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

November 13, 2025

WSHRC: Findings

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

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Understanding WAC 162-08-098: Findings in Human Rights Commission Investigations

When the Washington State Human Rights Commission (WSHRC) investigates a discrimination complaint, its ultimate goal is to determine whether there is reasonable cause to believe that an unfair practice has occurred. WAC 162-08-098* outlines how the Commission formalizes those determinations through official findings, which serve as a critical turning point in the complaint process.

Purpose of the Findings Document

Every investigation concludes with a written findings document containing two key elements:

1. Findings of fact — A summary of what the investigation determined actually occurred, based on evidence gathered.

2. Ultimate finding — A formal conclusion stating whether there is:

• Reasonable cause to believe discrimination or another unfair practice has occurred,

• No reasonable cause, or

• A jurisdictional finding, as discussed below.

This document provides transparency and structure, ensuring that both parties understand the Commission’s basis for its conclusions.

Jurisdictional Findings

Sometimes, the facts reveal that the matter is not within the Commission’s jurisdiction—for example, if the complaint involves a federal agency or an employer too small to be covered under Washington’s Law Against Discrimination (WLAD). In such cases, the Commission issues a finding of “no jurisdiction.”

In extraordinary circumstances, even when the Commission technically has jurisdiction, it may decline to exercise it for overriding reasons of law or policy. A rare example is when the complaint is filed against the Commission itself, which would create a conflict of interest. In these situations, the ultimate finding is “jurisdiction declined.”

Scope of a “Reasonable Cause” Finding

When the Commission finds reasonable cause, it must specify:

• The specific unfair practice found (such as discriminatory discharge or housing denial),

• The individual(s) affected, and

• If applicable, the class of persons impacted.

This level of detail ensures that remedial efforts—such as conciliation or negotiated settlements—address the actual harm uncovered during investigation.

Commissioner Involvement and Actions

Findings of no reasonable cause are reported to the Commissioners at a meeting and become official unless the Commissioners vote to set them aside.

Findings of reasonable cause empower Commission staff to pursue conciliation efforts—attempting to resolve the matter voluntarily through dialogue and agreement.

Proposed findings of “no jurisdiction” or “jurisdiction declined” require formal approval by the Commissioners through a vote at a meeting.

The Legal Effect of Findings

Importantly, a finding of reasonable cause or no reasonable cause is not a legal adjudication. It does not determine whether discrimination actually occurred in the legal sense—it merely reflects the Commission’s administrative conclusion based on its investigation.

Implications

WAC 162-08-098 ensures that the Human Rights Commission’s processes remain fair, consistent, and transparent. By clearly defining how and when findings are made—and distinguishing investigative conclusions from legal determinations—the rule protects the integrity of both complainants’ and respondents’ rights. It also reinforces the Commission’s role as a neutral fact-finder, dedicated to resolving discrimination claims efficiently while maintaining public trust in the enforcement of Washington’s anti-discrimination laws.

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

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

November 6, 2025November 6, 2025

WSHRC: Termination of Case Without Findings of Fact

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning termination of a case without findings of fact? Here’s my point of view.

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Understanding WAC 162-08-099*: When the Washington State Human Rights Commission May End a Case Without Findings of Fact

The Washington State Human Rights Commission (WSHRC) is responsible for enforcing the state’s anti-discrimination laws under RCW 49.60*, also known as the Washington Law Against Discrimination (WLAD). Typically, once a complaint is filed, the Commission investigates and—if warranted—issues findings of fact to determine whether an unfair practice occurred. However, WAC 162-08-099* outlines circumstances in which the Commission may terminate a case before reaching findings of fact.

1. Voluntary Withdrawal of a Complaint

If the complainant requests to withdraw their complaint and the Commission consents (as described in WAC 162-08-091), no findings or further formal procedures are required. This allows individuals to end their case voluntarily without a full investigation or determination.

2. Settlement Before Findings (Prefinding Settlement)

In many cases, disputes are resolved through settlement agreements before the Commission completes its investigation. When the Commission’s staff and a respondent have entered into a written settlement agreement (i.e., a prefinding settlement), the agreement is presented to the commissioners for approval.

• The Commission must vote to accept the agreement before it becomes binding.

• Once approved, the Commission issues an order formalizing the settlement.

• “A prefinding settlement is not binding on the commission until the commissioners vote to accept it and issue their order.” WAC 162-08-099(3)*.

This procedure encourages early resolution while maintaining the Commission’s oversight role to ensure fairness and compliance with the law. NOTE: This process does not apply to a complaint alleging an unfair practice in a real estate transaction.

3. Administrative Closure

The Commission may also administratively close a case without findings when certain practical or procedural circumstances arise, such as:

• The complaint has been resolved informally or adjudicated elsewhere,

• The issue has become moot,

• The complainant or respondent cannot be located, or

• Other factors make further investigation impossible or unnecessary.

Administrative closure is an official action that halts further work on a complaint, though the Commission retains the authority to reopen the case later if circumstances change.

Implications

For both complainants and respondents, understanding WAC 162-08-099* clarifies that not every case will move through the full fact-finding process. Early settlement, voluntary withdrawal, or administrative closure can end a complaint efficiently while preserving fairness and procedural integrity.

In short, this rule gives the Human Rights Commission the flexibility to manage its caseload responsibly while ensuring that every case receives appropriate consideration under Washington’s anti-discrimination laws.

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

June 15, 2025August 7, 2025

WSHRC: Investigation

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

–gw

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.

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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

–gw

January 7, 2025November 6, 2025

WSHRC: Failure to Provide Information

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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

Understanding WAC 162-08-098: Findings in Human Rights Commission Investigations

Purpose of the Findings Document

Jurisdictional Findings

Scope of a “Reasonable Cause” Finding

Commissioner Involvement and Actions

The Legal Effect of Findings

Implications

RELATED ARTICLES

LEARN MORE

Understanding WAC 162-08-099*: When the Washington State Human Rights Commission May End a Case Without Findings of Fact

1. Voluntary Withdrawal of a Complaint

2. Settlement Before Findings (Prefinding Settlement)

3. Administrative Closure

Implications

RELATED ARTICLES

LEARN MORE

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

Step 1: Notifying the Respondent

Step 2: Early Review of the Complaint

Step 3: Focused Fact-Finding

In Summary

RELATED ARTICLES

LEARN MORE

Understanding Protective Orders Under Washington’s Anti-Discrimination Law: A Closer Look at WAC 162-08-096

What Is WAC 162-08-096?

When Can a Protective Order Be Requested?

What Can the Chairperson Do?

What Happens If the Request Is Denied?

Sealing Documents

Why This Matters

Key Takeaway

RELATED ARTICLES

LEARN MORE

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

1. Orders Compelling the Production of Information

2. Enforcing an Order in Court

Implications

In summary

RELATED ARTICLES

LEARN MORE