Uncategorized Archives — LAW OFFICE OF GREGORY A. WILLIAMS

September 19, 2024October 21, 2024

Notices of Disqualification

Under Washington State laws and court rules, what are notices of disqualification when engaged in civil 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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NOTICES OF DISQUALIFICATION — DISQUALIFICATION OF JUDGES

The General Law

“Notices of disqualification” concern disqualification of judges during civil litigation. The relevant Washington State law concerning disqualification of judges is, in part, as follows:

Disqualification of judge, transfer to another department, visiting judge—Change of venue generally, criminal cases.

(1) No judge of a superior court of the state of Washington shall sit to hear or try any action or proceeding if that judge has been disqualified pursuant to RCW 4.12.050. …

RCW 4.12.040(1) (emphasis and hyperlink added).

The Notice of Disqualification — RCW 4.12.050

Thus, pursuant to RCW 4.12.050*, any party to a lawsuit may disqualify a judge of a superior court from hearing a matter–subject to certain limitations–as follows:

Notice of disqualification.

(1) Any party to or any attorney appearing in any action or proceeding in a superior court may disqualify a judge from hearing the matter, subject to these limitations:

(a) Notice of disqualification must be filed and called to the attention of the judge before the judge has made any discretionary ruling in the case.

(b) In counties with only one resident judge, the notice of disqualification must be filed not later than the day on which the case is called to be set for trial.

(c) A judge who has been disqualified under this section may decide such issues as the parties agree in writing or on the record in open court.

(d) No party or attorney is permitted to disqualify more than one judge in any matter under this section and RCW 4.12.040*.

(2) Even though they may involve discretion, the following actions by a judge do not cause the loss of the right to file a notice of disqualification against that judge: Arranging the calendar, setting a date for a hearing or trial, ruling on an agreed continuance, issuing an arrest warrant, presiding over criminal preliminary proceedings under CrR 3.2.1*, arraigning the accused, fixing bail, and presiding over juvenile detention and release hearings under JuCR 7.3* and 7.4*.

…

RCW 4.12.050* (emphasis, hyperlinks, and asterisks added).

The Discretionary Ruling Limitation — Timeliness

There are several limitations concerning disqualification of judges. “One limitation is that a notice of disqualification must be filed ‘before the judge has made a discretionary ruling in the case.'” Austin v. King Cnty., 58124-8-II (Wash. App. Jul 02, 2024) (footnote omitted). NOTE:

[The affidavit of prejudice]

“What RCW 4.12.050* calls a ‘notice of disqualification’ is also referred to as an ‘affidavit of prejudice,’ based on previous versions of RCW 4.12.050.”

Austin, 58124-8-II at 3 n.1 (citing Godfrey v. Ste. Michelle Wine Estates Ltd., 194 Wn.2d 957, 961-62, 453 P.3d 992 (2019)) (emphasis and hyperlink added).

“In other words, an affidavit of prejudice is timely if it is filed before the superior court judge makes any order or ruling involving discretion.” Id. at 3 (citing Godfrey v. Ste. Michelle Wine Estates Ltd., 194 Wn.2d 957, 962, 453 P.3d 992 (2019)) (internal quotation marks omitted).

A Matter of Right if All Requirements Met

“If the requirements of RCW 4.12.050(1)* are met, a party can disqualify the judge presiding over the action as a matter of right.” Id. (citing State v. Gentry, 183 Wn.2d 749, 759, 356 P.3d 714 (2015)) (hyperlink added). “A timely notice of disqualification must be granted.” Id. (citing Godfrey, 194 Wn.2d at 961).

A Question of Law Reviewed De Novo

“Whether a judge has made a discretionary decision under RCW 4.12.050* is a question of law that … [courts] review de novo.” Id. (citing State v. Lile, 188 Wn.2d 766, 776, 398 P.3d 1052 (2017)) (hyperlink added).

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

September 5, 2024October 21, 2024

Adverse Employment Actions: A Closer Look

Under Washington State laws, what are considered adverse employment actions when pursuing a claim of unlawful retaliation? Here’s my point of view.

