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FAQ: What are the elements of Disparate Treatment in WA State?
answer:
The elements of a Disparate Treatment claim in WA State require an employee-plaintiff to show:
a) Plaintiff is a member of one or more protected classes;
b) Plaintiff suffered a tangible adverse employment action;
c) The action occurred under circumstances that raise a reasonable inference of unlawful discrimination; and
d) Plaintiff was doing satisfactory work.
See Marin v. King County*, 194 Wn.App. 795, 808-09 (Wash.App. Div. 1 2016), review denied, 186 Wash.2d 1028, 385 P.3d 124 (Table) (Wash. 2016).
WASHINGTON LAW AGAINST DISCRIMINATION (WLAD) — DISPARATE TREATMENT — Generally
Under the WLAD, disparate treatment is a form of discrimination that “occurs when an employer treats some people less favorably than others because of race, color, religion, sex, [disability], [age], or other protected status.” Alonso v. Qwest Communications Company*, LLC, 178 Wn.App. 734, 743 (Div. 2 2013) (citing Hegwine v. Longview Fibre Co., 162 Wn.2d 340, 354 n. 7, 172 P.3d 688 (2007)) (hyperlinks added).
THE “ADVERSE EMPLOYMENT ACTION” ELEMENT
Adverse employment action “means ‘a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.'” Id.* at 808 (citing Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 761, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998)).
THE “REASONABLE INFERENCE OF UNLAWFUL DISCRIMINATION” ELEMENT
Employment-discrimination plaintiffs often establish this element by using similarly situated, nonprotected co-workers for comparison. Such “[s]imilarly situated employees must have the same supervisor, be subject to the same standards, and have engaged in the same conduct.” Id.* at 810 (citing Kirby v. City of Tacoma, 124 Wn.App. 454, 475 n.16, 98 P.3d 827 (2004); see also Clark v. Runyon, 218 F.3d 915, 918 (8th Cir. 2000)).
ELEMENTS ARE NOT ABSOLUTE But VARY BASED ON RELEVANT FACTS
“The elements of a prima facie case for disparate treatment based on protected status are not absolute but vary based on the relevant facts.” Marin*, 194 Wn.App. at 808 (citing Grimwood v. Univ. of Puget Sound, Inc., 110 Wn.2d 355, 362-63, 753 P.2d 517 (1988)).
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 Washington Law Against Discrimination] 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
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» Disparate Treatment: A Closer Look*
» Disparate Treatment: Bona Fide Occupational Qualification*
» Disparate Treatment vs. Disparate Impact Discrimination*
» Disparate Treatment via Hostile Work Environment*
» Disparate Treatment: Pretext by Comparison
» McDonnell Douglas Framework (Step 1): The Prima Facie Case*
» Prima Facie Case: The Replacement Element*
» The Prima Facie Case: Disparate Treatment
» The Prima Facie Case: Disparate Treatment via Direct Evidence
» Top 3 Reasons Disparate Treatment Claims Fail
» WLAD: Disparate Treatment via Hostile Work Environment
* (NOTE: This is an external link that will take you to our Williams Law Group Blog.)
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