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What are the elements of Failure to Provide Reasonable Accommodations in WA State?

What are the elements of Failure to Provide Reasonable Accommodations in WA State?
FAQ: What are the elements of Failure to Provide Reasonable Accommodations 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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What are the elements of Failure to Provide Reasonable Accommodations in WA State?

What are the elements of Failure to Provide Reasonable Accommodations in WA State?

answer:

“An employee claiming his or her employer failed to accommodate a disability must prove that[:]

(1) the employee suffered from a disability,

(2) the employee was qualified to do the job at issue,

(3) the employee gave his or her employer notice of the disability, and

(4) the employer failed to reasonably accommodate that disability.

Mackey v. Home Depot USA, Inc.*, 12 Wn.App.2d 557, 586 (Div. 2 2020), review denied, 468 P.3d 616 (2020) (citing LaRose v. King County, 8 Wn.App.2d 90, 125-26, 437 P.3d 701 (2019)) (paragraph formatting, emphasis, and hyperlinks added).

The above elements formulate a prima facie case of Failure to Provide Reasonable Accommodations in Washington State.

Read More About This Topic

We invite you to read our article* about the prima facie case* and how it fits within the larger McDonnel Douglas Burden-Shifting Framework*.

NEED HELP?

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

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Severance Agreements and Employment Discrimination (WA State)

Severance Agreements and Employment Discrimination (WA State)

In Washington State, how do employer severance/separation agreements typically limit an employee’s right to pursue claims of employment discrimination against the employer? 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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Severance Agreements and Employment Discrimination (WA State)

When a job ends suddenly, employers often move quickly to present a severance or separation agreement. These documents can look routine — even generous — especially when you’re under financial pressure. But in Washington State, severance agreements often require you to give up significant legal rights, including the ability to bring discrimination, retaliation, or wrongful‑termination claims under the Washington Law Against Discrimination (WLAD); bring associated WA State common‑law claims; and bring similar federal statutory claims against the employer.

Before you sign anything, it’s important to understand what you may be giving up — and what you might lose if you don’t sign.

What a Severance Agreement Actually Does

A severance agreement is not just a paycheck. It’s a binding contract typically drafted by the employer’s lawyers. In relation to claims of employment discrimination (and related claims), those contracts often contain a plurality of restrictive provisions requiring the employee‘s agreement, such as the following:

• Release the employer from all claims, whether you know about them or not

• Waive rights under, inter alia,  Washington Law Against Discrimination (WLAD), Title VII of the Civil Rights Act of 1964, ADA, ADEA, and Washington common law

• Keep the terms confidential

• Avoid criticizing the employer

• Accept limits on future employment or communication

These agreements are designed to protect the company. They are not written with your interests in mind.

Why Signing Too Quickly Can Be Risky

You May Be Waiving Claims Worth Far More Than the Severance

If you were treated unfairly, pushed out after reporting misconduct, denied accommodations, or terminated shortly after taking protected leave (or after engaging in other protected activities), you might have legal claims with substantial value. WLAD and WA State common law allows recovery for, inter alia, lost wages, emotional harm, and attorney’s fees — often far exceeding the severance amount.

You Might Not Realize You Have a Claim

Many employees don’t know that:

• Washington’s disability and pregnancy* protections are broader than federal law

• Retaliation can occur even after a single complaint

• Hostile work environment claims can develop gradually

• Timing matters — terminations following medical leave or accommodation requests are often scrutinized

These are just a sample of potentially unrealized issues–not obvious at first glance–that a lawyer can help you identify.

Once You Sign, You MIGHT NOT BE ABLE TO Go Back

Most releases are final. Even if new facts emerge or you later realize you had a strong case, the agreement might prevent you from pursuing it.

The Other Side of the Decision: What If You Don’t Sign?

It’s important to acknowledge the real trade‑off. If you decline the severance and pursue discrimination or retaliation claims instead, there is always a possibility that:

• Your claims don’t succeed

• The evidence isn’t strong enough

• The case settles for less than the severance — or not at all

If that happens, the severance offer is typically gone for good. Employers rarely re‑extend the same deal once it’s rejected. This is why understanding the strength of your claims — and the fairness of the offer — before the deadline to sign can be essential before making a decision.

