Under the Washington Law Against Discrimination (WLAD), what is the definition of “color” when pursing claims of employment discrimination? Here’s my point of view.
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Defining “Color” Under Washington Law
Within the Washington Law Against Discrimination (WLAD), RCW 49.60, the term “color” is recognized as a distinct protected characteristic. Although often discussed alongside race, “color” has its own legal meaning and plays an important role in identifying and addressing discriminatory conduct. In general terms, “color” refers to the pigmentation, complexion, or skin tone of an individual.
Distinction Between Color and Race
While race and color are closely related, they are not interchangeable under the law. Race typically refers to broader social or ethnic classifications, whereas color focuses specifically on the shade or tone of a person’s skin. This distinction is significant because discrimination can occur between individuals of the same race based on differences in complexion.
For example, unfavorable treatment of a darker-skinned individual compared to a lighter-skinned individual of the same racial background may constitute unlawful discrimination based on color. Recognizing this nuance allows the law to address more subtle forms of bias that might otherwise go unremedied.
How Color Discrimination Appears in Practice
Color discrimination can arise in many of the same contexts covered by the WLAD, including employment, housing, public accommodations, and credit/insurance transactions. In the workplace, it may involve hiring decisions, promotions, pay disparities, or workplace harassment tied to an individual’s skin tone. In housing, it could manifest as differential treatment in renting or selling property based on complexion.
Importantly, color discrimination is not limited to overt or explicit actions. It may also include patterns of behavior, implicit bias, or policies that disproportionately affect individuals with certain skin tones. As a result, both direct evidence and circumstantial evidence may be relevant in evaluating such claims.
Legal Framework and Enforcement
Claims of discrimination based on color are evaluated under the same general framework as other protected classes under the WLAD. A complainant must typically show that they were treated differently in a context covered by the statute and that their color was a motivating factor in that treatment.
The Washington State Human Rights Commission investigates such claims, assessing whether there is sufficient evidence to support a finding of discrimination. If a violation is established, remedies may include corrective action, damages, policy changes, or other relief designed to address the harm and prevent future misconduct.
Conclusion
Recognizing “color” as an independent protected characteristic under the WLAD, RCW 49.60, strengthens the reach of Washington’s anti-discrimination law. It ensures that individuals are protected not only from broad racial bias but also from unequal treatment based on differences in skin tone—whether across or within racial groups.
For the public, this underscores that the law addresses subtle as well as overt forms of discrimination. For legal practitioners, it highlights the need to evaluate claims with precision, paying close attention to how complexion-based bias may factor into a given set of facts. By expressly prohibiting discrimination on the basis of color, Washington law provides a more complete framework for identifying, addressing, and preventing inequity in everyday life.
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–gw