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Is Washington State an at-will employment state?
answer:
Washington has been an “at-will” employment state since at least 1928. SeeFord v. Trendwest Resorts, Inc., 146 Wn.2d 146, 152, 43 P.3d 1223, (Wash. 2002) (referencing Davidson v. Mackall-Paine Veneer Co., 149 Wash. 685, 688, 271 P. 878 (1928); see also Prescott v. Puget Sound Bridge & Dredging Co., 40 Wash. 354, 357, 82 P. 606 (1905) (Mount, C.J., dissenting) (“where [an employment] contract is general and for an indefinite time, it is terminable at will.”)).
According to the at-will doctrine, “an employer can discharge an at-will employee for no cause, good cause or even cause morally wrong without fear of liability.” See id. (citing Thompson v. St. Regis Paper Co., 102 Wash.2d 219, 226, 685 P.2d 1081 (1984)) (internal quotation marks omitted). “Conversely, in the absence of a contract stating otherwise, an employee has the absolute right to abandon … [their] employment at-will.” See id.
However, there are three recognized exceptions to the general at-will employment doctrine: (1) Statutory; (2) Judicial and; (3) Contractual.
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Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning the nature of orders and enforcement? Here’s my point of view.
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WAC 162-08-305: Understanding the Public Nature of Commission Orders
WAC 162-08-305* defines how orders issued in Washington State Human Rights Commission proceedings function and who controls their enforcement. The rule emphasizes that these orders are tools of public law enforcement rather than private remedies owned by individual complainants.
Orders Serve a Public Enforcement Role
Under this regulation, orders secured by Commission counsel are characterized as public reparation orders. They are not judgments resolving private disputes between respondents and affected individuals. Even when an order directs a respondent to reinstate or compensate a person harmed by an unfair practice, the beneficiary does not hold a vested property right in that relief until it is actually delivered. This reflects the Commission’s statutory role in advancing compliance with the Law Against Discrimination on behalf of the public at large.
Enforcement Is Reserved to the Commission
The rule also centralizes enforcement authority. With limited statutory and regulatory exceptions (see RCW 49.60.260* and WAC 162-08-288*, respectively), only the Commission—acting through its legal counsel—may enforce an administrative law judge’s order. See RCW 49.60.260*. Individual complainants or beneficiaries do not have independent standing to enforce these orders, reinforcing the distinction between Commission proceedings and private civil actions.
Authority to Modify or Settle Orders
Finally, WAC 162-08-305* authorizes the Commission to compromise an order in good faith, even without the agreement of the individuals who would benefit from it. Except in certain real estate-related cases, this discretion allows the Commission to manage enforcement in a way that accounts for practical realities, legal risk, and broader policy objectives.
Implications
WAC 162-08-305* underscores that remedies issued through the Human Rights Commission are designed to vindicate public interests. While individuals may benefit from these orders, ultimate control over enforcement and resolution remains with the Commission itself.
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Under Washington State laws, what is the meaning of “statute of limitations” within the context of civil litigation? Here’s my point of view.
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Introduction: Statute of Limitations
Within the context of Washington State civil litigation, the concept of the statute of limitations serves as an essential thread that weaves together justice, fairness, and practicality. Rooted in the belief that legal actions should be pursued within a reasonable timeframe, the statute of limitations imposes a temporal boundary on the initiation of lawsuits. This legal doctrine aims to strike a delicate balance between the need for timely resolution and the preservation of fundamental fairness. In this article, I will define the term, address its key principles, and discuss exceptions and tolling.
Defining Statute of Limitations
The statute of limitations is a legal principle that dictates the maximum time allowed for a plaintiff to bring a lawsuit or legal action against a defendant. Its primary purpose is to ensure that legal disputes are resolved promptly, avoiding the complications that arise from the passage of time, such as fading memories, lost evidence, and changes in circumstances.
Statutes of limitations can vary depending on the legal theory; to learn about the statute of limitations for employment discrimination claims under the Washington Law Against Discrimination (WLAD), we invite you to read our article entitled: WLAD Statute of Limitations.
Key Principles
1. Preserving Evidence and Witness Testimony:
The statute of limitations acts as a safeguard against the deterioration of evidence and witness testimony over time. It recognizes the inherent challenges of litigating a case where memories may fade, documents may be lost, and witnesses may become unavailable.
2. Promoting Judicial Efficiency:
Efficiency is a cornerstone of the American legal system, and the statute of limitations plays a vital role in achieving this goal. By encouraging prompt legal action, it helps prevent the clogging of court dockets with stale claims, allowing the legal system to focus on resolving current and pressing issues.
3. Balancing Fairness and Finality:
The statute of limitations embodies the principle of fairness by providing a degree of legal certainty for potential defendants. Once the prescribed time limit has passed, individuals and entities can reasonably expect to be free from the threat of litigation related to a particular incident, promoting finality in legal matters.
Exceptions and Tolling
While the statute of limitations is generally rigid, exceptions and tolling provisions exist. These may include circumstances such as the discovery of fraud or the minority of the plaintiff at the time of the incident, which can extend the time frame within which legal action can be initiated. To learn more about tolling the statute of limitations for employment discrimination claims under the WLAD, we invite you to read our article entitled: WLAD Statute of Limitations: Equitable Tolling.
Conclusion
The statute of limitations serves as a guardian of justice, ensuring that legal disputes are resolved in a timely manner while balancing the interests of both plaintiffs and defendants. Understanding the nuances of these temporal boundaries is vital for anyone handling lawsuits or legal actions, highlighting the intricate interplay between fairness, efficiency, and the pursuit of justice within the bounds of time.
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Under Washington State law, may a constructive discharge be based on discrete and/or non-discrete acts? Here’s my point of view.
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Constructive discharge occurs when an employer deliberately creates working conditions so intolerable that a reasonable person in the shoes of the employee would feel compelled to resign.
