Category: WA State Human Rights Commission

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State-Employee Whistleblowers & Retaliatory Action

State-Employee Whistleblowers & Retaliatory Action

Under Washington State laws, what is considered retaliatory action against state-employee whistleblowers?  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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WA State: What is considered retaliatory action against state-employee whistleblowers?

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.

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WSHRC: From Complaint to Conclusion

WSHRC: From Complaint to Conclusion

Under Washington State laws and regulations, how does the Washington State Human Rights Commission (WSHRC) progress from complaint to conclusion when processing employment discrimination claims? Here’s my point of view.

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

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WSHRC: FROM COMPLAINT TO CONCLUSION

In Washington State, the protection of human rights is a fundamental aspect of ensuring equality and fair treatment for all individuals. The Washington State Human Rights Commission (WSHRC) serves as a vital resource for individuals who believe they have experienced discrimination in various contexts, including employment, housing, and public accommodations, real estate and credit transactions, and insurance. Understanding the process of filing and handling complaints with the WSHRC is crucial for both complainants and respondents involved in these cases. This article will focus on employment discrimination.

Filing a Complaint with the WSHRC

I. Filing a Complaint with the WSHRC

1. Initiating the Process:

Complaints can be filed with the WSHRC through an intake call or an in-person interview. See Washington State Human Rights Commission Website, https://www.hum.wa.gov/employment (last visited 2/16/24). The Intake Unit evaluates the jurisdiction of the complaint and may proceed with an intake questionnaire if it falls within the WSHRC’s purview. See id.

NOTE: WSHRC Jurisdictional Criteria

(a) “Employer has at least 8 employees (does not include religious organizations.” Id. (hyperlink added).

(b) “Signed complaints need to be filed within 6 months of last date of alleged discrimination.” Id.

2. Submission of Intake Questionnaire:

Alternatively, individuals can print out and submit the online intake questionnaire. See id. It is essential to ensure that the intake questionnaire reaches the WSHRC within six months of the alleged discriminatory action. See id.

3. Response to Written Charge:

Upon review, individuals may receive a written charge to sign and return to the WSHRC. See id.

4. Assignment to Investigator:

Once the complaint is filed, it is assigned to an investigator for further examination. See id.

Responsibilities of Employers Upon Receiving Notice

II. Responsibilities of Employers Upon Receiving Notice

1. Timely Response:

Employers must send a written response to the charge within 15 days of receiving notice. See id.

2. Position Statement:

They should articulate their position on the alleged unfair actions. See id.

3. Documentation:

Providing relevant documentation to support their response is imperative. See id.

4. Witness Information:

Employers should furnish witness names and contact information as part of the investigative process. See id.

Conducting the Investigation

III. Conducting the Investigation

1. Neutral Fact-Finding:

The WSHRC serves as a neutral fact-finder during investigations, tasked with gathering evidence to determine if there is reasonable cause to believe that a violation of the law has occurred. This may involve interviewing witnesses and reviewing pertinent documents. See id.

2. Alternate Dispute Resolution:

The WSHRC encourages the use of alternate dispute resolution methods to resolve complaints efficiently. See id.

Burden of Proof

IV. Burden of Proof

1. Complainant’s Obligation:

The complainant must present information demonstrating a prima facie case of discrimination. See id.

2. Respondent’s Response:

The respondent can offer non-discriminatory reasons for the actions in question. See id.

3. Additional Evidence:

The burden of proof shifts back to the complainant to provide further information connecting the harm to the protected class. See id.

4. Standard of Proof:

For a finding of reasonable cause, the preponderance of evidence must indicate that discrimination occurred. See id.

Conclusion of the Investigation

V. Conclusion of the Investigation

1. Recommendation to Commissioners:

Following the completion of the investigation, WSHRC staff presents a recommendation to the Commissioners. See id.

2. NO FINDING OF DISCRIMINATION

“If the WSHRC finds no discrimination (no reasonable cause), both parties are contacted with that finding.” Id.

3. Finding of Discrimination:

If the WSHRC determines that illegal discrimination has occurred (reasonable cause), efforts are made to reach a voluntary agreement between the parties. If unsuccessful, the complaint may proceed to a formal hearing before an Administrative Law Judge (ALJ), who can impose significant penalties. See id.

