Discrimination Archives — LAW OFFICE OF GREGORY A. WILLIAMS

December 5, 2024

Definition of State (Title VII)

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

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.].

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

ENFORCEMENT

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

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

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

» EEOC: The Notice of Right to Sue

» Fair Employment Practice Agencies

» The Intersection of WSHRC and EEOC*

» Title VII of the Civil Rights Act of 1964

» Unlawful Employment Agency Practices (Title VII)

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

need help?

If you need legal help, then consider contacting an experienced employment attorney to discuss your case; our law office litigates claims under the Washington Law Against Discrimination, Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

November 21, 2024November 21, 2024

Liability for Killing or Injuring Dog Guide or Service Animal (WA State)

Under the Washington Law Against Discrimination (WLAD), RCW 49.60, is there a provision concerning the killing or injuring of a dog guide or service animal? Here’s my point of view.

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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.

RCW 49.60.370* (hyperlinks added).

CONCLUSION

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.

READ OUR RELATED ARTICLES

» Definition of Dog Guide (WLAD)

» Definition of Service Animal (WLAD)

» License Waiver for Dog Guide and Service Animals (WLAD)

LEARN MORE

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

October 10, 2024October 21, 2024

The Tort of Outrage and Racially Discriminatory Action

Under Washington State law, can racially discriminatory action in employment form the basis for the tort of outrage (hereinafter, “tort of outrage” or “intentional infliction of emotional distress”)? 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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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 outrageous conduct 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.”

Contreras v. Crown Zellerbach Corp.*, 88 Wn.2d 735, 745, n. 1, 565 P.2d 1173 (Wash. 1977) (emphasis added).

The Tort of Outrage and Racially Discriminatory Action

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.

Learn More

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

September 26, 2024October 21, 2024

Unfair Practices of Labor Unions (WLAD)

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.

(1) The right to be free from discrimination because of race, creed, color, national origin, citizenship or immigration status, sex, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability is recognized as and declared to be a civil right. This right shall include, but not be limited to:

(a) The right to obtain and hold employment without discrimination;

(b) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;

(c) The right to engage in real estate transactions without discrimination, including discrimination against families with children;

(d) The right to engage in credit transactions without discrimination;

(e) The right to engage in insurance transactions or transactions with health maintenance organizations without discrimination: PROVIDED, That a practice which is not unlawful under RCW 48.30.300, 48.44.220, or 48.46.370 does not constitute an unfair practice for the purposes of this subparagraph;

(f) The right to engage in commerce free from any discriminatory boycotts or blacklists … ; and

(g) The right of a mother to breastfeed her child in any place of public resort, accommodation, assemblage, or amusement.

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.

DEFINITION OF LABOR ORGANIZATION

The WLAD defines the term “labor organization” as follows:

…

(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:

(1) To deny membership and full membership rights and privileges to any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.

(2) To expel from membership any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.

(3) To discriminate against any member, employer, employee, or other person to whom a duty of representation is owed because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.

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).