WSHRC Digest Archives — LAW OFFICE OF GREGORY A. WILLIAMS

April 17, 2025April 21, 2025

WSHRC: Sanctions

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning sanctions? Here’s my point of view.

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WSHRC: PRACTICE AND PROCEDURE: SANCTIONS

In administrative law, procedural compliance is essential to ensuring fairness and efficiency. Washington State’s Administrative Code, specifically WAC 162-08-015*, outlines the authority of administrative law judges and the Washington State Human Rights Commission to impose sanctions for misconduct or procedural abuse during administrative proceedings. This provision plays a critical role in maintaining the integrity of administrative processes, especially in cases related to discrimination and civil rights enforcement. The relevant provision states as follows:

WAC 162-08-015
Sanctions.

(1) Administrative hearings. In a case which has been noted for hearing the administrative law judge, on his or her own initiative or on motion of a party, may order a party or counsel who uses these rules for the purpose of delay, or who fails to comply with these rules or other procedures previously ordered, to satisfy terms or pay compensatory damages including attorney’s fees to any other person who has been harmed by the delay or the failure to comply. The administrative law judge may condition the right of a party to take specific action or raise specific defenses on satisfaction of the terms of the order or payment of the damages and attorney’s fees. The administrative law judge may condition the right of a counsel to participate further in the case upon satisfaction of the terms of an order or payment of the damages and attorney’s fees. The administrative law judge shall incorporate in his or her final order any sanctions order which has not been complied with, so that the sanctions order may be enforced as provided in RCW 49.60.260* and 49.60.270* and appealed from as provided in RCW 34.05.514*.

(2) Other proceedings. In a proceeding not covered by subsection (1) of this section, the chairperson of the commission may order a person or counsel who uses these rules for the purpose of delay, or who fails to comply with these rules or other procedures previously ordered, to satisfy terms, and the chairperson may condition further participation in a proceeding on compliance with these rules or orders imposing terms, but the chairperson of the commission shall not impose sanctions in the form of payment of damages or attorney’s fees.

WAC 162-08-015*.

OVERVIEW OF WAC 162-08-015

WAC 162-08-015* sets forth two primary categories where sanctions may be imposed: administrative hearings and other commission proceedings. Each category has distinct rules and enforcement mechanisms designed to deter misuse of the process and ensure accountability.

1. Sanctions in Administrative Hearings

When a case proceeds to a formal hearing, the administrative law judge (ALJ) is empowered to issue sanctions against parties or their legal representatives. These sanctions may arise under the following circumstances:

a. Using procedural rules for delay: If a party or attorney exploits the rules solely to stall the process.

b. Non-compliance: If there is a failure to follow procedural requirements or prior orders from the ALJ.

In such cases, the ALJ may require the offending party or attorney to:

• Satisfy certain terms (such as taking remedial actions),

• Pay compensatory damages,

• Reimburse attorney’s fees incurred by the opposing party.

Importantly, the ALJ may condition further participation in the hearing on compliance with these sanctions. This includes limiting the party’s ability to take actions or raise defenses until the sanctions are fulfilled.

Any unresolved sanctions at the time of the final ruling are incorporated into the final order, making them enforceable under RCW 49.60.260* and RCW 49.60.270*, and subject to appeal as described in RCW 34.05.514*.

2. Sanctions in Other Proceedings

Outside of formal hearings—such as during investigations or informal commission processes—the Chairperson of the Washington State Human Rights Commission holds similar, though more limited, authority.

In these contexts, if a person or attorney causes delay or violates procedural rules or orders, the Chairperson can:

• Impose conditions for continued participation in the proceeding,

• Order compliance with previously established rules or directives.

However, unlike in administrative hearings, the Chairperson cannot order the payment of damages or attorney’s fees in these situations.

IMPORTANCE AND IMPACT

The inclusion of sanctions in WAC 162-08-015 reinforces a critical principle in administrative justice: that efficiency and fairness must be preserved throughout the legal process. By allowing for compensatory remedies in formal settings and enforcing procedural discipline in informal ones, the regulation discourages frivolous tactics and promotes respectful engagement.