A constructive discharge can be based on a discrete act (which can be discriminatory or retaliatory), and/or non-discrete acts, such as a hostile work environment. Draper v. Coeur Rochester, Inc., 147 F.3d 1104, 1110 (9th Cir. 1998); see also Pennsylvania State Police v. Suder, 542 U.S. 129, 149 (2004) (a hostile-work environment claim is a “lesser included component” of the “graver claim of hostile-environment constructive discharge”).
Conclusion
Under Washington State law, a constructive discharge may be based on discrete and/or non-discrete acts.
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FAQ: What are the elements of Disparate Treatment in WA State?
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FAQ: What are the elements of Disparate Treatment in WA State?
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)*.
Under Washington State laws, what are “protected classes” within the context of employment discrimination? Here’s my point of view.
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INTRODUCTION: PROTECTED CLASSES (WA STATE)
Washington State has comprehensive employment-discrimination laws to shield workers from unjust treatment rooted in specific attributes. An integral facet of these legal provisions is the acknowledgment of “protected classes.” This article will enumerate the protected classes within the employment-rights framework of the Washington Law Against Discrimination.
I. The Washington Law Against Discrimination: EMPLOYMENT
The Washington Law Against Discrimination (“WLAD”) is a potent statute enacted in 1949, and it covers a broad array of categories including, but not limited to employment, as follows:
Freedom from discrimination—Declaration of civil rights.
(a) The right to obtain and hold employment without discrimination;
…
RCW 49.60.030(1)(a) (emphasis, paragraph formatting, and hyperlinks added). The WLAD protects, inter alia, employees from the unfair practices of employers.
II. Unfair Practices of Employers: generally
Under the WLAD, certain employers are prohibited from engaging in specific unfair practices in employment. The relevant law states as follows:
(1) To refuse to hire any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification: PROVIDED, That the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved: PROVIDED, That this section shall not be construed to require an employer to establish employment goals or quotas based on sexual orientation.
[Discriminate in Compensation or in Other Terms/Conditions of Employment]
(3) To discriminate against any person in compensation or in other terms or conditions of employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability: PROVIDED, That it shall not be an unfair practice for an employer to segregate washrooms or locker facilities on the basis of sex, or to base other terms and conditions of employment on the sex of employees where the commission by regulation or ruling in a particular instance has found the employment practice to be appropriate for the practical realization of equality of opportunity between the sexes.
[Statements, Advertisements, Publications, Applications for Employment, Inquiries in Connection With Prospective Employment]
(4) To print, or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification: PROVIDED, Nothing contained herein shall prohibit advertising in a foreign language.
III. unfair practices of employers: filing or participating in a disrimination complaint (UNLAWFUL RETALIATION)
The WLAD also outlaws certain types of retaliation: “[i]t is an unfair practice for any employer, employment agency, labor union, or other person to discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden by … [the Washington Law Against Discrimination], or because he or she has filed a charge, testified, or assisted in any proceeding under … [the Washington Law Against Discrimination].” RCW 49.60.210. Moreover, “[i]t is an unfair practice for a government agency or government manager or supervisor to retaliate against a whistleblower as defined in chapter 42.40 RCW.” RCW 49.60.210.
NOTE: The foregoing unfair practices are based upon specific protected classes.
IV. Defining Protected Classes
Protected classes encompass groups of individuals shielded from discrimination under governmental statutes. Washington State explicitly delineates these classes under the WLAD, recognizing various categories within, inter alia, the realm of employment, including the following:
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).
Conclusion
In conclusion, the exploration of protected classes within Washington State’s employment discrimination laws highlights the state’s commitment to fostering a workplace environment rooted in equality and fairness. The Washington Law Against Discrimination (WLAD), a robust statute enacted in 1949, serves as a powerful safeguard against unjust treatment based on specific attributes.
In essence, the WLAD stands as a cornerstone in Washington State’s pursuit of equal opportunities, reinforcing the principles of fairness, justice, and non-discrimination in employment. As we navigate the complexities of the modern workplace, understanding and upholding the rights of protected classes are crucial steps towards creating a truly inclusive and equitable work environment in the Evergreen State.
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FAQ: Can you prove employment discrimination without direct evidence?
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Can you prove employment discrimination without direct evidence?
STEP 1*: The “plaintiff bears the initial burden of establishing a prima facie case of discrimination, which creates a presumption of discrimination.” Scrivener v. Clark College*, 181 Wn.2d 439, 446, 334 P.3d 541, (2014) (citing Riehl v. Foodmaker, Inc., 152 Wn.2d 138, 149-50; Kastanis v. Educ. Emps. Credit Union, 122 Wn.2d 483, 490, 859 P.2d 26, 865 P.2d 507 (1993)) (internal citations and quotation marks omitted) (emphasis & hyperlink added).
STEP 3*: “[I]f the defendant meets this burden, the plaintiff must produce sufficient evidence showing that the defendant’s alleged nondiscriminatory reason for the adverse employment action was a pretext*.” Id.* (internal citations omitted) (emphasis & hyperlink added).
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.
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IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.
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Unsworn Statements Versus Affidavits (WA State)
In Washington State, General Rule (GR) 13* simplifies how parties can submit sworn statements in court. Traditionally, an affidavit—a written statement confirmed by oath before a notary public—was required to prove or support many types of filings. GR 13* modernizes this process by allowing unsworn statements made under penalty of perjury to serve the same purpose in most circumstances.
What GR 13 Allows
When a law or rule requires a matter to be “supported or proved by affidavit,” it may instead be supported by a written statement, declaration, verification, or certificate that:
1. States it is made under penalty of perjury;
2. Includes the date and place of signing; and
3. Declares it is made under the laws of Washington State.
The rule provides a sample form:
——–
“I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.”
(Date and Place) (Signature)
——–
When GR 13 Does Not Apply
There are important exceptions. Under GR 13(b)*, the rule does not apply to documents that legally require an acknowledgment (such as deeds), oaths of office, or oaths that must be administered before a specific official other than a notary.
Implications
For both attorneys and self-represented litigants, GR 13* streamlines filings by eliminating the need for notarization in most court documents. This can save time, reduce costs, and make legal processes more accessible—particularly when remote filing or urgent deadlines are involved.
