The Rundown

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Religious Affiliation Disclosure

Religious Affiliation Disclosure

Under the Washington Law Against Discrimination (WLAD), RCW 49.60, may an employer require religious affiliation disclosure by employees? Here’s my point of view.

(IMPORTANT: 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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WLAD: RELIGIOUS AFFILIATION DISCLOSURE (RCW 49.60.208)

The relevant law can be found under RCW 49.60.208, and it states as follows:

Unfair practice—Religious affiliation disclosure.

It is an unfair practice for an employer to:

(1) Require an employee to disclose his or her sincerely held religious affiliation or beliefs, unless the disclosure is for the purpose of providing a religious accommodation at the request of the employee; or

(2) Require or authorize an employee to disclose information about the religious affiliation of another employee, unless the individual whose religious affiliation will be disclosed

(a) expressly consents to the disclosure, and

(b) has knowledge of the purpose for the disclosure.

Id. (emphasis and hyperlinks added).

EXCEPTION — RELIGIOUS ACCOMMODATION

Under this exception, an employer may require an employee to disclose their “sincerely held religious affiliation or beliefs” if it is for the purpose of providing an employee-requested religious accommodation. Read more about this topic by viewing our article: Failure to Accommodate Religious Practices.

EXCEPTION — BOTH EXPRESS CONSENT AND KNOWLEDGE OF PURPOSE

Under an additional exception, an employer may either authorize or require an employee (“Revealing Employee”) to reveal information about another employee’s (“Subject Employee’s”) religious affiliation if the Subject Employee both expressly consents to the disclosure and has knowledge of the reason for the revelation.

REMEDIES

Under the WLAD, “[a]ny 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

» Failure to Accommodate Religious Practices

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.

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Suing Local Government: The Tort-Claim Filing Statute

Suing Local Government: The Tort-Claim Filing Statute
Suing Local Government: The Tort-Claim Filing Statute

Under Washington State laws, what are the requirements of the tort-claim filing statute when pursuing claims against local government? 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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SUING LOCAL GOVERNMENT — TORTIOUS CONDUCT OF LOCAL GOVERNMENT ENTITIES AND THEIR AGENTS

In Washington State, the process and requirements for individuals to initiate legal proceedings against local (as opposed to state) government entities or their subdivisions are dictated by RCW 4.96*, known as the “Actions Against Political Subdivisions, Municipal and Quasi-Municipal Corporations” statute — or, simply, the “local government tort claim filing statute.”

This legislation details the procedures for filing claims against political subdivisions and municipal bodies–such as counties, cities, towns, special districts, municipal corporations as defined in RCW 39.50.010*, quasi-municipal corporations, any joint municipal utility services authorities, any entities created by public agencies under RCW 39.34.030*, or public hospitals–ensuring that these actions are handled with transparency and fairness while safeguarding public entities from excessive legal challenges.

THE RELEVANT LAW — RCW 4.96.010

The relevant law states as follows:

RCW 4.96.010
Tortious conduct of local governmental entities—Liability for damages.

(1) All local governmental entities, whether acting in a governmental or proprietary capacity, shall be liable for damages arising out of their tortious conduct, or the tortious conduct of their past or present officers, employees, or volunteers while performing or in good faith purporting to perform their official duties, to the same extent as if they were a private person or corporation. Filing a claim for damages within the time allowed by law shall be a condition precedent to the commencement of any action claiming damages. The laws specifying the content for such claims shall be liberally construed so that substantial compliance therewith will be deemed satisfactory.

(2) Unless the context clearly requires otherwise, for the purposes of this chapter, “local governmental entity” means a county, city, town, special district, municipal corporation as defined in RCW 39.50.010*, quasi-municipal corporation, any joint municipal utility services authority, any entity created by public agencies under RCW 39.34.030*, or public hospital.

(3) For the purposes of this chapter, “volunteer” is defined according to RCW 51.12.035*.

RCW 4.96.010* (emphasis and hyperlinks added).

Presentment and filing requirements — RCW 4.96.020

The associated “Presentment and Filing” section (RCW 4.96.020*)  outlines the following procedures for filing claims for damages against local governmental entities, their officers, employees, or volunteers acting in an official capacity, specifically in cases involving tortious conduct.