CONCLUSION

Navigating the process of filing and handling human rights complaints in Washington State requires adherence to specific procedures and responsibilities outlined by the WSHRC. By understanding these guidelines, both complainants and respondents can engage effectively in the resolution process, ultimately contributing to the promotion of equality and justice within the state.

READ OUR RELATED ARTICLES

» Definition of Commission (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**

** (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.

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Absence of Agency Implementing Rules (WA State)

Absence of Agency Implementing Rules (WA State)

Under Washington State laws, how do courts proceed in the absence of agency implementing rules when addressing associated statute-based issues? 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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ABSENCE OF AGENCY IMPLEMENTING RULES (WA STATE)

A Washington State agency “cannot promulgate a rule that exceeds its statutory mandate … neither can it diminish statutory protections by failing to act.” Kumar v. Gate Gourmet, Inc.*, 180 Wn.2d 481, 495, 325 P.3d 193 (Wash. 2014) (footnote omitted) (emphasis added).

Thus, when authorized Washington agencies fail to promulgate any implementing rules for statutes, courts must still recognize implicit requirements in those subject statutes. See id. at 496 (referencing Am. Cont’l Ins. Co. v. Steen, 151 Wn.2d 512, 518, 91 P.3d 864 (2004) (“[I]n interpreting a statute, the court’s ‘primary objective is to ascertain and give effect to the [legislature’s] intent and purpose'”)) (internal citation omitted).

(*NOTE: The link will take the reader to our Court Slips Blog – an external website.)

EXAMPLE: KUMAR v. GATE GOURMET, INC.

For example, in Kumar v. Gate Gourmet, Inc.*, 180 Wn.2d 481, 325 P.3d 193 (Wash. 2014), an employer’s meal policy that was based on security concerns barred employees from bringing in their own food for lunch; it required employees to eat only employer-provided food. However, the policy forced a group of plaintiff-employees to either work without food or eat food that violated their religious beliefs (i.e., a protected class falling under “creed“).

the plaintiffs filed suit

The plaintiffs subsequently filed suit and alleged that the employer maintained a facially neutral meal policy that fell more harshly on those within a protected class. “The trial court dismissed the lawsuit in its entirety, finding that the WLAD [(i.e., Washington Law Against Discrimination)] contains no requirement that employers make reasonable accommodations for their employees’ religious practices.” Id. at 486. The plaintiffs appealed to the WA State Supreme Court.

defendant’s argument

Therein, Defendant-employer, Gate Gourmet, “[made] much of the fact that the HRC [(i.e., WA State Human Rights Commission)] has promulgated rules requiring employers to reasonably accommodate employees with disabilities, arguing that the HRC would have issued an identical rule mandating religious accommodations if it believed the WLAD required them.” Id. at 495.

Court’s ANALYSIS

The Court concluded, inter alia, that “the HRC’s rules did not create the reasonable accommodation requirement for disability–they merely implemented a requirement already inherent in the WLAD itself.” Id. (referencing Holland v. Boeing Co., 90 Wn.2d 384, 388-89, 583 P.2d 621 (1978) (finding “a reasonable-accommodation-for-disability requirement inherent in the ‘legislative policy’ embodied in the WLAD, even though that statute did not employ the term ‘accommodation'” )) (footnote omitted).

However, the Court declared that “[e]ven if the HRC had failed to promulgate any rules requiring reasonable accommodations for employee disabilities, this court would still have been required to recognize that implicit requirement in the WLAD’s provisions.” Id. at 495-96 (referencing Am. Cont’l Ins. Co. v. Steen, 151 Wn.2d 512, 518, 91 P.3d 864 (2004) (“[I]n interpreting a statute, the court’s ‘primary objective is to ascertain and give effect to the [legislature’s] intent and purpose'” (citing State v. Watson, 146 Wn.2d 947, 954, 51 P.3d 66 (2002)))) (emphasis added).

the court must implement rcw 49.60.180 so as to give effect to legislature’s intent

Thus, the Court found that “with or without recourse to implementing rules, this court must interpret RCW 49.60.180** so as to give effect to the legislature’s intent. In this case, that means choosing between two competing interpretations of the statute: the interpretation that says it implies a reasonable-accommodation-for-religion requirement and the interpretation that says it lacks such a requirement.” Id. at 496. Ultimately, the Court found, inter alia, that “the employees … stated a claim for failure to reasonably accommodate their religious practices[ ]” – reversing the trial court’s previous dismissal and remanding the case for further proceeding consistent with the opinion. Kumar*, 180 Wn.2d at 503.