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UNLAWFUL RETALIATION — THE PRIMA FACIE CASE

“To establish a prima facie case of retaliation for a protected activity under the [Washington Law Against Discrimination,] … an employee must show that[:]

(1) he engaged in a statutorily protected activity,

(2) the employer took an adverse employment action against the employee, and

(3) there is a causal connection between the employee‘s activity and the employer‘s adverse action.

Boyd v. State*, 187 Wn.App. 1, 11-12, 349 P.3d 864 (Div. 2 2015) (citing Estevez v. Faculty Club of Univ. of Wash., 129 Wn.App. 774, 797, 120 P.3d 579 (2005); Scrivener v. Clark Coll.*, 181 Wn.2d 439, 446, 334 P.3d 541 (2014)) (hyperlinks added) (footnote omitted).

ELEMENT #2 — ADVERSE EMPLOYMENT ACTION

Within the context of unlawful retaliation claims, “[a]n adverse employment action involves a change in employment that is more than an inconvenience or alteration of one’s job responsibilities.” Boyd*, 187 Wn.App. at 13 (citing Alonso v. Qwest Commc’ns Co.*, 178 Wn.App. 734, 746, 315 P.3d 610 (2013)).

THE GENERAL STANDARD

To establish an adverse employment action, “[t]he employee must show that a reasonable employee would have found the challenged action materially adverse, meaning that it would have ‘dissuaded a reasonable worker from making or supporting a charge of discrimination.'” Id. (citing Burlington N., 548 U.S. 53, 68, 126 S.Ct. 2405, 165 L.Ed.2d 345 (2006)) (internal quotation marks and citations omitted).

Ultimately, “whether a particular action would be viewed as adverse by a reasonable employee is a question of fact appropriate for a jury.” Id. at 13-14 (citations omitted).

Demotions, Adverse Transfers, or Hostile Work Environments

An adverse employment action “includes[, but is not limited to,] a demotion or adverse transfer, or a hostile work environment.” Id. (citing Kirby v. City of Tacoma, 124 Wn.App. 454, 465, 98 P.3d 827 (2004) (quoting Robel v. Roundup Corp.*, 148 Wn.2d 35, 74 n.24, 59 P.3d 611 (2002))).

Materially Adverse Reassignments

“Whether a particular reassignment is materially adverse depends upon the circumstances of the particular case, and ‘should be judged from the perspective of a reasonable person in the plaintiff’s position.'” Id. (citing Tyner v. Dep’t of Soc. & Health Servs., 137 Wn.App. 545, 565, 154 P.3d 920 (2007)) (internal quotation marks and citations omitted).

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August 29, 2024October 21, 2024

Cat’s Paw Theory of Liability (WA State)

Cat's Paw Theory of Liability (WA State)

In Washington State, what is the cat’s paw theory of liability? Here’s my point of view.

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CAT’S PAW THEORY OF LIABILITY — SUBORDINATE BIAS LIABILITY

In Washington State, the “cat’s paw” theory of liability is consistent with the law on subordinate bias liability. See Boyd v. State*, 187 Wn.App. 1, 20, 349 P.3d 864 (Div. 2 2015). “Under the cat’s paw theory, the animus of a non-decision-maker who has a singular influence may be imputed to the decision-maker.” Id.* at 21 n.1 (citing Staub v. Proctor Hosp., 562 U.S. 411, 131 S.Ct. 1186, 179 L.Ed.2d 144 (2011)).

THE GENERAL RULE

The general rule is as follows:

[I]f a supervisor* performs an act motivated by … animus that is intended by the supervisor to cause an adverse employment action, and if that act is a proximate cause of the ultimate employment action, then the employer is liable.

Id.* at 20 (citing Staub v. Proctor Hospital, 562 U.S. 411, 131 S.Ct. 1186, 1194, 179 L.Ed.2d 144 (2011) (footnote omitted)) (alteration in original) (internal quotation marks omitted) (emphasis and hyperlink added). Note: the term proximate cause is undefined.