These provisions also help protect claimants and respondents alike from unnecessary delays and expenses, especially in matters involving civil rights and discrimination claims—areas where timely resolution is often essential to justice.

FINAL THOUGHTS

WAC 162-08-015* is a valuable tool in Washington State’s administrative framework, promoting accountability among participants in legal proceedings under the Human Rights Commission’s jurisdiction. Whether you are a party to a case or a legal representative, understanding this regulation is essential for navigating administrative hearings with integrity and professionalism.

If you are involved in a case before the Washington State Human Rights Commission, it’s wise to consult with an attorney who understands the nuances of administrative law and can help ensure compliance with all applicable rules—including WAC 162-08-015*.

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

» WA State Human Rights Commission Complaints

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

» WSHRC: From Complaint to Conclusion

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

March 13, 2025March 20, 2025

WSHRC: Organization and Operations

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning its organization and operations? Here’s my point of view.

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WSHRC: ORGANIZATION AND OPERATIONS

“Regulations of executive branch agencies are issued by authority of statutes. Like legislation and the Constitution, regulations are a source of primary law in Washington State.” Official Washington State Legislature Website, https://app.leg.wa.gov/WAC/default.aspx*, (last visited 3/13/25). The WSHRC regulations concerning its organization and operations are categorized as follows: (1) Membership; (2) Meetings; (3) Quorum; (4) Executive Director; (5) Authority and Duty; (6) Offices; (7) Where to obtain information; and (8) Where to make submissions or requests. See WAC 162-04-020*.

(1) Membership

“The Washington state human rights commission consists of five members, one of whom is designated as chairperson, appointed by the governor for staggered five-year terms.” WAC 162-04-020(1)*.

(2) Meetings

“The commission holds regular meetings commencing at 9:30 a.m. on the fourth Thursday of each month, except for November and December, at various places throughout the state. No regular meeting is held in August. The place and dates of the meetings can be learned by writing or calling the commission clerk at the Olympia office at (360) 753-6770.” WAC 162-04-020(2)*.

(3) Quorum

“Three members constitute a quorum. The affirmative vote of a majority of those present is action of the commission when there is a quorum at a meeting.” WAC 162-04-020(3)*.

(4) Executive director

“The executive director is the commission’s chief executive. [This individual] … is responsible for carrying out the commission’s programs and directing the commission’s staff.” WAC 162-04-020(4)*.

(5) Authority and duty

“It is the commission’s duty to administer the law against discrimination, chapter 49.60* RCW, which has as its purpose the elimination and prevention of discrimination because of race, creed, color, national origin, sex, marital status, age or handicap [sic]. The commission has the authority and duty to, among other things:

(a) Study and report on all things having an impact on human rights;

(b) Make recommendations to the governor, legislature, and agencies of state and local government;

(c) Create advisory agencies and conciliation councils;

(d) In the areas of employment, public accommodations, real property transactions, credit transactions and insurance transactions, initiate, receive and process complaints of unfair practices, hold hearings, issue orders, and seek enforcement of the orders in court.

WAC 162-04-020(5)* (emphasis and paragraph formatting added).

(6) Offices

“The commission’s principal office is 402 Evergreen Plaza Building, Seventh and Capitol Way, Olympia, Washington 98504-3341. Branch offices are maintained at the following locations:

Seattle:
1516 Second Avenue
Suite 400
Seattle, Washington 98101

Spokane:
W. 905 Riverside Ave.
Suite 416
Spokane, Washington 99201-1099

Tacoma:
Suite 110 Hess Building
901 Tacoma Avenue South
Tacoma, Washington 98402-2101

Yakima:
Washington Mutual Bldg.
Suite 441
32 No. Third St.
Yakima, Washington 98901-2730

WAC 162-04-020(6)* (emphasis and paragraph formatting added).

(7) Where to obtain information

“Information on the application of the law against discrimination and related material is available at all offices of the commission. Information that branch offices are not able to supply may be obtained from the clerk at the Olympia office.” WAC 162-04-020(7)*.

(8) Where to make submissions or requests

“In circumstances where no special provision is made by rule in this Title 162* WAC, submissions or requests to the commission may be directed to the executive director at either the Olympia or Seattle office.” WAC 162-04-020(8)*.