When drafting pleadings, declarations, or motions that previously required an affidavit, Washington practitioners can confidently rely on GR 13*—provided the unsworn statement contains the correct language and complies with GR 30’s* electronic signature requirements.
In short, GR 13* brings efficiency and flexibility to Washington’s legal system without compromising the integrity of sworn testimony.
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Summary Judgment: Mere Allegations vs. Specific Facts
In an employment discrimination case, the plaintiff “need produce very little evidence in order to overcome an employer‘s motion for summary judgment. This is because ‘the ultimate question is one that can only be resolved through a searching inquiry-one that is most appropriately conducted by a factfinder, upon a full record.’” Chuang v. Univ. of Cal. Davis, Bd. of Trustees, 225 F.3d 1115, 1124 (9th Cir. 2000) (quoting Schnidrig v. Columbia Mach., Inc., 80 F.3d 1406, 1410 (9th Cir.1996)) (hyperlink added).
But even in employment discrimination cases, summary judgment must be granted when there is a “complete failure of proof concerning an essential element of the non-moving party’s case.” Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). The nonmoving party may not rely on the mere allegations in the pleadings to show a “genuine issue for trial,” but must instead “set forth specific facts[.]” Porter v. Cal. Dep’t of Corr., 419 F.3d 885, 891 (9th Cir.2005) (internal quotation omitted) (emphasis added). This means that the nonmoving party “must do more than simply show that there is some metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986) (footnote omitted).
Thus, “summary judgment should be granted where the nonmoving party fails to offer evidence from which a reasonable jury could return a verdict in its favor.” Triton Energy Corp. v. Square D Co., 68 F.3d 1216, 1221 (9th Cir. 1995).
Conclusion
Under Washington State law, an employment-discrimination plaintiff may not rely on mere allegations to overcome a motion for summary judgment. Instead, the plaintiff must set forth specific facts.
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Under the Washington Law Against Discrimination (WLAD), RCW 49.60, how does one establish a disability-based hostile work environment case via circumstantial evidence? Here’s my point of view.
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THE PRIMA FACIE CASE: DISABILITY-BASED HOSTILE WORK ENVIRONMENT VIA CIRCUMSTANIAL EVIDENCE
To establish a disability-based hostile work environment case via circumstantial evidence, a plaintiff must first establish a prima facie case by proving:
(1) that the plaintiff was disabled within the meaning of the antidiscrimination statute[, WLAD],
To establish that the harassment was unwelcome, “the plaintiff must show that he or she ‘did not solicit or incite it’ and viewed it as ‘undesirable or offensive.'” Id. (citing Glasgow v. Georgia-Pac. Corp., 103 Wn.2d 401, 406, 693, P.2d 708 (Wash. 1985)) (hyperlink added).
THIRD ELEMENT (BECAUSE OF DISABILITY)
To establish that the harassment was “because of disability,” requires “[t]hat the disability of the plaintiff-employee be the motivating factor for the unlawful discrimination.” Id. at 46 (citing Glasgow, 103 Wash.2d at 406, 693 P.2d 708)) (alteration in original). This element requires a nexus between the specific harassing conduct and the particular injury or disability. Id.
FOURTH ELEMENT (TERMS & CONDITIONS OF EMPLOYMENT)
To establish that the harassment affected the terms and conditions of employment, “the harassment must be sufficiently pervasive so as to alter the conditions of employment and create an abusive working environment.” Id. at (citing Glasgow, 103 Wash.2d at 406, 693 P.2d 708)).
“[A] satisfactory finding on this element should indicate “that the conduct or language complained of was so offensive or pervasive that it could reasonably be expected to alter the conditions of plaintiff’s employment.'” Id. (citing 6A WASHINGTON PATTERN JURY INSTRUCTIONS: CIVIL 330.23, at 240) (alteration in original).
FIFTH ELEMENT (IMPUTABLE TO EMPLOYER)
To impute harassment to an employer, “the jury must find either that[:]
(1) an owner, manager, partner or corporate officer personally participate[d] in the harassment or that
(2) the employer … authorized, knew, or should have known of the harassment and failed to take reasonably prompt adequate corrective action.”
Id. at 47 (internal citation and quotation marks omitted) (second alteration in original) (paragraph formatting added).
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FAQ: What qualifies as wrongful termination in Washington?
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What qualifies as wrongful termination in Washington?
answer:
The terms “wrongful termination” and “wrongful discharge” are synonymous in Washington State and are typically evaluated within the scope of the “at-will” doctrine (hereinafter, “Doctrine”); Washington has been an “at-will” employment state since at least 1928. Under this doctrine, an employer can terminate an at-will employee for any reason—whether it’s no reason at all, a legitimate reason, or even an unethical one—without worrying about legal repercussions. Likewise, unless there is a contract that specifies different terms, employees have the unrestricted right to leave their job at any time (i.e., at will). However, the following three recognized exceptions to the general at-will employment doctrine qualify as wrongful termination in Washington:
(1) The Statutory Exception;
(2) The Judicial Exception; and
(3) The Contractual Exception.
(1) THE STATUTORY EXCEPTION
“First, both Congress and the Washington State Legislature have modified the employment at-will doctrine by limiting employers’ rights to discharge employees.” Ford v. Trendwest Resorts, Inc., 146 Wn.2d 146, 153, 43 P.3d 1223, (Wash. 2002) (citing National Labor Relations Act, 29 U.S.C. § 158(a)(1) (1994); Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1)* (1994); chapter 49.60* RCW (Washington’s law against discrimination); see also chapter 49.12* RCW (prohibiting discharge of employees for testifying in investigations regarding labor conditions, worker earnings, or sex discrimination); RCW 49.44.090* (prohibiting discharge of employee for being age 40 and over)).
These statutory laws provide an exception to the at-will doctrine that protects the employee’s rights and limits the employer’s ability to discharge an employee at-will.
