Uncategorized Archives — LAW OFFICE OF GREGORY A. WILLIAMS

December 4, 2025December 4, 2025

Employment Law 101: 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

September 25, 2025January 8, 2026

WSHRC: Nature of Orders and Enforcement

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning the nature of orders and enforcement? 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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WAC 162-08-305: Understanding the Public Nature of Commission Orders

WAC 162-08-305* defines how orders issued in Washington State Human Rights Commission proceedings function and who controls their enforcement. The rule emphasizes that these orders are tools of public law enforcement rather than private remedies owned by individual complainants.

Orders Serve a Public Enforcement Role

Under this regulation, orders secured by Commission counsel are characterized as public reparation orders. They are not judgments resolving private disputes between respondents and affected individuals. Even when an order directs a respondent to reinstate or compensate a person harmed by an unfair practice, the beneficiary does not hold a vested property right in that relief until it is actually delivered. This reflects the Commission’s statutory role in advancing compliance with the Law Against Discrimination on behalf of the public at large.

Enforcement Is Reserved to the Commission

The rule also centralizes enforcement authority. With limited statutory and regulatory exceptions (see RCW 49.60.260* and WAC 162-08-288*, respectively), only the Commission—acting through its legal counsel—may enforce an administrative law judge’s order. See RCW 49.60.260*. Individual complainants or beneficiaries do not have independent standing to enforce these orders, reinforcing the distinction between Commission proceedings and private civil actions.

Authority to Modify or Settle Orders

Finally, WAC 162-08-305* authorizes the Commission to compromise an order in good faith, even without the agreement of the individuals who would benefit from it. Except in certain real estate-related cases, this discretion allows the Commission to manage enforcement in a way that accounts for practical realities, legal risk, and broader policy objectives.

Implications

WAC 162-08-305* underscores that remedies issued through the Human Rights Commission are designed to vindicate public interests. While individuals may benefit from these orders, ultimate control over enforcement and resolution remains with the Commission itself.

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

» WA State Human Rights Commission Complaints

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

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Relationship of Commission to Complainant

» WSHRC: Withdrawal of Complaint

LEARN MORE

–gw

September 11, 2025September 11, 2025

WSHRC: Breach of Conciliated Agreement

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

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Breach of Conciliated Agreement Under Washington Law

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

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

WAC 162-08-109
Breach of conciliated agreement.

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

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

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

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

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

Options Available to the Commission

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

1. Specific Enforcement in Court

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

2. Setting Aside the Agreement

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

3. Referral for Prosecution

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

Why This Rule Matters

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

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

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

» Remedies for Breach of Conciliation Agreements*

» WSHRC: Objective of Conciliation

LEARN MORE

–gw

June 26, 2025June 26, 2025

Pre-Litigation Settlement Caps: EEOC vs. WSHRC

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

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Settling Employment Discrimination Claims: EEOC and WSHRC Settlement Caps

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Conclusion

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

READ OUR RELATED ARTICLES

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

» EEOC: The Notice of Right to Sue

» Title VII of the Civil Rights Act of 1964

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

» WSHRC: Organization and Operations

LEARN MORE

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

–gw

June 12, 2025

Why Do Some Employers Unlawfully Discriminate?

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.

This kind of reasoning may violate laws like the WLAD, Title VII of the Civil Rights Act of 1964 (Title VII), Equal Pay Act*, or ADEA*. Cost alone is not a defense to discriminatory practices.

4. Discriminatory Customer or Client Preferences

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.

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

–gw

June 7, 2025October 8, 2025

Constructive Discharge Is an Adverse Employment Action (9th Circuit)

Is constructive discharge considered an adverse employment action in the 9th Circuit? 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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Constructive Discharge (or Termination)

In Washington State, resignation from employment is presumed to be voluntary. Molsness v. City of Walla Walla, 84 Wn. App. 393, 398, 928 P.2d 1108 (1996) (citing Sneed v. Barna, 80 Wn. App. 843, 912 P.2d 1035 (1996)). The legal theory of constructive discharge allows plaintiffs to rebut that presumption under both state (i.e., Washington Law Against Discrimination) and federal law (i.e., Title VII and Section 1981).