(*NOTE: The link will take the reader to our Court Slips Blog – an external website.)

(**NOTE: The link will take the reader to an external Washington State website.)

CONCLUSION

“[W]ith or without recourse to implementing rules, … [Washington] court[s] must interpret … [statutes] so as to give effect to the legislature’s intent.” Id. at 496.

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

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

Under Washington State laws, what are certain functions, powers, and duties of the Washington State Human Rights Commission (“WSHRC”)? 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): EMPLOYMENT

The Washington Law Against Discrimination (“WLAD”), Chapter 49.60 RCW, “is a state law that prohibits discriminatory practices in the areas of employment, places of public resort, accommodation, or amusement, in real estate transactions, and credit and insurance transactions on the basis of race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, 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; and prohibits retaliation against persons who oppose a discriminatory practice, and those who file health care and state employee whistleblower* complaints.” WSHRC Official Website, last accessed 4/19/23 (emphasis and hyperlinks added).

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

WA STATE HUMAN RIGHTS COMMISSION (WSHRC): CERTAIN FUNCTIONS, POWERS, AND DUTIES

The Washington State Legislature established the WSHRC* in 1949 as “a state agency responsible for administering and enforcing the Washington Law Against Discrimination.” WSHRC Official Website, last accessed 4/19/23. The agency has certain functions, powers, and duties, as follows:

RCW 49.60.120
Certain powers and duties of commission.

The commission shall have the functions, powers, and duties:

(1) To appoint an executive director and chief examiner, and such investigators, examiners, clerks, and other employees and agents as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.

(2) To obtain upon request and utilize the services of all governmental departments and agencies.

(3) To adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.

(4) To receive, impartially investigate, and pass upon complaints alleging unfair practices as defined in this chapter.

(5) To issue such publications and results of investigations and research as in its judgment will tend to promote good will and minimize or eliminate discrimination because of sex, sexual orientation, race, creed, color, national origin, citizenship or immigration status, marital status, age, 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.

(6) To make such technical studies as are appropriate to effectuate the purposes and policies of this chapter and to publish and distribute the reports of such studies.

(7) To cooperate and act jointly or by division of labor with the United States or other states, with other Washington state agencies, commissions, and other government entities, and with political subdivisions of the state of Washington and their respective human rights agencies to carry out the purposes of this chapter. However, the powers which may be exercised by the commission under this subsection permit investigations and complaint dispositions only if the investigations are designed to reveal, or the complaint deals only with, allegations which, if proven, would constitute unfair practices under this chapter. The commission may perform such services for these agencies and be reimbursed therefor.

(8) To foster good relations between minority and majority population groups of the state through seminars, conferences, educational programs, and other intergroup relations activities.

RCW 49.60.120 (emphasis added).

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

READ OUR RELATED ARTICLES

» Definition of Commission (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: 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.

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WA State Human Rights Commission Complaints

WA State Human Rights Commission Complaints

Under the Washington Law Against Discrimination (WLAD), who may file WA State Human Rights Commission (WSHRC) complaints? 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): EMPLOYMENT

Under the WLAD, it is an unfair practice, with very few exceptions, for an employer to refuse to hire any person, to discharge or bar any person from employment, or to discriminate against any person in compensation or in other terms and conditions of employment because of age (40+); sex (including pregnancy**); marital status; sexual orientation (including gender identity); race; color; creed; national origin; citizenship or immigration status; honorably discharged veteran or military status; HIV/AIDS and hepatitis C status; the presence of any sensory, mental, or physical disability; the use of a trained dog guide or service animal by a person with a disability; and state employee or health care whistleblower** status.

It is also an unfair practice for an employer to retaliate against an employee because the employee complained about job discrimination or assisted with a job discrimination investigation or lawsuit.