(2) THE JUDICIAL EXCEPTION
Second, Washington courts “have recognized a narrow public-policy exception to an employer’s right to discharge an employee”; this exception is commonly known as “wrongful termination in violation of public policy*.” Id. (referencing Smith v. Bates Technical Coll., 139 Wash.2d 793, 991 P.2d 1135 (2000) (public policy exception to “for-cause” employees); Gardner v. Loomis Armored, Inc., 128 Wash.2d 931, 913 P.2d 377 (1996) (discharge of armored truck driver who abandoned post to prevent murder violated public policy)).
“Under this exception, an employer does not have the right to discharge an employee when the termination would frustrate a clear manifestation of public policy.” Id. “By recognizing this public policy exception, … [Washington State Supreme Court has] expressed its unwillingness to shield an employer’s action which otherwise frustrates a clear manifestation of public policy.” Id. at 154 (internal quotation marks omitted).
(3) THE CONTRACTUAL EXCEPTION
“Third, employers and employees can contractually modify the at-will employment relationship, eschewing the common law rule in favor of negotiated rights and liabilities.” Id. at 154 (internal citation omitted). “An employer can bargain away its right to discharge an employee without cause by contracting not to do so.” Id. (internal citation omitted).
“The law governing this exception is not a species of the employment at-will doctrine; it is the law of contracts.Therefore, the law of contracts governs an injured party’s right to recover damages under this exception.” Id. at 155 (internal citation omitted). “Unlike a wrongful discharge, a breach of contract is neither immoral nor wrongful; it is simply a broken promise.” Id. (internal citation omitted).
Did you resign from your job?
Even if you resigned from your job, you might still be able to claim wrongful termination in Washington. Take our Constructive Discharge Test (video) to learn more:
IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.
Title 42 of the United States Code § 1981 (“Section 1981” or “§ 1981”) is a cornerstone of civil rights law, ensuring equal treatment for all individuals in the U.S., regardless of race. It primarily protects the right to make and enforce contracts–which includes “the enjoyment of all benefits, privileges, terms and conditions of the contractual relationship”–ensuring that people of all racial backgrounds can participate equally in legal and business affairs. 42 U.S.C. § 1981*. The relevant law states as follows:
42 U.S. Code § 1981 – Equal rights under the law
(a) Statement of equal rights
All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
(b) “Make and enforce contracts” defined
For purposes of this section, the term “make and enforce contracts” includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.
(c) Protection against impairment
The rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law.
In the employment context, § 1981 “bars employers from discriminating and retaliating against employees based on the employee’s race[.]” Tank v. T-Mobile USA, Inc., 758 F.3d 800, 805 (7th Cir. 2014); see Surrell v. California Water Serv. Co., 518 F.3d 1097, 1103 (9th Cir. 2008) (“[Section] 1981 prohibits discrimination in the ‘benefits, privileges, terms and conditions’ of employment.”) (citing 42 U.S.C. § 1981(b)) (other citation omitted). Thus, Section 1981 specifically prohibits racial discrimination. Jones v. Bechtel, 788 F.2d 571, 574 (9th Cir. 1986).
Equal Rights in Contracts and Legal Matters
Section 1981 guarantees that everyone has the same rights as white citizens to engage in contracts, participate in legal proceedings, and receive legal protections. This includes the ability to sue, give evidence, and ensure the safety of one’s person and property, free from racial discrimination.
Scope of “Making and Enforcing Contracts”
The law goes beyond just the signing of agreements. It covers the entire process of creating, performing, modifying, and terminating contracts. The statute ensures that individuals can enjoy the same benefits and terms within a contractual relationship, regardless of their race or ethnicity.
Protection Against Discrimination
Section 1981 prohibits both governmental and private entities from discriminating based on race in contractual and legal matters. This means individuals are protected from racial bias not only by government actions but also by private employers, businesses, and organizations.
Conclusion
In sum, 42 U.S. Code Section 1981 plays a vital role in ensuring racial equality in contractual and legal rights, supporting fair treatment for all individuals in the U.S. It is an essential tool for protecting civil rights and promoting an equitable society.
FAQ: What are the elements of Failure to Provide Reasonable Accommodations in WA State?
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What are the elements of Failure to Provide Reasonable Accommodations in WA State?
Under the Washington State Administrative Code (hereinafter, “WAC”), how may the Washington State Human Rights Commission address the breach of a conciliated agreement? Here’s my point of view.
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Breach of Conciliated Agreement Under Washington Law
When discrimination complaints are resolved through Washington’s administrative process, the parties may enter into a conciliated agreement approved by the Washington State Human Rights Commission (WSHRC). These agreements are designed to eliminate unlawful practices under the Washington Law Against Discrimination (WLAD), RCW 49.60*. But what happens if one party fails to honor the terms of that agreement?
WAC 162-08-109* addresses this issue by outlining the tools available to the Commission’s executive director when a conciliation agreement is breached; it states as follows:
WAC 162-08-109 Breach of conciliated agreement.
If an agreement and order for the elimination of an unfair practice made under RCW 49.60.240* is breached, the executive director may take action appropriate in the circumstances, including one or more of the following:
(1) Specific enforcement. Bringing an action in superior or district court for specific enforcement of the agreement, or for damages pursuant to the conciliation agreement;
(2) Setting aside. Recommending to the commissioners that the agreement and order be set aside, in whole or in part, and that the case be returned to the staff for renewed conference, conciliation and persuasion, or to be referred to commission counsel for hearing; or
(3) Report to prosecuting attorney. Reporting the violation to the appropriate prosecuting attorney for prosecution under RCW 49.60.310*.
WAC 162-08-109* (emphasis and paragraph formatting added).
Options Available to the Commission
Thus, if a party violates the agreement, the executive director may choose one or more of the following steps, depending on the circumstances:
1. Specific Enforcement in Court
The Commission may file an action in superior or district court to enforce the agreement. This could mean seeking a court order that compels compliance with the original terms, or pursuing damages that were provided for in the agreement.
2. Setting Aside the Agreement
The executive director may recommend that the Commissioners void the agreement, in whole or in part. If this occurs, the case can be reopened for further conciliation efforts, or it may be referred to the Commission’s legal counsel for a formal hearing.