Why Promptly Talking to an Attorney First Makes a Difference

You Get a Clear Picture of Your Rights

An employment lawyer can help you evaluate whether the severance amount is reasonable compared to the potential value of your employment-discrimination claims and can flag problematic or overly broad terms.

You May Be Able to Negotiate Better Terms

Employees who seek legal advice/representation might be able to secure:

• Higher severance payments

• More favorable confidentiality or non‑disparagement language

• Neutral references

• Narrower releases

• Extended benefits

Employers often anticipate negotiation — and they might take represented employees more seriously.

You Protect Your Future Employment Options

Some agreements include non‑compete or non‑solicitation clauses that can affect your next job. A lawyer may be able to help you avoid signing something that limits your career.

You May Not Have to Decide on the Spot

Even if your employer sets a short deadline to sign the agreement, you might be able request more time. There may also be other related protections if both (1) the release includes a waiver of U.S. Age Discrimination in Employment Act (ADEA) age-discrimination claims; and (2) the employee is 40 or older. Talk to an attorney first to learn more.

Conclusion

Signing a severance agreement is a decision that deserves careful thought. These contracts often require employees to give up important legal claims, while declining them can mean losing compensation that won’t be offered again. Because both choices carry real consequences, getting advice from an employment attorney before you commit can help you understand your options and choose the path that best protects your related rights.

IMPORTANT: The potential outcomes discussed herein are not guaranteed and the outcome of any particular case may vary significantly and unexpectedly from the same; consult with an attorney first both to discuss the specific details of your case and to learn more. 

LEARN MORE

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

–gw

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What Qualifies as Wrongful Termination in Washington?

What qualifies as wrongful termination in Washington?
FAQ: What qualifies as wrongful termination in Washington?

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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What qualifies as wrongful termination in Washington?

answer:

The terms “wrongful termination” and “wrongful discharge” are synonymous in Washington State and are typically evaluated within the scope of the “at-will” doctrine (hereinafter, “Doctrine”); Washington has been an “at-will” employment state since at least 1928. Under this doctrine, an employer can terminate an at-will employee for any reason—whether it’s no reason at all, a legitimate reason, or even an unethical one—without worrying about legal repercussions. Likewise, unless there is a contract that specifies different terms, employees have the unrestricted right to leave their job at any time (i.e., at will). However, the following three recognized exceptions to the general at-will employment doctrine qualify as wrongful termination in Washington:

(1) The Statutory Exception;

(2) The Judicial Exception; and

(3) The Contractual Exception.

(1)  THE STATUTORY EXCEPTION

“First, both Congress and the Washington State Legislature have modified the employment at-will doctrine by limiting employers’ rights to discharge employees.” Ford v. Trendwest Resorts, Inc., 146 Wn.2d 146, 153, 43 P.3d 1223, (Wash. 2002) (citing National Labor Relations Act, 29 U.S.C. § 158(a)(1) (1994); Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1)* (1994); chapter 49.60* RCW (Washington’s law against discrimination); see also chapter 49.12* RCW (prohibiting discharge of employees for testifying in investigations regarding labor conditions, worker earnings, or sex discrimination); RCW 49.44.090* (prohibiting discharge of employee for being age 40 and over)).

These statutory laws provide an exception to the at-will doctrine that protects the employee’s rights and limits the employer’s ability to discharge an employee at-will.

(2)  THE JUDICIAL EXCEPTION

Second, Washington courts “have recognized a narrow public-policy exception to an employer’s right to discharge an employee”; this exception is commonly known as “wrongful termination in violation of public policy*.” Id. (referencing Smith v. Bates Technical Coll., 139 Wash.2d 793, 991 P.2d 1135 (2000) (public policy exception to “for-cause” employees); Gardner v. Loomis Armored, Inc., 128 Wash.2d 931, 913 P.2d 377 (1996) (discharge of armored truck driver who abandoned post to prevent murder violated public policy)).