Constructive Discharge Is an Adverse Employment Action (9th Circuit)

The Ninth Circuit broadly defines an “adverse employment action” as “any action ‘reasonably likely to deter employees from engaging in protected activity.’” Pardi v. Kaiser Found. Hosps., 389 F.3d 840, 850 (9th Cir. 2004) (quoting Ray v. Henderson, 217 F.3d 1234, 1243 (9th Cir. 2000); see also Poland v. Chertoff, 494 F.3d 1174, 1180 (9th Cir. 2007)). “A constructive discharge–if proven–constitutes an adverse employment action.” Jordan v. Clark, 847 F.2d 1368, 1377 n.10 (9th Cir. 1988) (hyperlink added).

Accordingly, plaintiffs typically use constructive discharge to support viable legal theories of employment discrimination that require adverse employment actions to establish a prima facie case.

Read our related articles

» Effective Date for Constructive Discharge

» What Is Constructive Termination in WA State?

need help?

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

-gw

June 5, 2025

Employment Law 101: Settlement Agreements

In Washington State, what are settlement agreements within the context of employment-law litigation? Here’s my point of view.

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Finality Through Compromise: The Role of Settlement Agreements in Employment Law

In employment disputes—often emotionally charged and legally complex—settlement agreements provide a structured and efficient path toward resolution. These agreements, rooted in the well-established principles of contract law, allow employers and employees to avoid the uncertainty and expense of protracted litigation. Courts in Washington, and across the country, consistently support settlements as essential tools for resolving workplace disputes with finality and fairness.

Settlement Agreements: Contracts with Legal Weight

Settlement agreements in the employment context function as legally enforceable contracts and are governed by traditional contract principles—requiring offer, acceptance, consideration, and mutual assent. See Elgiadi v. Wash. State Univ. Spokane, 519 P.3d 939, 941 (Wash. App. 2022) (citing Stottlemyre v. Reed, 35 Wn. App. 169, 171, 665 P.2d 1383 (1983)).

Whether resolving a wrongful termination claim, a wage dispute, or allegations of workplace discrimination, the settlement process formalizes the parties’ agreement to dismiss legal claims in exchange for agreed-upon terms. Once executed, these contracts carry binding legal effect, providing closure and clarity for both employer and employee.

Mutual Concessions: The Nature of Employment Settlements

Employment settlements, like all compromises, involve mutual concessions with parties typically accepting less than what they believe they are entitled to in order to avoid the risks and burdens of litigation. See id. (citing Harding v. Will, 81 Wn.2d 132, 138, 500 P.2d 91 (1972); Strozier v. General Motors Corp., 635 F.2d 424, 425 (5th Cir. 1981); 15B AM. JUR. 2D COMPROMISE AND SETTLEMENT AGREEMENTS § 1 (2021)).

This is particularly true in employment disputes, where the cost of litigation, the unpredictability of jury verdicts, and the reputational stakes for both parties can be substantial. Employees may choose to settle for a guaranteed financial payment rather than risk a less favorable outcome at trial. Employers, in turn, often settle to avoid continued liability, disruption to business operations, and additional legal fees. See id. at 942.

A Strong Public Policy Favoring Settlement

Washington courts have repeatedly emphasized the strong public policy favoring settlements “and the finality they afford.” Id. at 941 (citing Haller v. Wallis, 89 Wash.2d 539, 544, 573 P.2d 1302 (1978)). Accordingly, “Washington jurisprudence recognizes a strong public policy encouraging settlements.” Id. at 941-42 (citing Am. Safety Cas. Ins. Co. v. City of Olympia, 162 Wash.2d 762, 772, 174 P.3d 54 (2007); City of Seattle v. Blume, 134 Wash.2d 243, 258, 947 P.2d 223 (1997); Seafirst Ctr. Ltd. P’ship v. Erickson, 127 Wash.2d 355, 366, 898 P.2d 299 (1995)).