3. Referral for Prosecution
In certain cases, the violation may be referred to the appropriate prosecuting attorney for enforcement under RCW 49.60.310*, which provides for criminal penalties in connection with violations of the WLAD.
Why This Rule Matters
For individuals, this rule ensures that entering into a conciliation agreement is not the end of the road—there is accountability if the other party fails to follow through. For attorneys, it highlights the importance of drafting and reviewing conciliation agreements carefully, since breach can lead to renewed litigation, enforcement actions, or even criminal referral.
In short, WAC 162-08-109* underscores that compliance with conciliation agreements is not optional. The Human Rights Commission has meaningful enforcement mechanisms to protect both the integrity of the process and the rights of the parties involved.
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Title VII (9th Circuit): Hostile Work Environment (Harassment) May Form the Basis for Retaliation Claims
The Ninth Circuit* recognizes that a “hostile work environment may be the basis for a retaliation claim under Title VII” since “[h]arassment . . . is the paradigm of ‘adverse treatment that is based on retaliatory motive and is reasonably likely to deter the charging party or others from engaging in protected activity.’” Ray v. Henderson, 217 F.3d 1234, 1244-45 (9th Cir. 2000) (quoting EEOC Compliance Manual ¶ 8008) (hyperlinks added). Under either theory, “[h]arassment is actionable only if it is ‘sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.’” Id. at 1245 (quoting Harris v. Forklift Systems, Inc., 510 U.S. 17, 21 (1993)).
If you need help with your employment issue, then consider a consultation with an experienced employment discrimination 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.
Why is the idiom “playing the race card” harmful for employment-discrimination victims? Here’s my point of view.
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Why “Playing the Race Card” Is a Harmful Idiom—and Shouldn’t Deter Employees in Washington State from Seeking Justice
In today’s workplaces, discussions about race and discrimination remain highly sensitive—and sometimes even controversial. Unfortunately, one phrase often used to undermine these conversations is the idiom “playing the race card.” Though it may seem like a casual expression, this phrase carries derogatory connotations and can have a chilling effect on individuals experiencing racial discrimination.
For employees in Washington State facing unfair treatment based on race, it’s essential to understand that seeking legal help is not only your right—it can be a necessary step in protecting yourself and improving workplace equity for everyone.
The Problem with “Playing the Race Card”
At its core, the idiom “playing the race card” implies that someone is opportunistically or manipulatively invoking their race to gain an advantage or excuse poor behavior. This notion casts doubt on the legitimacy of racial discrimination claims and frames the accuser as disingenuous.
This phrase is problematic for several reasons:
1. It Delegitimizes Genuine Concerns: Using this idiom suggests that raising concerns about racism is inherently suspect or dishonest. This mindset undermines the very real, and often well-documented, existence of racial bias in employment decisions such as hiring, promotions, compensation, and termination.
2. It Discourages Reporting: When people fear being accused of “playing the race card,” they may hesitate to come forward with valid claims. This reluctance allows discriminatory practices to persist unchecked.
3. It Perpetuates Systemic Inequality: Framing race-based complaints as exaggerated or attention-seeking minimizes the systemic nature of racism and prevents meaningful dialogue or change.
Know Your Rights in Washington State
Washington State has some of the strongest anti-discrimination laws in the country. Under both state and federal law, it is illegal for an employer to discriminate against an employee or job applicant based on certain protected classes including, but not limited to, race.
If you believe that your employer has treated you unfairly because of your race, you have the right to file a complaint and pursue legal recourse. This may include:
The Washington Law Against Discrimination (WLAD) provides legal protection for workers and allows victims to seek remedies such as reinstatement, back pay, front pay, emotional distress damages, and attorney’s fees.
Why Speaking to an Employment Attorney Matters
Racial discrimination in the workplace is not always blatant. It can take subtle forms—like being passed over for promotions, consistently receiving worse assignments, or enduring offhand remarks that create a hostile environment. An experienced employment attorney can help assess your situation, gather evidence, and advise you on the best path forward.
Crucially, consulting a lawyer sends a clear message: you are not “playing” at anything—you are asserting your legal rights under the law.
Moving Beyond the Stigma
Challenging racial bias isn’t easy, and it often comes with emotional and professional risks. But phrases like “playing the race card” should not be allowed to shame or silence those who have the courage to speak out.
If you’re experiencing discrimination in your workplace, know that your concerns are valid. You don’t have to tolerate unfair treatment, and you’re not alone. Protect your rights. Seek legal guidance. And remember: justice begins with the decision to stand up and be heard.
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Under Washington Superior Court Civil Rules, what is an offer of judgment and how does it encourage settlements during litigation? Here’s my point of view.
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Washington’s CR 68: How an Offer of Judgment Can Shape a Lawsuit
Litigation can be costly, and sometimes the outcome is uncertain. Washington’s Superior Court Civil Rule 68 (CR 68*) gives defendants a tool to manage those risks through what is known as an “offer of judgment.” Understanding this rule can help both attorneys and clients think strategically about settlement. The relevant court rule states as follows:
CR 68
OFFER OF JUDGMENT
At any time more than 10 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against the defending party for the money or property or to the effect specified in the defending party’s offer, with costs then accrued. If within 10 days after the service of the offer the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof and thereupon the court shall enter judgment. An offer not accepted shall be deemed withdrawn and evidence thereof is not admissible except in a proceeding to determine costs. If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after the making of the offer. The fact that an offer is made but not accepted does not preclude a subsequent offer. When the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time not less than 10 days prior to the commencement of hearings to determine the amount or extent of liability.
At least 10 days before trial, a defendant may make a written offer to the plaintiff to resolve the case for a specified amount of money, property, or other relief. If the plaintiff accepts the offer within 10 days, the court will enter judgment on those terms—effectively ending the case.
If the plaintiff rejects the offer and goes to trial, CR 68* raises the stakes: if the final judgment is not more favorable than the offer, the plaintiff must pay the defendant’s costs incurred after the offer was made.
Why It Matters for Plaintiffs
Plaintiffs should carefully weigh an offer of judgment. Turning down an offer that is equal to or greater than what the court ultimately awards can significantly reduce their recovery, because post-offer costs may shift to them.