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

» WA State Human Rights Commission Complaints

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

» WSHRC: From Complaint to Conclusion

LEARN MORE

-gw

October 21, 2024April 21, 2025

WSHRC: Relationship of Commission to Complainant

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning the relationship of Commission to complainant? Here’s my point of view.

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WSHRC: PRACTICE AND PROCEDURE: RELATIONSHIP OF COMMISSION TO COMPLAINANT

Washington Administrative Code (WAC) 162-08-061* outlines the Washington State Human Rights Commission’s neutral and public-focused role in investigating discrimination complaints. The Commission is tasked with determining whether there is “reasonable cause” to believe an unfair practice has occurred under Washington’s Law Against Discrimination (RCW 49.60*), without favoring either party. Its ultimate goal is to eliminate and prevent discrimination—not merely to secure individual remedies for complainants.

While the Commission often seeks to restore a complainant to their prior position, it prioritizes broader systemic remedies when necessary. Notably, the Commission operates independently of a complainant’s personal interests; it may pursue different outcomes if doing so better serves the public interest. Complainants focused solely on personal relief are encouraged to consider pursuing their claims in court, as the law preserves their right to do so.

THE BLACK LETTER LAW: WAC 162-08-061

The relevant WAC provision states as follows:

WAC 162-08-061
Relationship of commission to complainant.

(1) Commission’s role and objectives. In investigating cases the commission seeks to ascertain the facts in order to make an impartial finding of “reasonable cause” or “no reasonable cause.” It has no predisposition in favor of either complainants or respondents. If “reasonable cause” is found, then the objective of the commission is to obtain the remedy that will best eliminate the unfair practices and prevent their recurrence. The judgment as to what will eliminate an unfair practice for purposes of reaching an agreement under RCW 49.60.240* is made initially by the executive director, or other staff persons pursuant to the executive director’s direction, and ultimately by the commissioners. The judgment as to what will eliminate an unfair practice and carry out the purposes of the human rights law after hearing under RCW 49.60.250* is made by the administrative law judge. The commission was not designed to compete with the courts as a forum for the vindication of private rights; its task is to work for the public good of eliminating and preventing discrimination. Although the facts and circumstances giving rise to a claim of discrimination may sometimes give rise to other claims based upon other statutes or principles of common law, the commission will investigate only claims of unfair practices arising under chapter 49.60* RCW et seq. The law against discrimination expressly preserves the right of complainants and/or aggrieved parties to seek other civil or criminal remedies in court or other available forums, either simultaneously with a complaint filed with the commission or in lieu of such a complaint, subject to any limitations or conditions provided in WAC 162-08-062* or elsewhere.

(2) Independence from complainant. The commission’s primary objective is to eliminate and prevent discrimination, which may or may not be consistent with the goals or objectives of a particular complainant or aggrieved person. In negotiating a settlement or seeking an order, the commission generally works for provisions restoring the complainant as nearly as possible to the position he or she would be in if he or she had not been discriminated against, because this is usually an effective way to eliminate the discrimination and prevent its recurrence. But where, in the commission’s judgment, provisions fully restoring the complainant (for instance, reinstatement to the job with back pay) would be inadequate to eliminate a pattern of discrimination, the commission will hold out for additional terms, even though the respondent is willing to settle on the basis of full relief for the complainant only. Except as may be otherwise provided for complaints alleging unfair practices in real estate transactions, the commission may determine that discrimination will be effectively eliminated and prevented by an order that does not afford the complainant every item of relief to which he or she may have a legal claim. The commission assumes that persons who complain to it are as interested in the elimination and prevention of discrimination in general as in their individual cases. If a person is interested only in relief for himself or herself, he or she is advised to seek his or her remedy directly in court pursuant to RCW 49.60.020*, 49.60.030* and/or WAC 162-08-062*.

WAC 162-08-061* (emphasis added).

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

» WA State Human Rights Commission Complaints

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

» WSHRC: From Complaint to Conclusion

LEARN MORE

-gw

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*

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.

July 5, 2024April 21, 2025

WSHRC: Definitions

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning general-provisions definitions? Here’s my point of view.