PROXIMATE CAUSE

“Under Washington law, in order for the act to be a proximate cause, it must be a substantial factor.” Id.* (citing City of Vancouver v. Pub. Emp’t Relations Comm’n, 180 Wn.App. 333, 356, 325 P.3d 213 (2014) (“a complainant seeking to use the subordinate bias theory of liability must show that the subordinate’s animus was a substantial factor in the decision”)) (internal quotation marks omitted) (emphasis added).

INDEPENDENT INVESTIGATIONS & CAUSATION

Oftentimes, the employer-defendant under a cat’s paw theory of liability will claim that it conducted an “independent investigation” and found an unrelated basis for the adverse employment actions upon which the plaintiff-employee seeks recourse. In such a case, employers will typically argue that the so-called independent investigation was a supervening cause of any retaliatory animus. Nevertheless: “[A]n independent investigation does not necessarily relieve the employer of liability for an adverse employment action.” Id.* (citing Staub v. Proctor Hospital, 562 U.S. 411, 131 S.Ct. 1186, 1193, 179 L.Ed.2d 144 (2011)).

If the independent investigation “relies on facts provided by the biased supervisor—as is necessary in any case of cat’s-paw liability—then the employer (either directly or through the ultimate decision maker) will have effectively delegated the factfinding portion of the investigation to the biased supervisor.” Id.* at 18. Accordingly, the plaintiff may have a firm basis to argue that a causal connection exists, depending on the evidence. See, e.g., id.*

However: “[I]f the employer’s investigation results in an adverse action for reasons unrelated to the supervisor’s original biased action … then the employer will not be liable.” Id.* at 18 (citing Staub, 131 S.Ct. at 1193) (alteration in original).

ORIGINS OF CAT’S PAW THEORY OF LIABILITY

“The term ‘cat’s paw’ originated in the fable, ‘The Monkey and the Cat,’ by Jean de La Fontaine[:]

As told in the fable, the monkey wanted some chestnuts that were roasting in a fire. Unwilling to burn himself in the fire, the monkey convinced the cat to retrieve the chestnuts for him. As the cat carefully scooped the chestnuts from the fire with his paw, the monkey gobbled them up. By the time the serving wench caught the two thieves, no chestnuts were left for the unhappy cat.

Id.* at 21 n.1 (citing Julie M. Covel, The Supreme Court Writes A Fractured Fable of the Cat’s Paw Theory in Staub v. Proctor Hospital [Staub v. Proctor Hospital, 562 U.S. 411, 131 S.Ct. 1186, 179 L.Ed.2d 144 (2011)], 51 Washburn L.J. 159, 159 (2011) (footnotes omitted)) (citation alteration in original).

THE CAT & THE MONKEY

“In the workplace, the cat represents an unbiased decision-maker who disciplines an employee unknowingly due to a supervisor’s bias, represented by the monkey.” Id.* (citing Edward G. Phillips, Staub v. Proctor Hospital: The Cat’s Paw Theory Gets Its Claws Sharpened, 47 Tenn. B.J. June, 2011, at 21).

READ OUR RELATED ARTICLES

» Intentional Infliction of Emotional Distress & Supervisors*

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August 22, 2024April 29, 2025

Discrimination Because of Marital Status (WSHRC)

Under the Washington State Human Rights Commission regulations, what is the rule concerning discrimination because of marital status? Here’s my point of view.

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THE WASHINGTON STATE HUMAN RIGHTS COMMISSION

Created by the Washington State Legislature in 1949, the Washington State Human Rights Commission (WSHRC) is a key state agency tasked with both administering and enforcing the Washington Law Against Discrimination (WLAD). See Washington State Human Rights Commission Website, https://www.hum.wa.gov/about-us* (last visited August 21, 2024). Its “mission … is to eliminate and prevent discrimination in Washington State through the fair application of the law, efficient use of resources, and establishment of productive partnerships in the community.” Id.

DISCRIMINATION BECAUSE OF MARITAL STATUS

WSHRC regulations are contained under Title 162 WAC* (WAC is the acronym for Washington Administrative Code). The general rule concerning discrimination because of marital status is found therein, as follows:

WAC 162-16-250
Discrimination because of marital status.