“Under this exception, an employer does not have the right to discharge an employee when the termination would frustrate a clear manifestation of public policy.” Id. “By recognizing this public policy exception, … [Washington State Supreme Court has] expressed its unwillingness to shield an employer’s action which otherwise frustrates a clear manifestation of public policy.” Id. at 154 (internal quotation marks omitted).

(3)  THE CONTRACTUAL EXCEPTION

“Third, employers and employees can contractually modify the at-will employment relationship, eschewing the common law rule in favor of negotiated rights and liabilities.” Id. at 154 (internal citation omitted). “An employer can bargain away its right to discharge an employee without cause by contracting not to do so.” Id. (internal citation omitted).

“The law governing this exception is not a species of the employment at-will doctrine; it is the law of contracts. Therefore, the law of contracts governs an injured party’s right to recover damages under this exception.” Id. at 155 (internal citation omitted). “Unlike a wrongful discharge, a breach of contract is neither immoral nor wrongful; it is simply a broken promise.” Id. (internal citation omitted).

Did you resign from your job? 

Even if you resigned from your job, you might still be able to claim wrongful termination in Washington. Take our Constructive Discharge Test (video) to learn more:

Read Our Related Articles

»Constructive Discharge in WA State*

»Effective Date For Constructive Discharge (WA State)

»Retaliatory Discharge (WA State)

»The Prima Facie Case: Discriminatory Discharge

»WA State Torts: Wrongful Termination in Violation of Public Policy*

»What is the Statute of Limitations for Wrongful Termination in WA?

»WLAD: The Discriminatory Discharge Provision*

*NOTE: This link will take you to our Williams Law Group Blog, an external website.

NEED HELP?

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

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WA Code of Judicial Conduct: Bias, Prejudice, and Harassment

bWA Code of Judicial Conduct: Bias, Prejudice, and Harassment

Under the Washington Code of Judicial Conduct (hereinafter ,”CJC”), to what extent must a full‑time judge actively identify, prevent, and address bias, prejudice, or harassment while carrying out judicial duties? 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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Bias, Prejudice, and Harassment Under Washington’s Code of Judicial Conduct (Canon 2, Rule 2.3)

Washington’s Code of Judicial Conduct* (CJC) requires full‑time judges to do more than avoid discriminatory behavior. The rules place an affirmative responsibility on judges to recognize when bias or harassment is occurring, to stop it, and to prevent it from shaping the courtroom environment. This duty is central to maintaining public confidence in the fairness of the justice system, and it is reinforced by the associated CJC* comments section, as follows:

[1] A judge who manifests bias or prejudice in a proceeding impairs the fairness of the proceeding and brings the judiciary into disrepute.

WA State CJC*, Canon 2, Rule 2.3, comment 1 (emphasis added).

What the Rules Protect Against

Washington’s judicial‑conduct rules bar judges from engaging in behavior that treats people differently because of personal characteristics, and they also require judges to stop others (i.e., court staff, court officials, or others subject to judge’s direction and control; and parties, witnesses, lawyers, or others) from doing so. These protections are intentionally broad. They cover traits such as race, color, gender, gender identity, sexual orientation, religion, national origin, disability, age, and financial circumstances. The purpose is straightforward: everyone who enters a courtroom should be treated with equal dignity, regardless of background or identity.

The rules also prohibit harassment, which is understood to include behavior or language that demeans, targets, or expresses hostility toward someone based on these characteristics. This includes obvious misconduct, like insults or slurs, but it also reaches more subtle forms of disrespect that can influence how participants experience the process. The standard is designed to protect both the fairness of the proceeding and the dignity of the individuals involved.

the meaning of bias, prejudice, and harassment

The CJC clarifies the meaning of the terms bias, prejudice, and harassment, as follows:

[2] Examples of manifestations of bias or prejudice include but are not limited to epithets; slurs; demeaning nicknames; negative stereotyping; attempted humor based upon stereotypes; threatening, intimidating, or hostile acts; suggestions of connections between race, ethnicity, or nationality and crime; and irrelevant references to personal characteristics. Even facial expressions and body language can convey to parties and lawyers in the proceeding, jurors, the media, and others an appearance of bias or prejudice. A judge must avoid conduct that may
reasonably be perceived as prejudiced or biased.