1. Applicability of the Law — RCW 4.96.020(1)-(2)*:

The provisions apply to all claims for damages against local governmental entities and their officials. The governing body of each entity must appoint an agent to receive claims for damages, and this agent’s identity and contact information must be recorded with the county auditor.

2. Claim Presentment — RCW 4.96.020(2)*:

Claims must be submitted to the designated agent within the applicable statute of limitations. Claims are considered presented when they are delivered in person or “received by the agent by regular mail, registered mail, or certified mail, with return receipt requested, to the agent or other person designated to accept delivery at the agent’s office.” Id. If a local government entity fails to meet these requirements, it forfeits the right to raise certain defenses.

3. Claim Form Requirements — RCW 4.96.020(3)(a)-(b)*:

Starting from July 26, 2009, claims must be filed using a standard tort claim form, which is available on the Department of Enterprise Services’ (Office of Risk Management) website, except as allowed under (c) of this subsection.. The form must include:

(a) The claimant’s name, contact information, and date of birth.

(b) A description of the incident, injury, and the circumstances surrounding it.

(c) Details such as the time and place of the incident, names of involved individuals, and the amount of damages claimed.

(d) The claimant’s current residence at the time the claim arose and when the claim is presented.

The claim must be signed by the claimant or their authorized representative.

4. Availability of Forms and Instructions — RCW 4.96.020(3)(c), (e)*:

Local entities are required to make the standard form and instructions available and the name, address, and business hours of the agent of the local governmental entity.

“If a local governmental entity chooses to also make available its own tort claim form in lieu of the standard tort claim form, the form:

(i) May require additional information beyond what is specified under this section, but the local governmental entity may not deny a claim because of the claimant’s failure to provide that additional information[.]

(ii) Must not require the claimant’s social security number; and

(iii) Must include instructions on how the form is to be presented and the name, address, and business hours of the agent of the local governmental entity appointed to receive the claim.

RCW 4.96.020(c)*. “Presenting either the standard tort claim form or the local government tort claim form satisfies the requirements of this chapter*.” RCW 4.96.020(e)* (hyperlink added).

5. Waiver for Incorrect Forms — RCW 4.96.020(3)(d)*:

If the local entity’s form does not comply with the requirements or lists the wrong agent, the entity waives any defense related to those issues, including improper claim presentation or missing information.

6. Damages Statement — RCW 4.96.020(3)(f)*:

The amount of damages specified on the claim form is not admissible at trial.

7. Waiting Period Before Filing Suit — RCW 4.96.020(4)*:

A claimant cannot file a lawsuit for tortious conduct against any local governmental entity, or against any local governmental entity’s officers, employees, or volunteers, acting in such capacity, until at least 60 calendar days after properly presenting the claim to the agent. During this 60-day period, the statute of limitations for filing a lawsuit is tolled (i.e., suspended). If a lawsuit is filed within five court days after this period, it is considered to have been filed on the first day after the 60-day waiting period.

8. Liberal Construction — RCW 4.96.020(5)*:

“With respect to the content of claims under this section and all procedural requirements in this section, this section must be liberally construed so that substantial compliance will be deemed satisfactory.” Id.

CONCLUSION

In Washington State, the local government tort-claim filing statute (i.e., RCW 4.96*) provides a structured process for filing tort claims against local governments in Washington State, with clear instructions regarding the necessary forms, deadlines, and requirements. It emphasizes a liberal approach to compliance to ensure that valid claims are not dismissed due to minor procedural issues.

READ OUR RELATED ARTICLES

» The Local Government Tort-Claim Filing Statute: Guiding Policies

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.

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Employment Law 101: Definition of Circumstantial Evidence (WA State)

Employment Law 101: Definition of Circumstantial Evidence (WA State)
DEFINITION OF CIRCUMSTANTIAL EVIDENCE

Under Washington State laws, what is the definition of circumstantial evidence? 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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CIRCUMSTANTIAL EVIDENCE (WA STATE)

The concept of circumstantial evidence plays an important role in establishing claims and defenses in workplace disputes. While many people are familiar with direct evidence–such as eyewitness testimony or a signed contract–circumstantial evidence can often be just as important in shaping the outcome of a case. In the context of Washington State employment law, understanding what circumstantial evidence is and how it is applied can be essential for both employers and employees navigating disputes.

general definition

Circumstantial evidence is defined as follows:

1. Evidence based on inference and not on personal knowledge or observation. — Also termed indirect evidence; oblique evidence. … 2. All evidence that is not given by eyewitness testimony.