WA STATE HUMAN RIGHTS COMMISSION (WSHRC): COMPLAINTS

The Washington State Legislature established the WSHRC** in 1949 as “a state agency responsible for administering and enforcing the Washington Law Against Discrimination.” WSHRC Official Website, last accessed 9/8/22. One WSHRC power, inter alia, is the ability “to receive, impartially investigate, and pass upon complaints alleging unfair practices as defined in … [the WLAD].” RCW 49.60.120(4) (emphasis added).

Investigations

“If the facts as stated in the complaint do not constitute an unfair practice under … [WLAD], a finding of no reasonable cause may be made without further investigation.” RCW 49.60.240(1)(a). However, “[i]f the facts as stated could constitute an unfair practice under … [WLAD], a full investigation and ascertainment of the facts shall be conducted.” Id.

Eliminating Unfair Practices

“If the finding is made that there is reasonable cause for believing that an unfair practice has been or is being committed, the commission‘s staff shall immediately endeavor to eliminate the unfair practice by conference, conciliation, and persuasion.” RCW 49.60.240(3) (hyperlink added).

WHO MAY FILE A COMPLAINT WITH THE WSHRC

According to the WLAD, the following may file a complaint with the WSHRC:

(1) Who may file a complaint:

(a) Any person claiming to be aggrieved by an alleged unfair practice may, personally or by his or her attorney, make, sign, and file with the commission a complaint in writing under oath or by declaration. The complaint shall state the name of the person alleged to have committed the unfair practice and the particulars thereof, and contain such other information as may be required by the commission.

(b) Whenever it has reason to believe that any person has been engaged or is engaging in an unfair practice, the commission may issue a complaint.

(c) Any employer or principal whose employees, or agents, or any of them, refuse or threaten to refuse to comply with the provisions of this chapter may file with the commission a written complaint under oath or by declaration asking for assistance by conciliation or other remedial action.

RCW 49.60.230 (emphasis and hyperlinks added).

READ OUR RELATED ARTICLES

» Definition of Commission (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**

» 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.

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Unlawful Employment Agency Practices (Title VII)

Unlawful Employment Agency Practices (Title VII)

Under Title VII of the Civil Rights Act of 1964, what are unlawful employment agency practices? 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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TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

Title VII of the Civil Rights Act of 1964 (hereinafter, “Title VII”) is a crucial federal law that protects certain individuals (including employees) against certain types of discrimination and retaliation; it also safeguards certain types of accommodations.

Discrimination & protected classes

Title VII  outlaws discrimination against individuals on the basis of race, color, religion, national origin, or sex (including pregnancy and related conditions, sexual orientation, and gender identity). The law “also makes it unlawful to use policies or practices that seem neutral but have the effect of discriminating against people because of their race, color, religion, sex (including pregnancy and related conditions, sexual orientation, and gender identity), or national origin.” U.S. Department of Justice Website, Laws We Enforce (last visited 1/10/23).

AGE & DISABILITY: Other federal laws protect against age discrimination (i.e., Age Discrimination in Employment Act or “ADEA”) and disability discrimination (i.e., Americans with Disabilities Act or “ADA”). However, this article will address solely Title VII.

Retaliation

Retaliation against someone who has reported discrimination, filed a charge of discrimination, or taken part in an employment discrimination investigation or litigation is likewise prohibited by Title VII.

Reasonable Accommodations

Lastly, applicants’ and employees’ genuinely held religious practices must be reasonably accommodated by employers under the legislation, unless doing so would put an undue burden on the employer’s ability to conduct business.

SCOPE OF TITLE VII

Title VII applies to certain employers (both private and public with 15 or more employees), employment agencies, labor organizations, and training programs and makes it “unlawful to discriminate in any aspect of employment, including:

•  Hiring and firing;
•  Compensation, assignment, or classification of workers;
•  Transfer, promotion, layoff, or recall;
•  Job advertisements and recruitment;
•  Testing;
•  Use of employer facilities;
•  Training and apprenticeship programs;
•  Retirement plans, leave, and benefits; or
•  Other terms and conditions of employment.

U.S. Department of Justice Website, Laws We Enforce (last visited 1/10/23) (emphasis added).

