPLOYMENT ACTION
Within the context of unlawful retaliation claims, “[a]n adverse employment action involves a change in employment that is more than an inconvenience or alteration of one’s job responsibilities.” Boyd*, 187 Wn.App. at 13 (citing Alonso v. Qwest Commc’ns Co.*, 178 Wn.App. 734, 746, 315 P.3d 610 (2013)).
THE GENERAL STANDARD
To establish an adverse employment action, “[t]he employee must show that a reasonable employee would have found the challenged action materially adverse, meaning that it would have ‘dissuaded a reasonable worker from making or supporting a charge of discrimination.'” Id. (citing Burlington N., 548 U.S. 53, 68, 126 S.Ct. 2405, 165 L.Ed.2d 345 (2006)) (internal quotation marks and citations omitted).
Ultimately, “whether a particular action would be viewed as adverse by a reasonable employee is a question of fact appropriate for a jury.” Id. at 13-14 (citations omitted).
Demotions, Adverse Transfers, or Hostile Work Environments
An adverse employment action “includes[, but is not limited to,] a demotion or adverse transfer, or a hostile work environment.” Id. (citing Kirby v. City of Tacoma, 124 Wn.App. 454, 465, 98 P.3d 827 (2004) (quotingRobel v. Roundup Corp.*, 148 Wn.2d 35, 74 n.24, 59 P.3d 611 (2002))).
Materially Adverse Reassignments
“Whether a particular reassignment is materially adverse depends upon the circumstances of the particular case, and ‘should be judged from the perspective of a reasonable person in the plaintiff’s position.'” Id. (citing Tyner v. Dep’t of Soc. & Health Servs., 137 Wn.App. 545, 565, 154 P.3d 920 (2007)) (internal quotation marks and citations omitted).
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.