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WSHRC: GENERAL PROVISIONS: DEFINITIONS

The WSHRC General Provisions definitions fall under WAC 162-04-010. Definitions aren’t just technicalities—they shape how the Washington State Human Rights Commission applies the law. A clear, shared understanding of terms like “complaint,” “respondent,” or “discrimination” ensures consistency, fairness, and transparency in legal proceedings. Without these definitions, the intent of the law could be misunderstood, misapplied, or challenged. In short, definitions provide the legal “language map” that keeps everything on course.

Accordingly, WAC 162-04-010 defines the following terms, as follows:

In general, words are used with this title* in the same meaning as they are used in the law against discrimination, chapter 49.60* RCW. See, in particular, RCW 49.60.040*. The following words are used with the meaning given, unless the context clearly indicates another meaning.

“Administrative Procedure Act” means chapter 34.05* RCW.

“Age” means between forty and seventy years of age.

“Chairperson” means the chairperson of the commission. The word “chairperson” is used in the place of “chairman” where that word appears in the law against discrimination. The chairperson of the commission is the member of the commission designated as chairman by the governor under RCW 49.60.050*.

“Civil rule” or “CR” means the superior court civil rules as now or hereafter amended.

“Clerk” means the clerk of the commission appointed pursuant to WAC 162-04-026*.

“Commission” means the Washington state human rights commission.

“Complainant” means a person who has filed a complaint under authority of RCW 49.60.230*.

“Complaint” means a formal complaint filed with the commission pursuant to RCW 49.60.230* and these rules.

“Executive director” means the executive director of the commission appointed pursuant to RCW 49.60.120(1)*.

“Handicap” [sic] is short for the phrase “the presence of any sensory, mental, or physical handicap [sic]” used in the law against discrimination, and means the full phrase. See WAC 162-22-040*.

“Law against discrimination” means chapter 49.60* RCW.

“Marital status” refers to the legal status of being married, single, divorced, or widowed.

“Member” means a member of the commission, except where the context indicates another meaning is intended.

“Protected class” means the persons who are members of (or who are treated as members of) one of the groups against whom discrimination is declared to be an unfair practice by the law against discrimination. Protected classes include persons between the ages of forty and seventy, persons of any race, creed, color, national origin, sex, or marital status, and persons who are handicapped [sic].

“Respondent” means one against whom a complaint has been filed under authority of RCW 49.60.230*.

WAC 162-04-010* (emphasis added).

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

» WA State Human Rights Commission Complaints

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

» WSHRC: From Complaint to Conclusion

LEARN MORE

-gw

January 15, 2024April 27, 2025

WSHRC: Procedure When None Is Specified

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning procedure when none is specified? Here’s my point of view.

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WSHRC–PRACTICE AND PROCEDURE–PROCEDURE WHEN NONE IS SPECIFIED (WAC 162-08-019)

When it comes to legal or administrative procedures, rules are essential—but what happens when there’s no clear rule in place? That’s where WAC 162-08-019 steps in for the Washington State Human Rights Commission. The relevant rule states as follows:

WAC 162-08-019
Procedure when none is specified.

(1) Any orderly procedure. To take care of a problem for which no procedure is specified by this chapter, the Administrative Procedure Act, chapter 34.05* RCW, or the law against discrimination, chapter 49.60* RCW, any orderly procedure may be used. Appropriate procedures may be taken from the Washington civil rules for superior courts, the federal rules of civil procedure, or the rules of other administrative agencies of the state of Washington or of the United States.

(2) By chairperson. The chairperson of the commission or an administrative law judge may specify the procedure to be used to dispose of any matter not covered by this chapter, or any matter covered by a rule that has been waived or altered in the interest of justice under authority of WAC 162-08-013*.

WAC 162-08-019* (emphasis added).

WAC 162-08-019 — A CLOSER LOOK

Thus, WAC 162-08-019* provides guidance for situations where no specific procedure is outlined in the WAC, the Administrative Procedure Act (RCW 34.05*), or the state’s Law Against Discrimination (RCW 49.60*). Essentially, if there’s no official roadmap, the commission can use any “orderly procedure” to resolve the issue. These procedures might be borrowed from Washington’s civil court rules, federal court procedures, or even rules from other state or federal agencies.