Black’s Law Dictionary 595 (Deluxe 8th ed. 2004) (hyperlink added). Thus, circumstantial evidence refers to evidence that indirectly supports a fact or conclusion by inferring its existence from other facts or circumstances. Unlike direct evidence, which provides straightforward proof of a claim (e.g., a video recording of an event), circumstantial evidence relies on a chain of inferences that help establish a fact or raise a presumption about an event or situation.

circumstantial evidence in employment law

In Washington State, as in many other jurisdictions, circumstantial evidence is commonly used in employment law cases to support claims of wrongful termination, discrimination, retaliation, and other workplace-related issues. In the absence of direct evidence, circumstantial evidence can be pivotal in proving or disproving an employer‘s or employee‘s allegations.

example

For example, in cases of alleged wrongful termination, an employee might not have direct evidence (such as a text message explicitly stating the basis for termination) but can offer circumstantial evidence in support of their claim. This could include evidence such as a history of discriminatory comments, a pattern of different treatment between employees of different races, or the timing of the termination shortly after the employee filed a discrimination complaint — NOTE: these are only a few examples of circumstantial evidence that do not exhaust all possibilities or protected classes.

READ MORE

We invite you to read more of our related blog articles:

» Proving Discrimination: The Direct-Evidence Method

» The McDonnell Douglas Burden-Shifting Framework*

» Using Circumstantial Evidence to Prove Employment Discrimination

NEED HELP?

If you need legal help, then consider contacting an experienced employment attorney to discuss your case; our law office litigates claims under the Washington Law Against Discrimination, Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. 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.

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WSHRC: Failure to Provide Information

WSHRC: Failure to Provide Information

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning failure to provide information? 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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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.

RELATED ARTICLES

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

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Proving Discrimination: The Direct-Evidence Method

Proving Discrimination: The Direct-Evidence Method

Under Washington State laws, what is the direct-evidence method (hereinafter, “Direct-Evidence Method”) of establishing a prima facie case 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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EMPLOYMENT DISCRIMINATION — THE PRIMA FACIE CASE (2 OPTIONS)

In Washington State, “[a] plaintiff can establish a prima facie case [of employment discrimination] by either[:]

[1.] offering direct evidence of an employer’s discriminatory intent, or …

[2.] satisfying the McDonnell Douglas burden-shifting test* that gives rise to an inference of discrimination.

Alonso v. Qwest Communications Company, LLC*, 178 Wn.App 734, 743-44 (Div. 2 2013) (citing Kastanis v. Educ. Emps. Credit Union, 122 Wn.2d 483, 491, 859 P.2d 26, 865 P.2d 507 (1993)) (emphasis, paragraph formatting, and hyperlinks added).

THE DIRECT-EVIDENCE METHOD

The Direct-Evidence Method has two elements. “[A] plaintiff can establish a prima facie case by providing direct evidence that[:]

(1) the defendant employer acted with a discriminatory motive and

(2) the discriminatory motivation was a significant or substantial factor in an employment decision.

Id.* at 744 (citing Kastanis, 122 Wn.2d at 491) (paragraph formatting, hyperlink, and emphasis added).

THE 2ND ELEMENT:  DISCRIMINATORY MOTIVATION WAS SIGNIFICANT/SUBSTANTIAL FACTOR

To satisfy the second element of the Direct-Evidence Method, the plaintiff–employee “must … [establish that] the discriminatory motive was a significant or substantial factor in an employment decision relating to … [plaintiff].” Id.* at 746 (referencing Kastanis, 122 Wn.2d at 491). This can be done by identifying associated adverse employment actions.

ADVERSE EMPLOYMENT ACTION

“An adverse employment action involves a change in employment conditions that is more than an inconvenience or alteration of one’s job responsibilities, such as reducing an employee’s workload and pay.” Id.* (citing Campbell v. State, 129 Wn.App. 10, 22, 118 P.3d 888 (2005), review denied, 157 Wn.2d 1002 (2006)). “A demotion or adverse transfer, or a hostile work environment, may also amount to an adverse employment action.” Id.* (citing Kirby v. City of Tacoma, 124 Wn.App. 454, 465, 98 P.3d 827 (2004), review denied, 154 Wn.2d 1007 (2005)) (hyperlink added).

