WSHRC Digest Archives — LAW OFFICE OF GREGORY A. WILLIAMS

January 17, 2025August 21, 2025

WSHRC: Protective Orders

Under the Washington State Administrative Code (hereinafter, “WAC”), what is the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulation concerning protective orders? 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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Understanding Protective Orders Under Washington’s Anti-Discrimination Law: A Closer Look at WAC 162-08-096

When people hear the term protective order, they often think of restraining orders in domestic violence cases. But in Washington State’s legal system, protective orders can also play a vital role in protecting sensitive information during legal investigations—especially in cases handled by the Washington State Human Rights Commission (WSHRC).

One such rule is WAC 162-08-096*, a regulation that gives the WSHRC the authority to protect individuals and businesses from unnecessary harm during the information-gathering process in discrimination investigations. This blog post breaks down what this rule means in plain English, why it matters, and how it may affect you if you’re involved in one of these proceedings.

What Is WAC 162-08-096?

WAC 162-08-096* is part of Washington’s administrative rules that guide how the WSHRC handles discrimination complaints. Specifically, this rule allows the chairperson of the Commission to issue protective orders—official directives that limit how certain information is shared or used during an investigation. The relevant law states as follows:

WAC 162-08-096
Protective orders.

(1) Upon motion by a party or by the person from whom information is sought pursuant to WAC 162-08-09501*, and for good cause shown, the chairperson of the commission may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense caused by revealing private information, or trade secrets, including all orders a court can make under CR 26(c).

(2) If a motion for a protective order is denied in whole or in part, the chairperson may, on such terms and conditions as are just, order that any party or person provide or permit information to be revealed subject to the provisions of WAC 162-08-097*.

(3) The chairperson may, on such terms and conditions as are just, grant a protective order sealing the produced documents pursuant to WAC 162-04-035*.

WAC 162-08-096*.

Protective orders are designed to prevent:

• Annoyance

• Embarrassment

• Oppression

• Undue burden or expense

These concerns may arise, for example, when sensitive personal information or trade secrets are requested by the Commission as part of a discrimination investigation.

When Can a Protective Order Be Requested?

A protective order under WAC 162-08-096* can be requested in two main ways:

1. By a party to the case – This could be the person who filed the discrimination complaint or the person or entity being accused.

2. By someone who’s being asked to provide information – Even if they’re not directly involved in the case.

The person requesting the order must show “good cause,” meaning a valid reason supported by facts. The chairperson then decides whether justice requires limiting how the information is disclosed.

What Can the Chairperson Do?

If the chairperson finds good cause, they can issue a protective order similar to those a judge can issue under civil court rules (specifically Civil Rule 26(c)*). These orders might:

• Restrict who can see the information.

• Limit how the information can be used.

• Require documents to be sealed (kept confidential).

• Prevent certain types of questions in a deposition.

• Allow disclosure only under specific conditions (e.g., only to attorneys).

The goal is to balance the need for a full investigation with the right to privacy or protection of confidential information.

What Happens If the Request Is Denied?

If the request for a protective order is denied in whole or in part, the chairperson may still set fair terms and conditions for how the information must be disclosed. In such cases, the party or person would still need to provide the requested information—but possibly under safeguards outlined in WAC 162-08-097*, which deals with confidentiality and limits on how that information is used.

Sealing Documents

The chairperson may also issue an order to seal documents, meaning they become part of the official file but are not available to the public. This is governed by a related rule: WAC 162-04-035*, which allows for keeping sensitive materials out of the public record if justice so requires.

Why This Matters

If you’re involved in a WSHRC investigation—whether you’re making a discrimination complaint, responding to one, or simply being asked to provide information—you have the right to ask for protection if the request invades your privacy or risks exposing confidential business information.

WAC 162-08-096* ensures that the fact-finding process doesn’t come at an unreasonable personal or professional cost. It’s one of the many ways Washington law aims to protect people from both discrimination and unnecessary harm during the process of addressing it.