In the employment context, this policy promotes quicker resolution of disputes, helping both parties move forward. It also supports a more cooperative legal environment—one that encourages dialogue and resolution rather than extended confrontation. Ultimately, settlements benefit the legal system by conserving judicial resources and providing certainty to the parties involved.

Finality: The Cornerstone of Settlement

A key aspect of any employment settlement agreement is finality. As emphasized in Haller v. Wallis, 89 Wash.2d at 544, 573 P.2d 1302, the legal system disfavors attempts to reopen resolved disputes. Once a settlement is reached and claims are released, the employer should be protected from further liability regarding the same issues.

This principle is especially important for employers, who often settle in order to eliminate the ongoing costs and uncertainties of litigation. Allowing a plaintiff to revisit settled claims would defeat the entire purpose of compromise, exposing employers to renewed legal exposure after paying to resolve the matter.

To ensure finality, settlement agreements in employment cases typically include comprehensive release of claims clauses. These provisions explicitly bar the employee from bringing future claims arising out of the same employment relationship or incident—giving employers the legal certainty they need to close the book on the dispute.

Conclusion

In employment law, where legal claims can carry high financial and reputational stakes, settlement agreements offer a vital path to resolution. Governed by contract principles and bolstered by strong public policy, these agreements serve both employer and employee by delivering certainty, efficiency, and finality. For employers and counsel alike, understanding the enforceability and purpose of settlement agreements is essential in navigating the complex world of workplace disputes.

READ OUR RELATED ARTICLES

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

» Illegal Contracts in Washington State

» Interpreting Releases in Washington State*

» The Adhesion Contract*

» Unenforceable Employment-Contract Provisions and Discrimination Claims*

» Washington Contract Law and Sham Consideration*

» WA State Contracts & the Context Rule*

» Washington Contract Law and Sham Consideration*

LEARN MORE

–gw

March 27, 2025April 3, 2025

Origin of the Disparate Impact Claim

Under Title VII of the Civil Rights Act of 1964, what is the origin of the disparate impact claim? Here’s my point of view.

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ORIGIN OF THE DISPARATE IMPACT CLAIM: GRIGGS V. DUKE POWER CO.

In Griggs v. Duke Power Co., 401 U.S. 424, 91 S.Ct. 849, 28 L.Ed.2d 158 (1971), “the [United States] Supreme Court held that Title VII prohibits employment practices that are discriminatory in effect as well as those based on discriminatory intent.” Kumar v. Gate Gourmet, Inc., 180 Wn.2d 481, 498, 325 P.3d 193 (Wash. 2014) (citing Griggs, 401 U.S. at 429-30) (emphasis in original) (hyperlink added).

“The unanimous Griggs Court reasoned that Title VII‘s purposes could not be achieved unless the statute was construed to bar practices … neutral on their face, and even neutral in terms of intent [that] operate to ‘freeze’ the status quo of prior discriminatory employment practices.” Kumar, 180 Wn.2d at 498 (citing Griggs, 401 U.S. at 430) (alteration in original) (internal quotation marks omitted) (hyperlink added).

“The [U.S.] Supreme Court therefore held that Title VII barred even a facially neutral job requirement if that requirement disproportionately burdened a protected class, unless the requirement bore a legitimate relation to ‘job performance,’ that is, unless it constituted a ‘business necessity.'” Id. at 498-99 (citing Griggs, 401 U.S. at 431) (hyperlink added). “The Griggs decision created the cause of action now known as a ‘disparate impact’ claim.'” Kumar, 180 Wn.2d at 499 (citing Smith v. City of Jackson, 544 U.S. 228, 230, 125 S.Ct. 1536, 161 L.Ed.2d 410 (2005)) (emphasis added).

READ OUR RELATED ARTICLES

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

» The Prima Facie Case: Disparate Impact

» Title VII of the Civil Rights Act of 1964

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.

March 15, 2025April 17, 2025

Presumption of Acquiescence

Under Washington State canons of statutory construction, what is the canon regarding presumption of acquiescence? Here’s my point of view.