(1) General rule. It is an unfair practice to discriminate against an employee or job applicant because of marital status. Examples of unfair practices include, but are not limited to:

(a) Refusing to hire a single or divorced applicant because of a presumption that “married persons are more stable.”

(b) Refusing to promote a married employee because of a presumption that he or she “will be less willing to work late and travel.”

WAC 162-16-250(1)* (hyperlinks and paragraph formatting added).

EXCEPTIONS TO THE RULE

There are exceptions to the general rule, as follows:

WAC 162-16-250
Discrimination because of marital status.

…

(2) Exceptions to the rule. There are narrow exceptions to the rule that an employer, employment agency, labor union, or other person may not discriminate on the basis of marital status:

(a) If a bona fide occupational qualification applies (please see WAC 162-16-240*).

(b) If an employer is enforcing a documented conflict of interest policy limiting employment opportunities on the basis of marital status:

(i) Where one spouse would have the authority or practical power to supervise, appoint, remove, or discipline the other;

(ii) Where one spouse would be responsible for auditing the work of the other;

(iii) Where other circumstances exist which would place the spouses in a situation of actual or reasonably foreseeable conflict between the employer’s interest and their own; or

(iv) Where, in order to avoid the reality or appearance of improper influence or favor, or to protect its confidentiality, the employer must limit the employment of close relatives of policy level officers of customers, competitors, regulatory agencies, or others with whom the employer deals.

WAC 162-16-250(2)* (hyperlinks and paragraph formatting added).

WLAD REMEDIES

Victims of discrimination in violation of the WLAD may seek generous remedies. “Any person deeming himself or herself injured by any act in violation of … [the WLAD] 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)*.

READ OUR RELATED ARTICLES

» Definition of Commission (WLAD)

» Definition of Marital Status (WLAD)

» Remedies for Breach of Conciliation Agreements*

» The Intersection of WSHRC and EEOC*

» The Washington State Human Rights Commission*

» WA State Human Rights Commission Complaints

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

» WA State Human Rights Commission: Damages for Humiliation & Suffering*

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August 9, 2024October 21, 2024

Judicial Notice of Adjudicative Facts

Under Washington State Court Rules, what is Evidence Rule (ER) 201 — judicial notice of adjudicative facts? Here’s my point of view.

(IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer | Terms of Use | Privacy Policy before proceeding.)

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WA STATE COURT RULES — RULES OF EVIDENCE — PURPOSE & CONSTRUCTION

The Washington State Court Rules, Rules of Evidence*, must “be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.” ER 102*. The WA State Rules of Evidence addresses, inter alia, judicial notice of adjudicative facts.

JUDICIAL NOTICE OF ADJUDICATIVE FACTS

Generally, “judicial notice” means “[a] court’s acceptance, for purposes of convenience and without requiring a party’s proof, of a well-known and indisputable fact; the court’s power to accept such a fact <the trial court took judicial notice of the fact that water freezes at 32 degrees Fahrenheit>. Fed. R. Evid. 201.” Black’s Law Dictionary 863-64 (Deluxe 8th ed. 2004).

In Washington State, ER 201* is the relevant rule, and it contains the following topics: (a) the kinds of facts subject to it’s mandate, (b) when notice is discretionary, (c) when notice is mandatory, (d) opportunity to be hard, and (e) timing of the notice. ER 201(a)*.

(a) Kinds of Facts

Under the rule, “[a] judicially noticed fact must be one not subject to reasonable dispute in that it is either[:]

(1) generally known within the territorial jurisdiction of the trial court or

(2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

ER 201(b)*.

(b) When Discretionary

The “court MAY take judicial notice, whether requested or not.” ER 201(c)* (emphasis added).

(c) When Mandatory

However, a court MUST “take judicial notice if requested by a party and supplied with the necessary information.” ER 201(d)*.

(d) Opportunity To Be Heard

In any event: “A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken.” ER 201(e)*.