Additionally, the chairperson of the commission or an administrative law judge has the authority to decide what procedure should be followed in these cases—especially when an existing rule has been waived or adjusted for fairness under WAC 162-08-013*.

CONCLUSION

In short, WAC 162-08-019* ensures flexibility and fairness, making sure the WSHRC can still act efficiently and justly, even when the rulebook is silent.

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

» WA State Human Rights Commission Complaints

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

» WSHRC: From Complaint to Conclusion

LEARN MORE

-gw

October 21, 2023April 29, 2025

WSHRC: Withdrawal of Complaint

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning the withdrawal of a complaint? Here’s my point of view.

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WSHRC — PRACTICE AND PROCEDURE — WITHDRAWAL OF COMPLAINT (WAC 162-08-091)

Filing a discrimination complaint with the Washington State Human Rights Commission (WSHRC) is a serious step in seeking justice. But what happens if a complainant later decides they no longer wish to pursue the matter? Washington Administrative Code (WAC) 162-08-091* provides clear guidance on how — and under what conditions — a complaint can be withdrawn. The relevant provision states as follows:

WAC 162-08-091
Withdrawal of complaint.

(1) Consent necessary. A complaint or any part thereof may be withdrawn only with the consent of the commission.

(2) Form. A request for withdrawal of a complaint must be in writing and signed by the complainant and must state in full the reasons why withdrawal is requested. Blank forms may be obtained at commission offices.

WAC 162-08-091*.

Withdrawal Isn’t Automatic

First and foremost, the rule makes one thing clear: you cannot simply retract your complaint on your own. According to subsection (1), any withdrawal — whether partial or complete — requires the consent of the commission. This ensures the integrity of the process and allows the commission to determine whether the withdrawal is appropriate, especially in cases where broader public interest may be at stake.

A Formal Process

Subsection (2) of WAC 162-08-091 outlines the proper method for requesting a withdrawal. The request must be:

• In writing

• Signed by the complainant

• Accompanied by a full explanation of why the withdrawal is being sought

This formal process helps the commission assess the reasons behind the request and ensures that the decision to withdraw is made voluntarily and without coercion. For convenience, blank withdrawal request forms can be obtained at commission offices.

Why This Matters

The withdrawal rule protects both individual rights and the public interest. While it respects a complainant’s autonomy, it also enables the commission to evaluate whether continuing the investigation might still be warranted — for example, if the issue reveals a systemic problem.

In short, WAC 162-08-091 balances personal choice with public accountability, ensuring that discrimination complaints in Washington are handled thoughtfully and responsibly from start to finish.

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

» WA State Human Rights Commission Complaints

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

» WSHRC: From Complaint to Conclusion

LEARN MORE

-gw

July 23, 2023April 23, 2025

WSHRC: Bona Fide Occupational Qualification

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning bona fide occupational qualification? Here’s my point of view.

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WSHRC — EMPLOYMENT — BONA FIDE OCCUPATIONAL QUALIFICATION

In Washington State, discrimination in employment based on protected characteristics is prohibited under the Washington Law Against Discrimination. However, the Washington Administrative Code (WAC 162-16-240) recognizes a narrow exception to this rule: the bona fide occupational qualification (BFOQ).

A BFOQ allows an employer to consider a person’s protected status only when it is genuinely necessary to the job. This isn’t a loophole for bias—it’s a specific, limited carve-out. The Washington State Human Rights Commission emphasizes that BFOQs must be applied narrowly and thoughtfully.

THE BLACK LETTER LAW: WAC 162-16-240

The relevant provision is WAC 162-16-240*, and it states as follows:

WAC 162-16-240
Bona fide occupational qualification.

Under the law against discrimination, there is an exception to the rule that an employer, employment agency, labor union, or other person may not discriminate on the basis of protected status; that is if a bona fide occupational qualification (BFOQ) applies. The commission believes that the BFOQ exception should be applied narrowly to jobs for which a particular quality of protected status will be essential to or will contribute to the accomplishment of the purposes of the job. The following examples illustrate how the commission applies BFOQs:

(1) Where it is necessary for the purpose of authenticity or genuineness (e.g., model, actor, actress) or maintaining conventional standards of sexual privacy (e.g., locker room attendant, intimate apparel fitter) the commission will consider protected status to be a BFOQ.

