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FAQ: What are the elements of Disparate Impact in WA State?
answer:
The Washington State Supreme Court “has held that the WLAD [(Washington Law Against Discrimination]) creates a cause of action for disparate impact.” Kumar v. Gate Gourmet, Inc., 180 Wn.2d 481, 503, 325 P.3d 193 (Wash. 2014) (citing E-Z Loader Boat Trailers, Inc. v. Travelers Indem. Co., 106 Wn.2d 901, 909, 726 P.2d 439 (1986)) (hyperlinks added).
“To establish a prima facie case of disparate impact, the plaintiff must show that[:]
(1) a facially neutral employment practice
(2) falls more harshly on a protected class.
Id. at 503 (citing Oliver v. P. Nw. Bell Tel. Co., 106 Wn.2d 675, 679, & n.1, 724 P.2d 1003 (1986)) (internal citation omitted) (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 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
» Definition of Prima Facie Case*
» McDonnell Douglas Framework (Step 1): The Prima Facie Case*
» Origin of the Disparate Impact Claim
» The Prima Facie Case: Disparate Impact
» What is WA State’s law against employment discrimination?
* (NOTE: This is an external link that will take you to our Williams Law Group Blog.)
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