[3] Harassment, as referred to in paragraphs (B) and (C)[–see “Black Letter Law” section, below–]is verbal or physical conduct that denigrates or shows hostility or aversion toward a person on bases such as race, sex, gender, gender identity, gender expression, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation.

[4] Sexual harassment includes but is not limited to sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that is unwelcome.

Id.* at comments 2-4 (emphasis added).

A Judge’s Duty to Step In

A defining feature of Washington’s approach is that judges cannot remain passive observers. When discriminatory conduct arises — whether from an attorney, litigant, witness, juror, or court staff — the judge is expected to take reasonable steps to address it. That may involve interrupting inappropriate remarks, redirecting questioning, correcting unequal treatment, or giving instructions that reinforce the expectation of respectful behavior.

The responsibility is both supervisory and corrective. Judges are expected to shape the courtroom environment in real time, ensuring that proceedings remain fair and respectful for everyone involved.

When Sensitive Characteristics Are Relevant

There are situations where a judge must discuss characteristics such as race, gender, or disability because the law requires it. For example, discrimination claims, statutory definitions, or credibility assessments may involve these topics. The CJC* recognizes this reality. What matters is the purpose: the discussion must be tied to the legal or factual issues before the court, not personal views or stereotypes. According to the CJC*:

[5] “Bias or prejudice” does not include references to or distinctions based upon race, color, sex, religion, national origin, disability, age, marital status, changes in marital status, pregnancy, parenthood, sexual orientation, or social or economic status when these factors are legitimately relevant to the advocacy or decision of the proceeding, or, with regard to administrative matters, when these factors are legitimately relevant to the issues involved.

Id.* at comment 5 (emphasis added).

The Obligation Extends Beyond Hearings

Judicial duties are not limited to trials and hearings. The expectation of impartiality and respectful conduct applies to all judicial activities, including administrative responsibilities, interactions with court staff, and public‑facing functions. A judge’s behavior in any official capacity influences how the public perceives the justice system, and the CJC* requires judges to uphold these standards wherever their role places them.

THE BLACK-LETTER LAW

For purposes of this article, the relevant portion of the CJC* is Canon 2*, as follows:

A JUDGE SHOULD PERFORM THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY, COMPETENTLY, AND DILIGENTLY.

Id. Canon 2* contains, inter alia, Rule 2.3 (Bias, Prejudice, and Harassment) that states as follows:

(A) A judge shall perform the duties of judicial office, including administrative duties, without bias or prejudice.

(B) A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, or engage in harassment, and shall not permit court staff, court officials, or others subject to the judge’s direction and control to do so.

(C) A judge shall require lawyers in proceedings before the court to refrain from manifesting bias or prejudice, or engaging in harassment, against parties, witnesses, lawyers, or others.

(D) The restrictions of paragraphs (B) and (C) do not preclude judges or lawyers from making reference to factors that are relevant to an issue in a proceeding.

Id.*

Conclusion

I believe Washington’s Code of Judicial Conduct requires judges to be active stewards of fairness. They must recognize and prevent discriminatory behavior, intervene when it occurs, and maintain an environment where every participant is treated with dignity. These obligations reinforce a simple but essential principle: justice depends not only on the decisions judges make, but also on the atmosphere in which those decisions are reached.

*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.

LEARN MORE

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

–gw

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Personality Tests and Employment Discrimination

Personality Tests and Employment Discrimination

To what extent do personality tests used in job screenings create a risk of employment discrimination under Washington State law? 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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When Personality Tests Become Discrimination: A Growing Risk in Washington Hiring

Washington employers increasingly rely on personality tests, behavioral assessments, and algorithm‑driven screening tools to sort job applicants. These tools promise efficiency and objectivity — but they also create real risks under the Washington Law Against Discrimination (WLAD), especially in Pierce and King Counties where tech‑driven hiring is common.