EMPLOYER’S DISCRIMINATORY REMARKS GENERALLY CONSIDERED DIRECT EVIDENCE

Washington Courts “generally consider an employer’s discriminatory remarks to be direct evidence of discrimination.” Id.* (referencing Johnson v. Express Rent & Own, Inc., 113 Wn.App. 858, 862-63, 56 P.3d 567 (2002) (“reversing summary judgment based on supervisor’s ageist comments that plaintiff did not fit company’s image of a youthful, fit, ‘GQ’ looking mold”)).

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.

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WSHRC: Agency Contact Information–Public Records Officer

WSHRC: Agency Contact Information--Public Records Officer

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning both the agency contact information and public records officer? 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 162-04-032: How to Contact the Washington Human Rights Commission for Public Records

Washington’s Public Records Act* (PRA) is designed to ensure government transparency, and the Washington State Human Rights Commission follows specific rules to make that transparency meaningful. WAC 162-04-032* explains how the public can contact the WSHRC for records and outlines the agency’s responsibilities in handling those requests. Whether you are a member of the public, an attorney, or a professional working with civil rights matters, understanding these procedures helps ensure efficient access to information.

Clear Contact Pathways

The rule begins by identifying where the Human Rights Commission’s central office is located in Olympia:

711 S. Capitol Way, Ste. 402
P.O. Box 42490
Olympia, Washington 98504

See WAC 162-04-032(1)*. This physical address matters for individuals who prefer or need to submit requests by mail or in person. The regulation then designates a public records officer, the point person responsible for overseeing compliance with the PRA. However, the HRC emphasizes flexibility—other staff members may assist or process requests. For this reason, the rule uses the term “public records officer or designee.”

Duties of the Public Records Officer

The public records officer or designee plays a crucial role in open government. Their responsibilities include:

•  Providing full assistance to individuals making requests;

•  Maintaining an index of public records when required;

•  Protecting records from damage or disorganization; and

•  Ensuring that responding to requests does not significantly disrupt the agency’s core civil rights enforcement work.

These directives help balance the PRA’s broad access rights with the agency’s need to continue investigating discrimination complaints and enforcing Washington’s civil rights laws.

How to Request Records

WAC 162-04-032* also provides detailed instructions for requesting records*. “Any person wishing to request access to public records of the human rights commission, or seeking assistance in making such a request should contact the public records officer designee of the human rights commission:

Records Analyst
Human Rights Commission
711 S. Capitol Way, Ste. 402
P.O. Box 42490
Olympia, WA 98504-2490
360-359-4925
360-586-2282
records@hum.wa.gov

Information is also available at the human rights commission’s website at www.hum.wa.gov*.

WAC 162-04-032(3)*.

Request Forms Available

To streamline the process, the HRC offers a standardized public records request form. See https://www.hum.wa.gov/about-us/public-records-requests*. This form is available by contacting the public records officer’s designee directly or by downloading it from the agency’s website*. While the PRA does not require a specific form, using the Commission’s form helps ensure the request includes all information necessary for timely processing.

RELATED ARTICLES

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

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Definition of Quid Pro Quo Sexual Harassment

Definition of Quid Pro Quo Sexual Harassment

Under Washington State laws, what is the definition of quid pro quo sexual harassment? 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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SEXUAL HARASSMENT (WA STATE)

“Sexual harassment claims have frequently been categorized as either ‘hostile work environment‘ or ‘quid pro quo harassment‘ in both state and federal courts.” Henningsen v. Worldcom, 102 Wn. App. 828, 835-36, 9 P.3d 948 (Div. I 2000) (hyperlink added) (internal citations omitted). Washington State courts continue to acknowledge quid pro quo as distinct from hostile work environment sexual harassment; this article will address solely quid pro quo harassment.

QUID PRO QUO SEXUAL HARASSMENT — DEFINED

Generally, quid pro quo sexual harassment is defined as follows:

Sexual harassment in which the satisfaction of a sexual demand is used as the basis of an employment decision. • This type of harassment might occur, for example, if a boss fired or demoted an employee who refused to go on a date with the boss.

Black’s Law Dictionary 1407 (Deluxe 8th ed. 2004) (internal citations omitted).