(e) Timing of Taking Notice

“Judicial notice may be taken at any stage of the proceeding.” ER 201(f)*.

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.

August 8, 2024October 21, 2024

Definition of Discriminatory Boycotts or Blacklists (WLAD)

Under the Washington Law Against Discrimination (WLAD), what is the definition of “discriminatory boycotts or blacklists”? 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 is a potent statute enacted in 1949, and it covers a broad array of categories, including the following:

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 protects, inter alia, employees from the unfair practices of employers.

UNFAIR PRACTICES OF EMPLOYERS

Under the WLAD, certain employers are prohibited from engaging in specific unfair practices in employment. The relevant law states as follows:

It is an unfair practice for any employer:

[REFUSE TO HIRE]

(1) To refuse to hire 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, unless based upon a bona fide occupational qualification: PROVIDED, That the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved: PROVIDED, That this section shall not be construed to require an employer to establish employment goals or quotas based on sexual orientation.

[dISCHARGE OR BAR FROM EMPLOYMENT]

(2) To discharge or bar any person from employment 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.

[DISCRIMINATE IN COMPENSATION OR IN OTHER TERMS/CONDITIONS OF EMPLOYMENT]

(3) To discriminate against any person in compensation or in other terms or conditions of employment 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: PROVIDED, That it shall not be an unfair practice for an employer to segregate washrooms or locker facilities on the basis of sex, or to base other terms and conditions of employment on the sex of employees where the commission by regulation or ruling in a particular instance has found the employment practice to be appropriate for the practical realization of equality of opportunity between the sexes.

[STATEMENTS, ADVERTISEMENTS, PUBLICATIONS, APPLICATIONS FOR EMPLOYMENT, INQUIRIES IN CONNECTION WITH PROSPECTIVE EMPLOYMENT]

(4) To print, or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to 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, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification: PROVIDED, Nothing contained herein shall prohibit advertising in a foreign language.

RCW 49.60.180 (emphasis and hyperlinks added).

DEFINITION OF DISCRIMINATORY BOYCOTTS OR BLACKLISTS

The WLAD defines “discriminatory boycotts or blacklists” as follows:

…

(f) … Discriminatory boycotts or blacklists for purposes of … [RCW 49.60.030] shall be defined as the formation or execution of any express or implied agreement, understanding, policy or contractual arrangement for economic benefit between any persons which is not specifically authorized by the laws of the United States and which is required or imposed, either directly or indirectly, overtly or covertly, by a foreign government or foreign person in order to restrict, condition, prohibit, or interfere with or in order to exclude any person or persons from any business relationship on the basis of race, color, creed, religion, sex, honorably discharged veteran or military status, sexual orientation, 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, or national origin, citizenship or immigration status, or lawful business relationship:

PROVIDED HOWEVER, That nothing herein contained shall prohibit the use of boycotts as authorized by law pertaining to labor disputes and unfair labor practices[.]

RCW 49.60.030(1)(f) (emphasis, paragraph formatting, and hyperlinks added). Victims of discrimination in violation of the WLAD may seek generous remedies.

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).

Employment Law 101: Alternative Dispute Resolution

Under Washington State laws, what does the term “alternative dispute resolution” mean within the context of civil legal proceedings? Here’s my point of view.

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Introduction: Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution plays an important role in Washington State civil law, offering an innovative approach to conflict resolution outside the confines of traditional courtrooms. In this article, I will explore the meaning and importance of Washington State ADR, examining various methodologies and the crucial role it plays in facilitating efficient and harmonious resolutions to civil disputes.

Defining Alternative Dispute Resolution

Alternative Dispute Resolution refers to a range of processes designed to resolve legal conflicts without resorting to formal litigation. In Washington State, ADR encompasses methods such as mediation, arbitration, conciliation, and negotiation. These processes provide disputing parties with alternatives to the adversarial nature of traditional courtroom proceedings, promoting a collaborative and solution-oriented approach to conflict resolution.

Key ADR Methods in Washington State

Mediation:

Mediation employs a neutral third party, the mediator, to facilitate communication between disputing parties and guide them toward a mutually acceptable resolution.