(2) A 911 emergency response service needs operators who are bilingual in English and Spanish. The job qualification should be spoken language competency, not national origin.

(3) An employer refuses to consider a person with a disability for a receptionist position on the basis that the person’s disability “would make customers and other coworkers uncomfortable.” This is not a valid BFOQ.

(4) A person with a disability applies for promotion to a position at a different site within the firm. The firm does not promote the person because doing so would compel the firm to install an assistive device on equipment at that site to enable the person to properly perform the job. This is not a valid BFOQ.

WAC 162-16-240* (emphasis and hyperlinks added).

What Qualifies as a BFOQ?

Thus, some key examples clarify when a BFOQ may or may not apply:

• Authenticity or Privacy: A protected status may be essential when authenticity matters—such as hiring an actor for a culturally specific role—or when maintaining privacy is necessary, like hiring locker room attendants or intimate apparel fitters.

• Skill Over Status: Requiring bilingual ability for a 911 operator position is acceptable. However, the requirement should be based on language skills, not the applicant’s ethnic background.

• Discomfort Isn’t a Defense: Employers cannot reject a person with a disability simply because coworkers or customers might feel “uncomfortable.” That’s not a valid BFOQ.

• Accommodation is Not Optional: Refusing to promote someone with a disability to avoid the cost of accommodations—like assistive equipment—also fails to meet the BFOQ standard.

CONCLUSION

The BFOQ rule exists to ensure that only in rare, well-justified cases can an employer factor in protected status. Washington law draws a clear line between legitimate job requirements and discriminatory practices disguised as necessity.

Employers should tread carefully—and consult legal guidance—before invoking a BFOQ. Misusing this exception can lead to serious legal consequences and undermine workplace equity.

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

» WA State Human Rights Commission Complaints

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

» WSHRC: From Complaint to Conclusion

LEARN MORE

-gw

WSHRC: PRACTICE AND PROCEDURE: SANCTIONS

OVERVIEW OF WAC 162-08-015

1. Sanctions in Administrative Hearings

2. Sanctions in Other Proceedings

IMPORTANCE AND IMPACT

FINAL THOUGHTS

RELATED ARTICLES

LEARN MORE

WSHRC: ORGANIZATION AND OPERATIONS

(1) Membership

(2) Meetings

(3) Quorum

(4) Executive director

(5) Authority and duty

(6) Offices

(7) Where to obtain information

(8) Where to make submissions or requests

RELATED ARTICLES

LEARN MORE

WSHRC: PRACTICE AND PROCEDURE: RELATIONSHIP OF COMMISSION TO COMPLAINANT

THE BLACK LETTER LAW: WAC 162-08-061

WAC 162-08-061 Relationship of commission to complainant.

RELATED ARTICLES

LEARN MORE

THE WASHINGTON STATE HUMAN RIGHTS COMMISSION

DISCRIMINATION BECAUSE OF MARITAL STATUS

EXCEPTIONS TO THE RULE

WLAD REMEDIES

READ OUR RELATED ARTICLES

LEARN MORE

WSHRC: GENERAL PROVISIONS: DEFINITIONS

RELATED ARTICLES

LEARN MORE

WSHRC–PRACTICE AND PROCEDURE–PROCEDURE WHEN NONE IS SPECIFIED (WAC 162-08-019)

WAC 162-08-019 — A CLOSER LOOK

CONCLUSION

RELATED ARTICLES

LEARN MORE

WSHRC — PRACTICE AND PROCEDURE — WITHDRAWAL OF COMPLAINT (WAC 162-08-091)

Withdrawal Isn’t Automatic

A Formal Process

Why This Matters

RELATED ARTICLES

LEARN MORE

WSHRC — EMPLOYMENT — BONA FIDE OCCUPATIONAL QUALIFICATION

THE BLACK LETTER LAW: WAC 162-16-240

What Qualifies as a BFOQ?

CONCLUSION

RELATED ARTICLES

LEARN MORE

WAC 162-08-061
Relationship of commission to complainant.