Why These Tests Raise Red Flags

Many personality assessments measure traits that correlate with protected conditions. For example:

• “Stress tolerance” scores may penalize applicants with anxiety disorders.

• “Adaptability” metrics can disadvantage neurodivergent candidates.

• “Energy level” ratings may screen out individuals with chronic health conditions.

Under WLAD, discrimination doesn’t require intent. If a hiring tool disproportionately excludes people with disabilities—or any protected class—the employer may be liable even if the tool was purchased from a third‑party vendor.

Washington’s Broader Legal Standard

Unlike federal law, WLAD is interpreted liberally* in favor of employees. Employers should be wary of outsourcing discrimination to software, consultants, or automated systems. If the tool creates a disparate impact, the employer should own the consequences.

This means a well‑meaning HR department in Tacoma or Seattle might inadvertently violate WLAD simply by relying on a vendor’s “validated” assessment that screens out protected groups.

What Employers Should Be Doing (opinion)

To stay compliant, I believe Washington employers should:

• Audit any personality or behavioral test for disparate impact.

• Request validation studies specific to the job and region — not generic national data.

• Offer accommodations or alternative assessments when disability may affect results.

• Avoid blanket reliance on automated scoring or algorithmic rankings.

These steps are beyond best practices and are increasingly necessary as regulators and courts scrutinize algorithmic hiring.

What Employees Should Know

If you were rejected after taking a personality test or online assessment, and you believe the results were influenced by a disability or other protected characteristic, you may have rights under WLAD. Washington law allows applicants to challenge discriminatory screening tools even before they are hired.

Conclusion

As hiring becomes more automated, Washington’s anti‑discrimination laws remain firmly human‑centered. Employers in WA State should treat personality tests and algorithmic tools with caution — and applicants should know that a computer‑generated rejection isn’t always the final word.

Read Our Related Articles

» Employment Discrimination Based Upon Cannabis Use (WA State)

» Job Applicants and Criminal Records

» Unlawful Retaliation and the Prospective Employer

LEARN MORE

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

–gw

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The Perils of Plaintiff Dishonesty or Inaccuracy During Litigation

The Perils of Plaintiff Dishonesty or Inaccuracy During Litigation

What are the perils of plaintiff dishonesty or inaccuracy during employment-discrimination litigation? 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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Perils of Plaintiff Dishonesty or Inaccuracy During Employment-Discrimination Litigation

Employment discrimination laws provide an essential avenue for workers to challenge unfair treatment based on protected characteristics such as age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or disability. While these laws are powerful, their effectiveness depends on one critical factor: the honesty of the person bringing the claim. For both attorneys and potential plaintiffs, understanding the risks of dishonesty is key to preserving a viable case.

1. Credibility Drives Outcomes

Many employment disputes ultimately turn on whose version of events is believed. Judges and juries routinely weigh competing accounts from employees and employers. If a plaintiff is caught exaggerating or misstating even part of their story, it can taint their entire testimony. Once credibility is compromised, even strong evidence may carry less weight.

2. False Statements Can Trigger Legal Penalties

Providing inaccurate information in a legal proceeding is more than a tactical error—it can have serious consequences. Statements made under oath must be truthful, and knowingly false testimony can expose a plaintiff to perjury claims. Courts may also impose sanctions, dismiss claims, or require payment of the opposing party’s legal fees if misconduct is found.

3. Dishonesty Weakens the Broader System

When individuals misrepresent facts in discrimination cases, the damage extends beyond a single lawsuit. Such conduct can reinforce skepticism toward future claims and make it harder for others with legitimate grievances to be taken seriously. Maintaining honesty helps preserve the credibility of employment protections as a whole.

4. Attorney-Client Relationships Depend on Transparency

Lawyers are ethically prohibited from knowingly presenting false information. If a client withholds material facts or insists on advancing a false narrative, the attorney may have no choice but to withdraw. Open and truthful communication allows counsel to properly evaluate claims, anticipate defenses, and provide effective representation.