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PRESUMPTION OF ACQUIESCENCE

Under the Presumption-of-Acquiescence canon, “Legislative silence regarding the construed portion of the statute in a subsequent amendment creates a presumption of acquiescence in that construction.” Dailey v. North Coast Life Insurance Company, 129 Wn.2d 572, 581 (Wash. 1996) (Talmadge, J., concurring) (concluding that the Washington State Legislature “clearly understood it was adopting exemplary damages as part of Washington’s antidiscrimination law when it amended RCW 49.60.030(2) in 1993 and 1995.” (citing Baker v. Leonard, 120 Wash.2d 538, 545, 843 P.2d 1050 (1993). State v. Ritchie, 126 Wash.2d 388, 393, 894 P.2d 1308 (1995). See also State v. Young, 125 Wash.2d 688, 696, 888 P.2d 142 (1995); In re King County Foreclosure of Liens, 117 Wash.2d 77, 86, 811 P.2d 945 (1991) (“the Legislature is presumed to know existing case law in areas in which it is legislating”))). Id.

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-gw

March 6, 2025March 20, 2025

The Tort of Battery

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

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THE TORT OF BATTERY (WA STATE)

A tort is “[a] civil wrong, other than breach of contract, for which a remedy may be obtained, usu. in the form of damages; a breach of a duty that the law imposes on persons who stand in a particular relation to one another.” Black’s Law Dictionary 1526 (8th ed. 2004). The tort of “‘battery’ is an intentional and unpermitted contact with the plaintiff’s person.” Kumar v. Gate Gourmet, Inc., 180 Wn.2d 481, 504, 325 P.3d 193 (Wash. 2014).

THE ELEMENTS

“A defendant is liable for battery if[:]

(a) he [or she] acts intending to cause a harmful or offensive contact with the [plaintiff or a third party], or an imminent apprehension of such contact, and

(b) a harmful or offensive contact with the [plaintiff] directly or indirectly results.

Id. (citing Restatement (Second) of Torts § 13 (1965)) (second-fourth alterations in original) (internal quotation marks omitted) (emphasis added).

Thus, “[a] person … commits a battery where he or she performs [a]n act which, directly or indirectly, is the legal cause of a harmful contact with another’s person and that act is intentional, is not consented to, and is otherwise unprivileged.” Id. at 504 (second alteration in original) (internal citations an quotation marks omitted).

Battery cases often involve one or more of the following Issues: (1) offensive bodily contact, (2) intent, (3) force, and (4) fraud/duress.

(1) OFFENSIVE BODILY CONTACT

In Washington, “[a] bodily contact is offensive if it offends a reasonable sense of personal dignity.” Id. (citing Restatement (Second) of Torts § 19). “Thus, an offensive contact does not have to result in physical injury to constitute a battery.” Id. (referencing Seigel v. Long, 169 Ala. 79, 53 So. 753 (1910) (“facts established claim for battery where defendant pushed plaintiff’s hat back in order to see his face”); Crawford v. Bergen, 91 Iowa 675, 60 N.W. 205 (1894) (“facts established claim for battery where defendant placed his hand on the plaintiff’s shoulder and asked him an insulting question”)).

Nature of the Contact: “[T]he ‘contact’ element of a battery is simply a harmful or an offensive contact with the plaintiff; thus, a battery can occur where, for example, the plaintiff comes in harmful contact with the ground but never touches the defendant.” Id. at 504 (internal citation omitted).

(2) INTENT

“[T]he ‘intent’ element of battery is satisfied where a defendant knows to a ‘substantial certainty’ that his actions will result in the harmful or offensive touching.” Id. at 504-05 (internal citation omitted).

(3) FORCE

“‘[F]orce’ is not an element of battery.” Id. at 504 (internal citation omitted).

(4) FRAUD/DURESS

“A person therefore commits a battery where he or she performs [a]n act which, directly or indirectly, is the legal cause of a harmful contact with another’s person and that act is intentional, is not consented to, and is otherwise unprivileged.” Id. at 504 (alteration in original) (internal citations an quotation marks omitted). “These elements are met where the plaintiff’s consent to the contact is procured by fraud or duress.” Id. at 505 (internal citations omitted).

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