Arbitration:

Arbitration involves presenting evidence and arguments to a neutral arbitrator, who then renders a binding decision.

Conciliation:

Conciliation engages a conciliator who assists parties in reaching a settlement by identifying common ground and fostering compromise. This method is commonly employed in Washington State for employment disputes, contractual disagreements, and interpersonal conflicts; the Washington State Human Rights Commission incorporates this process in its investigation of employment-discrimination complaints.

Significance of ADR in Washington State Civil Law

Efficiency and Timeliness:

ADR processes are recognized for their efficiency and timeliness, enabling parties to resolve disputes more expeditiously than through traditional litigation.

Cost-Effectiveness:

ADR can be a more cost-effective alternative to court proceedings, saving parties both time and financial resources.

Preserving Relationships:

Emphasizing collaboration and communication, ADR is particularly beneficial in preserving relationships strained by adversarial litigation.

Tailored Solutions:

ADR allows parties to craft customized solutions that better suit their unique circumstances, fostering a sense of ownership and satisfaction with the resolution.

Conclusion

In Washington State, the adoption of Alternative Dispute Resolution reflects a commitment to creating a legal environment that prioritizes efficiency, cost-effectiveness, and collaboration. As ADR continues to evolve and gain prominence, it underscores the state’s dedication to providing its citizens with diverse and effective means of resolving civil disputes outside the traditional courtroom setting.

Read Our Related Articles

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

» 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: Statute of Limitations

» 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

June 6, 2024March 26, 2026

What is WA State’s law against employment discrimination?

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FAQ: What is WA State’s law against employment discrimination?

answer:

The Washington Law Against Discrimination* (WLAD), enacted in 1949, is a potent statute that covers a broad array of categories, including, but not limited to, employment discrimination. The relevant statute states as follows:

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 protects, inter alia, employees from the unfair practices of employers.

UNFAIR PRACTICES OF EMPLOYERS

Under the WLAD, certain employers are prohibited from engaging in specific unfair practices in employment. The relevant law states as follows:

It is an unfair practice for any employer:

[REFUSE TO HIRE]

(1) To refuse to hire 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, unless based upon a bona fide occupational qualification: PROVIDED, That the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved: PROVIDED, That this section shall not be construed to require an employer to establish employment goals or quotas based on sexual orientation.

[DISCHARGE OR BAR FROM EMPLOYMENT]

(2) To discharge or bar any person from employment 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.

[DISCRIMINATE IN COMPENSATION OR IN OTHER TERMS/CONDITIONS OF EMPLOYMENT]

(3) To discriminate against any person in compensation or in other terms or conditions of employment 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: PROVIDED, That it shall not be an unfair practice for an employer to segregate washrooms or locker facilities on the basis of sex, or to base other terms and conditions of employment on the sex of employees where the commission by regulation or ruling in a particular instance has found the employment practice to be appropriate for the practical realization of equality of opportunity between the sexes.

[STATEMENTS, ADVERTISEMENTS, PUBLICATIONS, APPLICATIONS FOR EMPLOYMENT, INQUIRIES IN CONNECTION WITH PROSPECTIVE EMPLOYMENT]

(4) To print, or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to 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, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification: PROVIDED, Nothing contained herein shall prohibit advertising in a foreign language.

RCW 49.60.180 (emphasis and hyperlinks added).

Unlawful retaliation

The WLAD also outlaws certain types of retaliation: “[i]t is an unfair practice for any employer, employment agency, labor union, or other person to discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden by … [the Washington Law Against Discrimination], or because he or she has filed a charge, testified, or assisted in any proceeding under … [the Washington Law Against Discrimination].” RCW 49.60.210*. Moreover, “[i]t is an unfair practice for a government agency or government manager or supervisor to retaliate against a whistleblower as defined in chapter 42.40* RCW.” RCW 49.60.210*.

WLAD 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)*.