Key Takeaway

WAC 162-08-096* gives individuals and businesses a tool to protect themselves from unfair exposure during discrimination investigations. If you’re facing a request for sensitive information in one of these cases, you may be able to ask for a protective order. Consulting an attorney familiar with Washington’s anti-discrimination laws can help you navigate this process and assert your rights effectively.

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

» WA State Human Rights Commission Complaints

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

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Procedure When None Is Specified

» WSHRC: Relationship of Commission to Complainant

» WSHRC: Withdrawal of Complaint

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

January 7, 2025November 6, 2025

WSHRC: Failure to Provide Information

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

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When a Party Fails to Provide Information: Understanding WAC 162-08-097

In Washington State, the Washington State Human Rights Commission (WSHRC) plays a crucial role in enforcing anti-discrimination laws under the Washington Law Against Discrimination (WLAD), RCW 49.60*. To carry out investigations and hearings, the Commission must often request documents, testimony, and other evidence from individuals or organizations involved in a case. But what happens when a party refuses to provide the required information?

The answer lies in WAC 162-08-097*, titled “Failure to provide information.” This regulation outlines the Commission’s authority and process for compelling the production of information—essentially, its enforcement mechanism when cooperation breaks down.

1. Orders Compelling the Production of Information

Under subsection (1), the chairperson of the Commission has broad authority to issue orders similar to those a court can issue under Civil Rule (CR) 37(a)* — “including an order awarding expenses of the motion to compel production of information pursuant to WAC 162-08-09501*.” Thus, CR 37* governs motions to compel discovery in civil litigation, including the ability to require compliance and award expenses if a party refuses to cooperate.

This means that when a person or organization fails to provide documents or testimony during a Commission investigation or hearing, the Commission’s chairperson can issue an order compelling production—much like a court would do in a lawsuit.

The executive director of the Commission may request such an order by filing a motion with the chairperson. Before doing so, reasonable notice must be given to all affected parties. The procedure for filing and resolving the motion follows WAC 162-08-019*, which governs motion practice before the Commission.

If the dispute arises during testimony taken under oath—such as during a deposition—the party asking the question (the “proponent”) has the discretion to either continue the examination or pause it to seek an order compelling the answer.

2. Enforcing an Order in Court

Even after the Commission issues an order compelling production, a party might still refuse to comply. In that case, subsection (2) authorizes the Commission to enforce its order through the courts. Specifically, the matter can be referred to the Commission’s legal counsel, who may seek enforcement of the subpoena or order in Washington Superior Court.

This step ensures that the Commission’s authority has the backing of the judicial system—giving its orders real weight and ensuring that investigations and hearings are not obstructed by non-cooperation.

Implications

For individuals, this rule underscores the importance of cooperating with Commission investigations. Refusing to provide requested information can lead to formal orders and even court involvement.

For attorneys and employers, WAC 162-08-097* serves as a reminder that proceedings before the Commission are not informal or toothless. The Commission possesses quasi-judicial powers that mirror those of a court when it comes to discovery and compliance.

Ultimately, the regulation helps the WSHRC ensure fairness and efficiency in enforcing Washington’s civil rights laws—maintaining the integrity of the process for everyone involved.

In summary

WAC 162-08-097* gives the Washington State Human Rights Commission the authority to compel and enforce the production of information necessary for its investigations. If a party fails to cooperate, the Commission can issue an order similar to a court order under CR 37*—and, if needed, seek judicial enforcement in superior court.

This balance of administrative and judicial power ensures that discrimination investigations proceed fairly and without undue delay.

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

» WA State Human Rights Commission Complaints

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

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Relationship of Commission to Complainant

» WSHRC: Withdrawal of Complaint

LEARN MORE

–gw

January 4, 2025December 18, 2025

WSHRC: Agency Contact Information–Public Records Officer

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning both the agency contact information and public records officer? Here’s my point of view.