Why It Matters for Defendants
For defendants, CR 68* provides leverage. Making a reasonable offer forces plaintiffs to assess litigation risk, knowing they could end up worse off if they gamble on trial. It also creates a formal settlement mechanism that can reduce ongoing litigation expenses.
Offers After Liability Is Decided
Even after a court or jury has determined liability but not yet the amount of damages, a defendant may still make an offer of judgment “if it is served within a reasonable time not less than 10 days prior to the commencement of hearings to determine the amount or extent of liability.” This helps streamline disputes where the only question is “how much,” not “who is responsible.”
Key Takeaway
CR 68* is more than just a settlement option—it’s a strategic tool that can shift litigation costs and encourage realistic evaluation of a case. Plaintiffs and defendants alike should approach offers of judgment with careful consideration using the assistance of legal counsel.
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Jury Trial vs. Bench Trial in Washington State Civil Cases: What’s the Difference?
If you’re involved in a civil lawsuit in Washington State, one key decision is who will decide your case—a jury or a judge. Each option has its own process and advantages.
Jury Trial
In a jury trial, six or twelve citizens hear the evidence and decide the outcome. The judge oversees the trial, but the jury decides the facts (e.g., who’s at fault or how much money should be awarded).
Why choose a jury?
-May be more sympathetic to emotional arguments
-Offers a range of viewpoints
-Some parties feel more comfortable being judged by peers
-Historically, juries in some cases have awarded greater damages for emotional distress or punitive damages than judges in bench trials.
Downsides:
-Can be slower and more expensive
-Less predictable than a judge’s ruling
Bench Trial
In a bench trial, there’s no jury—the judge handles everything, including the final decision.
Why choose a judge?
-Quicker and more streamlined
-Often better for technical or complex issues
-More predictable and legally focused
How Do You Choose?
Either side can request a jury, but the request must be timely and usually includes a fee; if no one requests one, the case defaults to a bench trial. SeeCR 38*.
Not sure which is right for your case? A Washington civil attorney can help you weigh the options and protect your best interests.
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Under Washington State Superior Court Civil Rules (hereinafter, “Civil Rule” or “CR”), what are trials by remote means? Here’s my point of view.
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Understanding Trials by Remote Means in Washington State Superior Court: CR 39(d)
Washington State courts continue to adapt to modern technology and the evolving needs of litigants. One example is Civil Rule 39(d)* of the Superior Court Civil Rules*, which addresses how civil trials can proceed remotely—either in part or entirely.
What Is CR 39(d)?
CR 39(d)* allows civil trials to be conducted by remote means, such as videoconferencing, if certain conditions are met. This rule gives parties more flexibility, especially when travel or logistics might otherwise be barriers to participating in court.
Two Paths to a Remote Trial
There are two main ways a trial may proceed remotely under CR 39(d)*:
1. By Agreement (Stipulation):
If all parties agree and the court approves, the trial can take place remotely in whole or in part. In such cases, the technology used must allow all participants—including the judge, attorneys, and witnesses—to see, hear, and speak to each other clearly. Importantly, the court must also ensure that the trial remains open to the public, with full access to video and audio feeds.
2. By Proposal Without Agreement:
If one party requests a remote trial, the court must schedule a hearing at least 30 days before trial (or sooner by mutual agreement) to consider the proposal. If the parties can’t agree, the trial will default to being held in person, although the court may still permit individual parties or attorneys to appear remotely.
Limitations
CR 39(d)* does not apply to jury selection (voir dire) or pretrial proceedings. It also defers to CR 43* on whether witnesses may testify remotely during an in-person trial.
Why It Matters
Remote trials can improve access to justice, reduce costs, and increase scheduling flexibility. However, they also require reliable technology and coordination. Understanding the process outlined in CR 39(d) helps litigants and attorneys make informed decisions about whether a remote trial is right for their case.
If you’re involved in a civil case in Washington State and considering a remote trial, it’s wise to speak with your attorney early in the process to understand your options and the court’s expectations.
LEARN MORE
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IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.
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WASHINGTON LAW AGAINST DISCRIMINATION (WLAD)
The WLAD is a potent statute enacted in 1949, and it covers a broad array of categories, including the following:
Freedom from discrimination—Declaration of civil rights.
RCW 49.60.030(1) (emphasis, paragraph formatting, and hyperlinks added). The WLAD protects, inter alia, employees from the unfair practices of employers.
UNFAIR PRACTICES OF EMPLOYERS
Under the WLAD, certain employers are prohibited from engaging in specific unfair practices in employment. The relevant law states as follows:
(1) To refuse to hire any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification: PROVIDED, That the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved: PROVIDED, That this section shall not be construed to require an employer to establish employment goals or quotas based on sexual orientation.
[DISCRIMINATE IN COMPENSATION OR IN OTHER TERMS/CONDITIONS OF EMPLOYMENT]
(3) To discriminate against any person in compensation or in other terms or conditions of employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability: PROVIDED, That it shall not be an unfair practice for an employer to segregate washrooms or locker facilities on the basis of sex, or to base other terms and conditions of employment on the sex of employees where the commission by regulation or ruling in a particular instance has found the employment practice to be appropriate for the practical realization of equality of opportunity between the sexes.
[STATEMENTS, ADVERTISEMENTS, PUBLICATIONS, APPLICATIONS FOR EMPLOYMENT, INQUIRIES IN CONNECTION WITH PROSPECTIVE EMPLOYMENT]
(4) To print, or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification: PROVIDED, Nothing contained herein shall prohibit advertising in a foreign language.
The WLAD also outlaws certain types of retaliation: “[i]t is an unfair practice for any employer, employment agency, labor union, or other person to discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden by … [the Washington Law Against Discrimination], or because he or she has filed a charge, testified, or assisted in any proceeding under … [the Washington Law Against Discrimination].” RCW 49.60.210. Moreover, “[i]t is an unfair practice for a government agency or government manager or supervisor to retaliate against a whistleblower as defined in chapter 42.40 RCW.” RCW 49.60.210.