5. The Facts Alone Are Often Enough

There is a common but mistaken belief that embellishment strengthens a claim. In reality, consistent and accurate testimony is far more persuasive. Courts recognize that workplace disputes are complex, and plaintiffs are not expected to have perfect recollection. A candid account—supported by documents, communications, and witness testimony—can be highly compelling.

6. Discovery Will Expose Inconsistencies

Modern litigation involves detailed evidence gathering, including emails, personnel files, and sworn depositions. Inconsistencies between a plaintiff’s statements and the documentary record are often uncovered during this process. Once exposed, even small inaccuracies can become central issues that overshadow the underlying claim.

Conclusion

At its core, a successful employment discrimination claim depends on trust—trust in the facts presented and in the person presenting them. Being truthful does more than satisfy a legal obligation; it strengthens the overall case and preserves its legitimacy under scrutiny. When plaintiffs remain accurate and forthcoming, they give decision-makers a solid foundation on which to evaluate their claims. By contrast, any deviation from the truth can quickly shift attention away from the alleged wrongdoing and onto the plaintiff’s credibility, often with damaging results. For both clients and attorneys, a commitment to honesty is not optional—it is fundamental to achieving a fair and just outcome.

LEARN MORE

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

–gw

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Disability-Based Hostile Work Environment

Disability-Based Hostile Work Environment

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.

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

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THE 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],

(2) that the harassment was unwelcome,

(3) that it was because of the disability,

(4) that it affected the terms and conditions of employment, and

(5) that it was imputable to the employer.

Robel v. Roundup Corporation, 148 Wn.2d 35 (Wash 2002) at 45.

SECOND ELEMENT (UNWELCOME)

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).

READ OUR RELATED ARTICLES

Definition of Prima Facie Case**

Disability-Based Hostile Work Environment

Harassment & Terms or Conditions of Employment: A Closer Look

Hostile Work Environment: Imputing Harassment to Employer

Hostile Work Environment: Terms or Conditions of Employment

Hostile Work Environment: The Unwelcome Element

McDonnel Douglas Burden-Shifting Framework**

Protected Classes

Sexual Harassment in the Workplace (WA State)

The Prima Facie Case: Hostile Work Environment

Top 3 Hostile Work Environment Issues

WLAD: Disparate Treatment via Hostile Work Environment

WLAD: Imputing Harassment to Employers**

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

LEARN MORE

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

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Harmful Employment-Law Idioms: “Playing the Race Card”

Harmful Employment-Law Idioms: "Playing the Race Card"

Why is the idiom “playing the race card” harmful for employment-discrimination victims? 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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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:

» Unequal pay or benefits

» Disparate impact

» Disparate treatment

» Harassment or hostile work environment

» Wrongful termination or demotion

» Retaliation for reporting discrimination

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.

READ OUR RELATED ARTICLES

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

» Title VII of the Civil Rights Act of 1964

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

LEARN MORE

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

–gw

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Is Washington State an at-will employment state?

Is Washington State an at-will employment state?
FAQ: Is Washington State an at-will 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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Is Washington State an at-will employment state?

answer:

Washington has been an “at-will” employment state since at least 1928.  See Ford v. Trendwest Resorts, Inc., 146 Wn.2d 146, 152, 43 P.3d 1223, (Wash. 2002) (referencing Davidson v. Mackall-Paine Veneer Co., 149 Wash. 685, 688, 271 P. 878 (1928); see also Prescott v. Puget Sound Bridge & Dredging Co., 40 Wash. 354, 357, 82 P. 606 (1905) (Mount, C.J., dissenting) (“where [an employment] contract is general and for an indefinite time, it is terminable at will.”)).

According to the at-will doctrine, “an employer can discharge an at-will employee for no cause, good cause or even cause morally wrong without fear of liability.” See id. (citing Thompson v. St. Regis Paper Co., 102 Wash.2d 219, 226, 685 P.2d 1081 (1984)) (internal quotation marks omitted). “Conversely, in the absence of a contract stating otherwise, an employee has the absolute right to abandon … [their] employment at-will.” See id.