Construing Municipal Ordinances

In Washington State, how do courts construe municipal ordinances? 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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CANONS OF CONSTRUCTION

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

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

Construing Municipal Ordinances

According to Washington State courts:

[W]e construe municipal ordinances according to the rules of statutory interpretation.

Hockett v. Seattle Police Department, 85066-1-I (Div. 1 2024) (citing City of Seattle v. Swanson, 193 Wn. App. 795, 810, 373 P.3d 342 (2016)).

The rules of statutory interpretation are also known as the canons of statutory construction. Thus, Washington State courts utilize the canons of statutory construction to construe municipal ordinances.

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

May 18, 2024October 21, 2024

State-Employee Whistleblowers & Retaliatory Action

Under Washington State laws, what is considered retaliatory action against state-employee whistleblowers? Here’s my point of view.

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What is considered retaliatory action against state-employee whistleblowers (WA State)?

definition of state-employee whistleblower

Please see our article entitled: “Definition of State Employee Whistleblower.” (NOTE: the link will take the reader to our Williams Law Group Blog — an external website.)

dEFINITION OF RETALIATORY ACTION (or reprisal)

The relevant law concerning retaliation against state-employee whistleblowers is found under RCW 42.40.050*, as follows:

RCW 42.40.050.
Retaliatory action against whistleblower—Remedies.

(1)(a) Any person who is a whistleblower, as defined in RCW 42.40.020*, and who has been subjected to workplace reprisal or retaliatory action is presumed to have established a cause of action for the remedies provided under chapter 49.60* RCW [(i.e., The Washington Law Against Discrimination)].

(b) For the purpose of this section, “reprisal or retaliatory action” means, but is not limited to, any of the following:

(i) Denial of adequate staff to perform duties;

(ii) Frequent staff changes;

(iii) Frequent and undesirable office changes;

(iv) Refusal to assign meaningful work;

(v) Unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations;

(vi) Demotion;

(vii) Reduction in pay;

(viii) Denial of promotion;

(ix) Suspension;

(x) Dismissal;

(xi) Denial of employment;

(xii) A supervisor or superior behaving in or encouraging coworkers to behave in a hostile manner toward the whistleblower;

(xiii) A change in the physical location of the employee’s workplace or a change in the basic nature of the employee’s job, if either are in opposition to the employee’s expressed wish;

(xiv) Issuance of or attempt to enforce any nondisclosure policy or agreement in a manner inconsistent with prior practice; or

(xv) Any other action that is inconsistent compared to actions taken before the employee engaged in conduct protected by this chapter, or compared to other employees who have not engaged in conduct protected by this chapter.

(2) The agency presumed to have taken retaliatory action under subsection (1) of this section may rebut that presumption by proving by a preponderance of the evidence that there have been a series of documented personnel problems or a single, egregious event, or that the agency action or actions were justified by reasons unrelated to the employee’s status as a whistleblower and that improper motive was not a substantial factor.

(3) Nothing in this section prohibits an agency from making any decision exercising its authority to terminate, suspend, or discipline an employee who engages in workplace reprisal or retaliatory action against a whistleblower. However, the agency also shall implement any order under chapter 49.60* RCW (other than an order of suspension if the agency has terminated the retaliator).

RCW 42.40.050* (emphasis and hyperlinks added).

—–

* (NOTE: the link will take the reader away from this website to the Official Washington State Legislature Website (Revised Code of Washington) — an external governmental website.)

CONCLUSION

Under Washington State laws, state-employee whistleblowers who experience retaliatory actions have various remedies available to them. As defined under RCW 42.40.050, retaliatory actions encompass a wide range of behaviors, including but not limited to denial of adequate staff, unwarranted demotion, and hostile behavior from supervisors or coworkers. However, agencies have the opportunity to rebut these claims by demonstrating documented personnel issues or justifying actions unrelated to whistleblowing.