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Understanding WAC 162-04-032: How to Contact the Washington Human Rights Commission for Public Records

Washington’s Public Records Act* (PRA) is designed to ensure government transparency, and the Washington State Human Rights Commission follows specific rules to make that transparency meaningful. WAC 162-04-032* explains how the public can contact the WSHRC for records and outlines the agency’s responsibilities in handling those requests. Whether you are a member of the public, an attorney, or a professional working with civil rights matters, understanding these procedures helps ensure efficient access to information.

Clear Contact Pathways

The rule begins by identifying where the Human Rights Commission’s central office is located in Olympia:

711 S. Capitol Way, Ste. 402
P.O. Box 42490
Olympia, Washington 98504

See WAC 162-04-032(1)*. This physical address matters for individuals who prefer or need to submit requests by mail or in person. The regulation then designates a public records officer, the point person responsible for overseeing compliance with the PRA. However, the HRC emphasizes flexibility—other staff members may assist or process requests. For this reason, the rule uses the term “public records officer or designee.”

Duties of the Public Records Officer

The public records officer or designee plays a crucial role in open government. Their responsibilities include:

• Providing full assistance to individuals making requests;

• Maintaining an index of public records when required;

• Protecting records from damage or disorganization; and

• Ensuring that responding to requests does not significantly disrupt the agency’s core civil rights enforcement work.

These directives help balance the PRA’s broad access rights with the agency’s need to continue investigating discrimination complaints and enforcing Washington’s civil rights laws.

How to Request Records

WAC 162-04-032* also provides detailed instructions for requesting records*. “Any person wishing to request access to public records of the human rights commission, or seeking assistance in making such a request should contact the public records officer designee of the human rights commission:

Records Analyst
Human Rights Commission
711 S. Capitol Way, Ste. 402
P.O. Box 42490
Olympia, WA 98504-2490
360-359-4925
360-586-2282
records@hum.wa.gov

Information is also available at the human rights commission’s website at www.hum.wa.gov*.

WAC 162-04-032(3)*.

Request Forms Available

To streamline the process, the HRC offers a standardized public records request form. See https://www.hum.wa.gov/about-us/public-records-requests*. This form is available by contacting the public records officer’s designee directly or by downloading it from the agency’s website*. While the PRA does not require a specific form, using the Commission’s form helps ensure the request includes all information necessary for timely processing.

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

» WA State Human Rights Commission Complaints

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

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Relationship of Commission to Complainant

» WSHRC: Withdrawal of Complaint

LEARN MORE

–gw

December 7, 2024October 30, 2025

WSHRC: Voluntary Dismissal

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

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Understanding Voluntary Dismissal Under WAC 162-08-268

In Washington State, parties involved in discrimination cases before the Washington State Human Rights Commission (WSHRC) sometimes choose to withdraw their claims or end their participation in an administrative proceeding. WAC 162-08-268*, titled Voluntary Dismissal, outlines how and when a party may do so—and what legal consequences follow.

1. Dismissal Before the Hearing

Before a hearing begins, the Commission or any party supporting the complaint (hereinafter, “complainant”) may voluntarily dismiss their case or specific claims by filing and serving written notice. See WAC 162-08-268(1)*. This step effectively withdraws those issues from consideration. See id. The only exception applies to cases involving alleged unfair practices in real estate transactions, which are governed by separate rules. See id.

2. Dismissal After the Hearing Has Started

Once a hearing has commenced, the Commission or a complainant may move for voluntary dismissal of the complainant’s case or claim(s) therein; thus, a formal motion is required. See WAC 162-08-268(2)*. If the motion is made before the complainant finishes presenting its opening case, the administrative law judge (ALJ) must grant the dismissal as a matter of right. See id. However, if the motion is made after the complainant has rested, dismissal is discretionary—the ALJ may allow it only for “good cause” and may impose appropriate terms or conditions. See id.

Again, the only exception applies to cases involving alleged unfair practices in real estate transactions, which are governed by separate rules. See id.