NOTE: The foregoing unfair practices are based upon specific protected classes.
DEFINITIONS OF “SERVICE ANIMAL TRAINEE” AND “SERVICE ANIMAL TRAINER”
As established above, the use of a trained dog guide or service animal by a person with a disability is one among a variety of protected classes under the WLAD. Accordingly, the WLAD defines the terms “service animal trainer” and “service animal trainee” as follows:
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).
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Under the Washington State Administrative Code (hereinafter, “WAC”), what does the term “conciliation” mean when pursuing complaints through the Washington State Human Rights Commission (hereinafter, “WSHRC”)? Here’s my point of view.
IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.
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Understanding WAC 162-08-102: The Objective of Conciliation in Washington State Discrimination Law
When an allegation of discrimination arises under Washington’s Law Against Discrimination (WLAD), RCW 49.60*, one of the first tools employed by the Washington State Human Rights Commission (“Commission”) is conciliation. This process—grounded in WAC 162-08-102*—offers both legal professionals and the public insight into how the state prioritizes resolution of disputes in a way that not only halts discriminatory practices but also remedies their lingering effects.
The commission‘s staff in its endeavors to eliminate an unfair practice by conference, conciliation and persuasion under RCW 49.60.250* shall be guided by the purposes of the law against discrimination and by the policies and objectives of the commission, particularly as expressed in WAC 162-08-061*, 162-08-062* and 162-08-298*. Elimination of an unfair practice includes elimination of the effects of the unfair practice, as well as assurance of the discontinuance of the unfair practice.
WAC 162-08-102* (first & second hyperlinks added). This administrative regulation establishes that conciliation is not simply about stopping an unfair practice; it is about eliminating both the discriminatory conduct and its consequences. The regulation instructs the Commission’s staff to approach conciliation guided by:
• The purposes of the WLAD (ensuring equal opportunity and freedom from discrimination).
• The policies and objectives of the Commission, especially those articulated in related provisions:
– WAC 162-08-061* (Relationship of commission to complainant),
– WAC 162-08-062* (Concurrent remedies–Other remedies), and
By linking WAC 162-08-102* to these provisions, the regulation underscores that conciliation is not a mere formality—it is a central mechanism for enforcing civil rights protections in Washington.
What Conciliation Means in Practice
For attorneys representing clients, understanding the scope of conciliation is critical. The process typically involves:
1. Conference and Persuasion – Informal discussions between the Commission, complainant, and respondent to explore resolution.
2. Conciliation Agreements – Negotiated commitments by respondents to both cease the discriminatory conduct and remedy its effects (for example, reinstatement, back pay, or policy changes).
3. Forward-Looking Protections – Ensuring that the respondent adopts practices to prevent recurrence, often through training, monitoring, or systemic reforms.
Unlike private settlement agreements, Commission conciliation carries a public interest dimension: it is designed not just to resolve disputes between parties, but to advance the state’s broader mandate of eradicating discrimination.
Why the Distinction Matters
The language of WAC 162-08-102* makes clear that a successful conciliation must address two distinct goals:
• Stopping the discriminatory practice itself.
• Eliminating its ripple effects. For example, in an employment discrimination case, this could include back wages, seniority adjustments, or workplace reforms that restore the complainant’s position and opportunities.
For practitioners, this means conciliation is not just about negotiating a quick settlement—it is about ensuring structural and remedial relief consistent with the Commission’s objectives.
Implications for Legal Professionals and the Public
For Attorneys: Awareness of conciliation’s dual focus equips counsel to advise clients realistically about potential remedies and obligations. Respondents must be prepared to do more than simply “stop” a practice—they must also correct its consequences.
For the Public: The Commission’s emphasis on conciliation reflects a commitment to fairness. Individuals subjected to discrimination should know that the process aims not only to halt misconduct but also to restore their rights and opportunities.
Conclusion
WAC 162-08-102 reinforces that conciliation is more than compromise—it is corrective justice. By requiring elimination of both the practice and its effects, Washington’s regulatory framework ensures that conciliation serves as a meaningful tool in advancing the WLAD’s mission: a state free from discrimination.
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In Washington State, what are personal work journals and how can they help employees (and former employees) when pursing claims of employment discrimination? Here’s my point of view.
IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.
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Using a Personal Work Journal in Employment Discrimination Cases in Washington State
When pursuing an employment discrimination claim in Washington State, evidence is essential. Employees often find themselves in the difficult position of needing to prove that discriminatory behavior occurred over time, particularly when such behavior may not have been documented by the employer. In these situations, a well-maintained personal work journal can serve as a valuable tool during litigation.
What Is a Personal Work Journal?
A personal work journal is a private record kept by an employee, documenting workplace events, communications, and observations. This might include:
• Dates and details of discriminatory comments or actions
• Notes on who was present during specific incidents
• Descriptions of performance evaluations and changes in responsibilities
• Documentation of complaints made to HR or supervisors
• Recollections of meetings and informal conversations
While these journals are not official company documents, they can play an important role in shaping a narrative and supporting legal claims.
Because discrimination often occurs subtly or gradually, a personal journal can help demonstrate a consistent pattern that may not be apparent in formal HR records. Courts have recognized that contemporaneous notes—made at or near the time of the incidents—can be more credible than recollections made long after the fact.
How a Work Journal Can Support a Case
1. Establishing a Timeline
A journal can help construct a detailed and chronological account of events. This can be useful in showing causation—for example, if an adverse employment action occurred shortly after an employee complained about discrimination.
2. Corroborating Testimony
Notes that were recorded shortly after an event may support the employee’s version of events during depositions or trial. This can bolster the employee’s credibility and fill in gaps left by limited or sanitized employer records.
3. Identifying Witnesses
Journals often reference others who were present during discriminatory incidents. This information may help attorneys locate potential witnesses to support the employee’s claims.
4. Supporting Claims of Pretext
If an employer offers a non-discriminatory reason for an adverse action* (such as poor performance), a journal may provide evidence suggesting the justification was pretextual*—especially if performance was never questioned before a protected activity occurred.