READ OUR RELATED ARTICLES

» Definition of State Employee Whistleblower**

» Employment-Discrimination Hotlines & Unlawful Retaliation

» The Prima Facie Case: Unlawful Retaliation

» The Washington State Human Rights Commission**

» Top 3 Reasons Unlawful Retaliation Claims Fail

» Unlawful Retaliation: Adverse Employment Action

» Unlawful Retaliation and the Prospective Employer

» Unlawful Retaliation: Statutorily Protected Activity

» Unlawful Retaliation: The Actual-Knowledge Standard

» Unlawful Retaliation: The Causal Link

» Unlawful Retaliation: The Functionally-Similar Test

» WA State Human Rights Commission Complaints

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

» WA State Human Rights Commission: Damages for Humiliation & Suffering**

» WSHRC: From Complaint to Conclusion

** (NOTE: This is an external link that will take the reader 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.

NOTICES OF DISQUALIFICATION — DISQUALIFICATION OF JUDGES

The General Law

Disqualification of judge, transfer to another department, visiting judge—Change of venue generally, criminal cases.

The Notice of Disqualification — RCW 4.12.050

Notice of disqualification.

The Discretionary Ruling Limitation — Timeliness

[The affidavit of prejudice]

A Matter of Right if All Requirements Met

A Question of Law Reviewed De Novo

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UNLAWFUL RETALIATION — THE PRIMA FACIE CASE

ELEMENT #2 — ADVERSE EMPLOYMENT ACTION

THE GENERAL STANDARD

Demotions, Adverse Transfers, or Hostile Work Environments

Materially Adverse Reassignments

READ OUR RELATED ARTICLES

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CAT’S PAW THEORY OF LIABILITY — SUBORDINATE BIAS LIABILITY

THE GENERAL RULE

PROXIMATE CAUSE

INDEPENDENT INVESTIGATIONS & CAUSATION

ORIGINS OF CAT’S PAW THEORY OF LIABILITY

THE CAT & THE MONKEY

READ OUR RELATED ARTICLES

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THE WASHINGTON STATE HUMAN RIGHTS COMMISSION

DISCRIMINATION BECAUSE OF MARITAL STATUS

EXCEPTIONS TO THE RULE

WLAD REMEDIES

READ OUR RELATED ARTICLES

LEARN MORE

WA STATE COURT RULES — RULES OF EVIDENCE — PURPOSE & CONSTRUCTION

JUDICIAL NOTICE OF ADJUDICATIVE FACTS

(a) Kinds of Facts

(b) When Discretionary

(c) When Mandatory

(d) Opportunity To Be Heard

(e) Timing of Taking Notice

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WASHINGTON LAW AGAINST DISCRIMINATION (WLAD)

UNFAIR PRACTICES OF EMPLOYERS

[REFUSE TO HIRE]

[dISCHARGE OR BAR FROM EMPLOYMENT]

[DISCRIMINATE IN COMPENSATION OR IN OTHER TERMS/CONDITIONS OF EMPLOYMENT]

[STATEMENTS, ADVERTISEMENTS, PUBLICATIONS, APPLICATIONS FOR EMPLOYMENT, INQUIRIES IN CONNECTION WITH PROSPECTIVE EMPLOYMENT]

DEFINITION OF DISCRIMINATORY BOYCOTTS OR BLACKLISTS

WLAD REMEDIES

READ MORE ABOUT THIS TOPIC

need help?

Introduction: Alternative Dispute Resolution (ADR)

Defining Alternative Dispute Resolution

Key ADR Methods in Washington State

Mediation:

Arbitration:

Conciliation:

Significance of ADR in Washington State Civil Law

Efficiency and Timeliness:

Cost-Effectiveness:

Preserving Relationships:

Tailored Solutions:

Conclusion

Read Our Related Articles

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FAQ: What is WA State’s law against employment discrimination?

answer:

UNFAIR PRACTICES OF EMPLOYERS

Unlawful retaliation

WLAD REMEDIES

READ MORE ABOUT THIS TOPIC

need help?

CANONS OF CONSTRUCTION

Construing Municipal Ordinances

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What is considered retaliatory action against state-employee whistleblowers (WA State)?

definition of state-employee whistleblower

dEFINITION OF RETALIATORY ACTION (or reprisal)

CONCLUSION

READ OUR RELATED ARTICLES

LEARN MORE