3. Legal Effect of a Voluntary Dismissal

Importantly, a voluntary dismissal does not decide the case on the merits. See WAC 162-08-268(2)*. It merely ends the administrative proceeding for the dismissed claim or complainant. See id. The dismissed complainant may still pursue their claims in another forum—such as superior court—if permitted by law and filed within the required time limits. See id.

A dismissal of one claim does not affect any remaining claims, and one complainant’s dismissal does not automatically remove other complainants from the case. See id. However, if the Commission takes a voluntary dismissal of the case in support of the complaint the entire case is closed—”unless the complainant has appeared independently under WAC 162-08-261* or another party has intervened on the complainant’s side pursuant to WAC 162-08-288(4)*, in which circumstance the hearing shall proceed with the remaining parties.” Id.

4. iMPLICATIONS

For complainants and counsel, WAC 162-08-268* provides flexibility to reassess strategy mid-process. Whether to dismiss depends on procedural posture, alternative remedies, and timing. Because dismissal is not a ruling on the merits, parties who wish to pursue their claims in court can generally do so—so long as they act promptly and within statutory deadlines.

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

» WA State Human Rights Commission Complaints

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

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Relationship of Commission to Complainant

» WSHRC: Withdrawal of Complaint

LEARN MORE

–gw

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

February 16, 2024December 4, 2025

WSHRC: Newspapers & Other Advertising Media

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

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A Short Guide to WAC 162-16-280: Anti-Discrimination Rules for Job Ads in Washington State

Washington State’s WAC 162-16-280* outlines how newspapers, online job boards, and other advertising platforms must handle employment advertisements to prevent discrimination. Though brief, the rule plays an important role in shaping fair hiring practices. Below is a concise overview of what the regulation requires and why it matters.

1. No Segregated or Preference-Based Job Ad Headings

The regulation makes it an unfair practice for any advertising medium to publish employment ads under headings that separate or favor applicants based on protected characteristics—such as race, sex, age, disability, sexual orientation, or other statuses protected under Washington law.

Categories like “Jobs for Seniors” or “Women Only” are prohibited unless a bona fide occupational qualification* (BFOQ) legitimately applies. BFOQs are narrow exceptions and must reflect a true, job-related necessity.

2. Ads Showing Preference Must Be Traceable

While discriminatory headings are not allowed, advertising media are not automatically liable if an ad’s language indicates a direct or subtle preference based on protected status. Instead, the media must be able to provide the Washington State Human Rights Commission (WSHRC) with the name and address of the person who submitted the advertisement if the Commission requests it.

This ensures transparency and allows the WSHRC to investigate potential discriminatory practices by advertisers.

3. Encouraged Best Practices for Advertising Platforms

WAC 162-16-280* encourages newspapers and other ad distributors to take proactive steps to reduce discriminatory language in employment ads, including:

• Keeping lists of prohibited or problematic job terms, along with suggested inclusive alternatives.

• Training staff to alert employers when their proposed job titles or descriptions may violate anti-discrimination rules.

• Making copies of the regulation available to advertisers who want guidance.

These measures help employers avoid inadvertent violations and promote consistency in fair advertising standards.

Why This Rule Matters

WAC 162-16-280* positions advertising platforms as frontline partners in preventing discrimination. Since job ads often shape who feels welcome—or excluded—during hiring, compliance with this rule helps ensure equal access to employment opportunities from the very first step.

Key Points for Legal Professionals and Employers

• Review ad headings and titles carefully; discriminatory categories are prohibited.

• Use BFOQs sparingly and document why they’re necessary.

• Ensure advertising partners can identify the source of each job ad.

• Encourage staff or clients to use inclusive, neutral language when drafting job postings.

By setting clear boundaries and encouraging responsible practices, WAC 162-16-280* helps foster a fairer, more inclusive hiring environment across Washington State.

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

» WA State Human Rights Commission Complaints

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

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Relationship of Commission to Complainant

» WSHRC: Withdrawal of Complaint

LEARN MORE

–gw

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

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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

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Sealing Documents

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