However, there are three recognized exceptions to the general at-will employment doctrine: (1) Statutory; (2) Judicial and; (3) Contractual.

READ OUR RELATED ARTICLES

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

» Constructive Discharge in WA State*

» Effective Date For Constructive Discharge (WA State)

» Retaliatory Discharge (WA State)

» The Prima Facie Case: Discriminatory Discharge

» WA State Torts: Wrongful Termination in Violation of Public Policy*

» What is the Statute of Limitations for Wrongful Termination in WA?

» What Qualifies as Wrongful Termination in Washington?

» WLAD: The Discriminatory Discharge Provision*

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

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Employment Law 101: Statute of Limitations

Employment Law 101: Statute of Limitations
STATUTE OF LIMITATIONS

Under Washington State laws, what is the meaning of “statute of limitations” within the context of civil litigation? 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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Introduction: Statute of Limitations

Within the context of Washington State civil litigation, the concept of the statute of limitations serves as an essential thread that weaves together justice, fairness, and practicality. Rooted in the belief that legal actions should be pursued within a reasonable timeframe, the statute of limitations imposes a temporal boundary on the initiation of lawsuits. This legal doctrine aims to strike a delicate balance between the need for timely resolution and the preservation of fundamental fairness. In this article, I will define the term, address its key principles, and discuss exceptions and tolling.

Defining Statute of Limitations

The statute of limitations is a legal principle that dictates the maximum time allowed for a plaintiff to bring a lawsuit or legal action against a defendant. Its primary purpose is to ensure that legal disputes are resolved promptly, avoiding the complications that arise from the passage of time, such as fading memories, lost evidence, and changes in circumstances.

Statutes of limitations can vary depending on the legal theory; to learn about the statute of limitations for employment discrimination claims under the Washington Law Against Discrimination (WLAD), we invite you to read our article entitled: WLAD Statute of Limitations.

Key Principles

1. Preserving Evidence and Witness Testimony:

The statute of limitations acts as a safeguard against the deterioration of evidence and witness testimony over time. It recognizes the inherent challenges of litigating a case where memories may fade, documents may be lost, and witnesses may become unavailable.

2. Promoting Judicial Efficiency:

Efficiency is a cornerstone of the American legal system, and the statute of limitations plays a vital role in achieving this goal. By encouraging prompt legal action, it helps prevent the clogging of court dockets with stale claims, allowing the legal system to focus on resolving current and pressing issues.

3. Balancing Fairness and Finality:

The statute of limitations embodies the principle of fairness by providing a degree of legal certainty for potential defendants. Once the prescribed time limit has passed, individuals and entities can reasonably expect to be free from the threat of litigation related to a particular incident, promoting finality in legal matters.

Exceptions and Tolling

While the statute of limitations is generally rigid, exceptions and tolling provisions exist. These may include circumstances such as the discovery of fraud or the minority of the plaintiff at the time of the incident, which can extend the time frame within which legal action can be initiated. To learn more about tolling the statute of limitations for employment discrimination claims under the WLAD, we invite you to read our article entitled: WLAD Statute of Limitations: Equitable Tolling.

Conclusion

The statute of limitations serves as a guardian of justice, ensuring that legal disputes are resolved in a timely manner while balancing the interests of both plaintiffs and defendants. Understanding the nuances of these temporal boundaries is vital for anyone handling lawsuits or legal actions, highlighting the intricate interplay between fairness, efficiency, and the pursuit of justice within the bounds of time.

Read Our Related Articles

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

» Employment Law 101: Alternative Dispute Resolution

» Employment Law 101: Definition of Pleading

» Employment Law 101: Depositions

» Employment Law 101: Discovery (WA State)

» Employment Law 101: Legal Theory

» Employment Law 101: Mediation

» Employment Law 101: Motions

» Employment Law 101: Remedies

» Employment Law 101: Summary Judgment (WA State)

» Employment Law 101: The Complaint

» Employment Law 101: The Defendant

» Employment Law 101: The Plaintiff

» Employment Law 101: The Summons

LEARN MORE

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

–gw