UNLAWFUL EMPLOYMENT AGENCY PRACTICES

Employment agencies are subject to Title VII. The following are considered unlawful employment agency practices:

…

(b) Employment agency practices
It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.

42 U.S.C. § 2000e-2(b) (emphasis added). Victims of discrimination in violation of Title VII may seek enforcement through the United States Equal Employment Opportunity Commission.

(*The link will take the reader to an external website: Cornell Law School Legal Information Institute.)

TITLE VII ENFORCEMENT

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

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

READ MORE ABOUT THIS TOPIC

» Read our post entitled: Title VII of the Civil Rights Act of 1964.

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

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Top 3 Employment Discrimination Laws

Top 3 Employment Discrimination Laws

As an employment attorney in Washington State, I often litigate claims on behalf of employee-plaintiffs based on several common employment discrimination laws. Here are the top 3 employment discrimination laws that I litigate in Washington State . . .

(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. This article may be a repost from one of our retired blogs. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.)

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#3 — THE CIVIL RIGHTS ACT OF 1866 (§ 1981)

The Civil Rights Act of 1866 (Section 1981) is a federal law that prohibits racial discrimination in the making and enforcement of contracts. See 42 U.S.C. § 1981. A plaintiff cannot state a claim under Section 1981 unless he has (or would have) rights under the existing (or proposed) contract that he wishes ‘to make and enforce.’” See Domino’s Pizza, Inc. v. McDonald, 546 U.S. 470, 479-80 (2006). And the employment-at-will relationship is a contract for Section 1981 purposes.

Section 1981 is also known as “Equal rights under the law” and it states as follows:

(a)  STATEMENT OF EQUAL RIGHTS

All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.

(b)  “MAKE AND ENFORCE CONTRACTS” DEFINED

For purposes of this section, the term “make and enforce contracts” includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.

(c)  PROTECTION AGAINST IMPAIRMENT

The rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law.

42 U.S.C. § 1981.

#2 — TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

Title VII of the Civil Rights Act of 1964 (hereinafter, “Title VII”) “makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex[;] … makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit[;] … and requires that employers reasonably accommodate applicants’ and employees’ sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer’s business.” U.S. EEOC Website (emphasis added).

Two other federal anti-discrimination laws, inter alia, broaden the protected classes, as follows:

(1) Age Discrimination In Employment Act (ADEA) which protects people who are 40 or older from both discrimination on account of age and unlawful retaliation against a person “because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit”; and

(2) Americans with Disabilities Act (ADA) that prohibits discrimination and unlawful retaliation against a qualified person with a disability. The ADA also “makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.” Further, the ADA requires that “employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer’s business.”

See id.

#1 — THE WASHINGTON LAW AGAINST DISCRIMINATION

Under the Washington Law Against Discrimination (WLAD), it is an unfair practice, with very few exceptions, for an employer to refuse to hire any person, to discharge or bar any person from employment, or to discriminate against any person in compensation or in other terms and conditions of employment because of age (40+); sex (including pregnancy); marital status; sexual orientation (including gender identity); race; color; creed; national origin; citizenship or immigration status; honorably discharged veteran or military status; HIV/AIDS and hepatitis C status; 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; and state employee or health care whistleblower status. See RCW 49.60.

It is also an unfair practice for an employer to retaliate against an employee, because the employee complained about job discrimination or assisted with a job discrimination investigation or lawsuit. See id.

WLAD is a broad and powerful remedial statue that was originally enacted in 1949 as an employment discrimination law. See Fraternal Order of Eagles v. Grand Aerie of Fraternal Order, 148 Wn.2d 224, 237, 59 P.3d 655 (Wash. 2002) (internal citations omitted); Laws of 1949, ch. 183. Remarkably, Washington State enacted the WLAD 15 years before Title VII of the Civil Rights Act of 1964.

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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.