Best Practices for Maintaining a Journal
For a journal to be helpful and admissible, it’s important to maintain it properly:
• Be factual and objective: Avoid speculation or overly emotional language. Focus on who said what, when, and where.
• Date entries accurately: Record events as soon as possible after they occur to preserve accuracy.
• Keep it private: A personal work journal should be maintained outside the workplace and not stored on employer devices or servers.
• Avoid altering entries: Retroactively editing entries can damage credibility. If you need to clarify or correct something, make a new entry and note the change transparently.
Limitations and Considerations
While journals can be helpful, they are not a silver bullet. Courts will weigh the credibility and context of journal entries, and opposing counsel may challenge their authenticity or accuracy. Additionally, if a case proceeds to litigation, the journal may be discoverable, meaning it could be shared with the employer and their legal team.
Employees should also be aware that journal content can be scrutinized. Overly dramatic or inconsistent entries may undercut the case, while consistent and measured notes can enhance credibility.
Conclusion
In employment discrimination cases in Washington State, a personal work journal can be a powerful supplement to other forms of evidence. When maintained properly, it can help employees establish a pattern of discriminatory conduct, support their testimony, and navigate the complex litigation process with more confidence.
For anyone considering legal action based on workplace discrimination, it’s wise to consult an experienced employment attorney early—and to start documenting concerns thoughtfully and consistently.
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Does the United States Equal Employment Opportunity Commission (EEOC) and Washington State Human Rights Commission (WSHRC) enforce pre-litigation settlement caps? Here’s my point of view.
IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.
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Settling Employment Discrimination Claims: EEOC and WSHRC Settlement Caps
People who experience workplace discrimination often have the option to address their claims through federal or state agencies before filing a lawsuit.
NOTE: Individuals pursuing claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Age Discrimination in Employment Act must first exhaust the United States Equal Employment Opportunity Commission’s (EEOCs) administrative prerequisites before filing suit in court — this is mandatory, not optional.
In Washington State, two main agencies that handle these matters are the EEOC and the Washington State Human Rights Commission (WSHRC), which enforces state-level protections. A crucial question for those considering settlement through these agencies is whether any financial limits apply to the amount they can recover. The sections below take a closer look at whether such settlement caps exist in either forum.
1. U.S. Equal Employment Opportunity Commission (EEOC) Settlement Cap
The EEOC* plays a crucial role in handling discrimination claims under federal laws, including Title VII. It investigates claims of discrimination in employment based on race, color, religion, sex (including pregnancy, childbirth, or related conditions, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information
In terms of settlement, the EEOC does not impose a specific dollar cap for settlements that occur during its investigation or conciliation process. Instead, the agency facilitates settlement discussions between the claimant (charging party) and the employer (respondent). The settlement amount is generally determined through negotiation and mutual agreement between both parties, with the goal of resolving the dispute efficiently without proceeding to litigation.
However, there are guidelines that could influence the settlement amount:
Back Pay and Front Pay: Settlements may include financial compensation for lost wages (back pay) or future lost wages (front pay), depending on the circumstances of the case.
Compensatory Damages: Claimants may be eligible for compensatory damages for emotional distress, pain and suffering, and other non-economic losses. These damages are capped depending on the size of the employer’s business, as prescribed by the Civil Rights Act. See Punitive Damages, below.
Punitive Damages: Title VII allows for the recovery of punitive damages in cases of intentional discrimination with malice or reckless indifference. Such recoveries are–similar to compensatory damages–capped depending on the size of the employer’s business.
NOTE: Limits on Compensatory & Punitive Damages. There are limits on the amount of compensatory and punitive damages a person can recover. These limits vary depending on the size of the employer:
• For employers with 15-100 employees, the limit is $50,000.
• For employers with 101-200 employees, the limit is $100,000.
• For employers with 201-500 employees, the limit is $200,000.
• For employers with more than 500 employees, the limit is $300,000.
Attorney’s Fees, Expert Witness Fees, and Court Costs: A victim of discrimination also may be able to recover attorney’s fees, expert witness fees, and court costs.
While the EEOC does not impose a strict cap, settlement amounts in cases that the EEOC resolves are often guided by the circumstances of the claim and the financial situation of the employer.
2. Washington State Human Rights Commission (WSHRC) Settlement Cap
One notable difference, however, is that the WSHRC has specific caps for pain and suffering awards by administrative law judges (ALJ) under the WLAD. The maximum amount of damages that an appointed ALJ can award to an employment-discrimination claimant for humiliation and mental suffering is $20,000. See RCW 49.60.250(5)*. Moreover, based on my previous communications the WSHRC, even if the parties settle the claim before appointment of an ALJ, the maximum settlement amount a claimant can recover for pain and suffering in a WSHRC-administered settlement remains $20,000. This cap is part of the administrative process under the WLAD and applies specifically to settlements facilitated by the WSHRC before arbitration or filing a lawsuit.
That said, claimants who seek settlements beyond this $20,000 cap still have options. They can pursue private settlements outside of the WSHRC administrative process. In these cases, the parties involved may agree to a settlement that exceeds the WSHRC cap. However–based on my experience–the WSHRC will likely require the parties to report any such settlement to the WSHRC if the claims are still under active investigation by the agency. This reporting requirement ensures that the WSHRC is aware of the resolution, even if it falls outside the agency’s prescribed settlement limits.
Conclusion
Both the U.S. EEOC and the WSHRC provide opportunities for claimants to resolve employment discrimination disputes without proceeding to litigation, but the processes differ in key respects. While the EEOC does not impose a specific settlement dollar cap, settlements are guided by the nature of the claim and the employer’s financial capacity. In contrast, the WSHRC does have a cap for pain and suffering settlements, limiting them to $20,000 under the Washington Law Against Discrimination; claimants seeking to exceed this amount may still pursue private settlements, provided they comply with reporting requirements if the WSHRC is involved in the investigation.
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We invite you to read more of our articles related to this topic:
If you would like to learn more, then consider contacting an experienced employment 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.
IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.
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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.
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We invite you to read more of our articles related to this topic:
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.
