Investigation of Complaints--Findings Archives — LAW OFFICE OF GREGORY A. WILLIAMS

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

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Understanding WAC 162-08-094: A Simple Explanation of the Investigation Process for Discrimination Complaints in Washington State

If you’ve ever filed or responded to a WSHRC discrimination complaint, it’s helpful to understand how that agency handles investigations. Washington Administrative Code (WAC) 162-08-094 outlines key steps in this process. The relevant provision states as follows:

WAC 162-08-094
Investigation.

(1) Copy of complaint to respondent. Except as may be provided for complaints alleging an unfair practice in a real estate transaction, within a reasonably prompt time after a complaint is filed the staff shall furnish a copy of the complaint to the respondent and shall afford the respondent an opportunity to reply in writing. No error or omission in carrying out this step shall affect the validity of the complaint or prevent further processing of it.

(2) Preliminary evaluation of complaint. Whenever the allegations of the complaint, if true, show no basis for commission action, then the staff without further investigation may enter a finding of no reasonable cause or write a recommendation for a finding of no jurisdiction, or other appropriate disposition.

(3) Scope of investigation. The investigation is limited to ascertaining the facts concerning the unfair practice(s) alleged in the complaint. RCW 49.60.240.

WAC 162-08-094*. Here’s a plain-language overview to help you understand what this rule means.

Step 1: Notifying the Respondent

Once a discrimination complaint is filed—except in cases involving real estate—the person or organization being accused (called the respondent) will receive a copy of the complaint. The Commission will also give them a chance to respond in writing. Even if there’s a delay or error in this notification, it doesn’t invalidate the complaint or stop the investigation from moving forward.

Step 2: Early Review of the Complaint

Before launching a full investigation, the Commission takes a preliminary look at the complaint. If, even assuming the allegations are true, there’s no legal basis for the Commission to act, they may decide to:

• Dismiss the complaint (finding “no reasonable cause”),

• Recommend that the Commission doesn’t have jurisdiction (authority),

• Or suggest another appropriate outcome.

This step helps ensure that only valid complaints move forward.

Step 3: Focused Fact-Finding

If the complaint proceeds, the investigation will focus solely on the facts related to the specific unfair practice alleged. This means investigators won’t go on a broad search—they’ll stick to what’s directly relevant to the complaint, as required by state law (RCW 49.60.240*).

In Summary

This rule outlines how the Washington State Human Rights Commission manages the early stages of a discrimination complaint. It ensures that both parties are informed and treated fairly, starting with notification, followed by a careful review to determine if the complaint has legal grounds, and ending with a fact-based investigation focused on the specific issues raised. Understanding this process helps everyone involved know their rights and what steps may come next.

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

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.

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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.