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Top 3 Employment Discrimination Agencies

Top 3 Employment Discrimination Agencies

In Washington State, employees may seek recourse for employment discrimination through federal, state, and local governmental agencies. Here’s my countdown of the top 3 employment discrimination agencies in the state of Washington (based on my point of view as an employment discrimination attorney):

(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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#3 — MUNICIPAL CIVIL RIGHTS DEPARTMENTS

Some municipalities (e.g., Seattle Office for Civil Rights, Tacoma Human Rights Commission, etc.) have established departments that work to resolve, inter alia, employment discrimination and retaliation complaints based on protected classes. The services offered by these departments vary from city to city, and not all municipalities in Washington State maintain such departments.

#2 — U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

The United States Equal Employment Opportunity Commission (EEOC) enforces Federal laws prohibiting employment discrimination. You may seek recourse through the EEOC if you experience employment discrimination that involves:

1. Unfair treatment because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.

2. Harassment by managers, co-workers, or others in your workplace, because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.

3. Denial of a reasonable workplace accommodation that you need because of your religious beliefs or disability.

4. Retaliation because you complained about job discrimination, or assisted with a job discrimination investigation or lawsuit.

Visit the EEOC Website to learn more.

#1 — WASHINGTON STATE HUMAN RIGHTS COMMISSION

The Washington Law Against Discrimination (WLAD), RCW 49.60, is a state law that prohibits discriminatory practices in the areas of employment, places of public resort, accommodation, or amusement, in real estate transactions, and credit and insurance transactions based on protected classes.

Protected classes include the following: race, creed, color, national origin, citizenship or immigration status, families with children, sex, marital status, sexual orientation, age, 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.

WLAD also prohibits retaliation against persons who engage in protected activity in relation to discriminatory practices, and those who file health care and state employee whistleblower complaints.

The Washington State Human Rights Commission (WSHRC) is the state agency responsible for administering and enforcing the Washington Law Against Discrimination. It works to prevent and eliminate discrimination through complaint investigation, alternative dispute resolution, and education, training and outreach activities.

Visit the WSHRC Website to get more information.

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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.

–gw

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Agency Rules

Agency Rules

Under Washington State canons of statutory construction, how do courts interpret agency rules–particularly those of the Washington State Human Rights Commission (WSHRC/HRC)? 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. This article may be a repost from one of our retired blogs. Please review our Disclaimer | Terms of Use | Privacy Policy before proceeding.)

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“PLAIN MEANING” CANON ALSO APPLIES TO AGENCY RULES

Washington State Human Rights Commission is a state agency. “As is true of statutes, [Washington courts] … interpret agency rules according to their plain meaning.” Mikolajczak v. Mann, 1 Wn.App.2d 493, 498 (Wash.App. Div. 3 2017) (citing Hegwine v. Longview Fibre Co., 162 Wn.2d 340, 349, 172 P.3d 688 (2007)) (hyperlink added). “Each word in an agency rule must be given its common and ordinary meaning, unless the word is ambiguous or defined in the regulation.” Id. (citing Grays Harbor Energy, LLC. v. Grays Harbor County, 175 Wn.App. 578, 584, 307 P.3d 754 (2013)) (internal quotation marks omitted) (hyperlink added).

LIBERAL CONSTRUCTION APPLIED TO WA STATE HUMAN RIGHTS COMMISSION (HRC) RULES

Washington courts also “liberally construe the terms of the [Washington State Human Rights Commission’s] … rules to protect against discrimination.” Id. (citing Phillips v. City of Seattle, 111 Wn.2d 903, 908, 766 P.2d 1099 (1989)).

REGULATORY REDRAFTING PROHIBITED

“However, [courts] … cannot engage in statutory or regulatory redrafting.” Id. (citing Hegwine, 162 Wn.2d at 352, 172 P.3d 688). “If a particular discrimination claim is plainly left uncovered by both the [Washington Law Against Discrimination (“WLAD”)] … and the HRC’s implementing rules, it will not merit relief.” Id. at 498-99.

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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.

-gw

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Definition of Commission (WLAD)

Definition of Commission (WLAD)

Under the Washington Law Against Discrimination (WLAD), what is the definition of “commission”? 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 regulates, inter alia, employment agencies.

DEFINITION OF COMMISSION

The WLAD defines commission as follows:

…

(3) “Commission” means the Washington state human rights commission.

RCW 49.60.040(3) (hyperlink added).

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READ OUR RELATED ARTICLES

» Definition of Commission (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**

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

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

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