HOSTILE WORK ENVIRONMENT VS. QUID PRO QUO SEXUAL HARASSMENT — WA STATE

Hostile Work Environment

“In the typical hostile work environment case, an employee seeks damages from an employer for being subjected to unwelcome sexual harassment at work that ‘affected the terms or conditions of employment[.]'” Henningsen, 102 Wn. App. at 836 (hyperlinks added) (alteration in original) (internal citation omitted).

Quid Pro Quo

“In the typical quid pro quo harassment case, an employee seeks damages from an employer for a supervisor or employer’s extortion or attempted extortion of sexual favors in exchange for a job benefit or the absence of a job detriment.” Id. (hyperlinks added) (internal citation omitted).

READ MORE

We invite you to read more of our related blog articles:

» Definition of Sex (WLAD)

» Sexual Harassment in the Workplace

» Sexual Harassment Policy Requirements for Specific WA Employers

» The Silenced No More Act (WA State)*

(*NOTE: The link will take the reader to our Williams Law Group Blog, an external website.)

NEED HELP?

If you need legal help, then consider contacting an experienced employment attorney to discuss your case; our law office litigates claims under the Washington Law Against Discrimination, Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. 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.

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How Lawyers Utilize Deductive and Inductive Reasoning

How Lawyers Utilize Deductive and Inductive Reasoning

How do lawyers utilize deductive and inductive reasoning in the practice of law? 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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DEDUCTIVE AND INDUCTIVE REASONING

Logic is an indispensable tool for lawyers in the practice of law. Deductive and inductive reasoning are forms of logic. Both forms must comply with strict principles of validity.

DEDUCTIVE REASONING (general to specific)

Deductive reasoning is a way of thinking that starts with a general statement or idea and works its way down to a specific conclusion. In simple terms, it’s like using a rule to figure out something particular. For example, if you know that all dogs are mammals (general rule/idea) and you see an animal that is a dog (specific case), you can conclude that this animal is a mammal.

Lawyers use deductive reasoning every day. They take the facts of a case and apply the law to those facts. Here’s how it works:

1.  General Principle (Law): A law or rule that applies to a situation. For instance, “Anyone who steals can be charged with theft.”

2.  Specific Facts (Case Details): The details of the case, like “John was caught taking something from a store without paying.”

3.  Conclusion: By applying the law to the facts, a lawyer can conclude that John has ostensibly broken the law and may face theft charges.

INDUCTIVE REASONING (specific to general)

Lawyers are problem-solvers, and another tool they often use is inductive reasoning. This type of reasoning allows them to make decisions and form conclusions based on specific facts or examples.

Inductive reasoning is when a lawyer looks at a few specific facts or observations and then uses them to form a general conclusion. For example, if a lawyer sees that certain evidence has helped win several similar cases, they may decide it could help in their current case too.

Inductive reasoning is crucial for lawyers because it helps them make decisions based on real-life examples and facts. By recognizing patterns and drawing conclusions, lawyers can create better strategies, strengthen their arguments, and even anticipate challenges during a case.

CONCLUSION

Deductive reasoning is an essential tool for lawyers. It helps them think logically, structure their arguments, and present their case in a way that’s easy for judges and juries to understand. By applying the law to the facts of a case, lawyers can draw conclusions that support their argument, making it easier to win cases and ensure justice is served. Whether they are defending a client or prosecuting a crime, deductive reasoning is the key to turning the law into real-world outcomes.

In the practice of law, inductive reasoning is also a valuable tool. It helps lawyers build strong arguments by examining facts, analyzing patterns, and predicting outcomes. By using inductive reasoning, lawyers can make smarter decisions and more effectively represent their clients.

Read Our Related Articles

» Law & Logic: Ad Hominem

» Law & Logic: Affirming the Consequent

» Law & Logic: Argument from Incredulity

» Law & Logic: Argumentum Ad Antiquitam (Appeal to Tradition)

» Law & Logic: Argumentum Ad Baculum (Appeal to Force)

» Law & Logic: Argumentum Ad Ignorantium (Appeal to Ignorance)

» Law & Logic: Argumentum Ad Populum

» Law & Logic: Argumentum Ad Vercundiam (Appeal to Authority)

» Law & Logic: Complex Question (False Dilemma)

» Law & Logic: Confirmation Bias & Sunk Cost Fallacy

» Law & Logic: Conjunction Fallacy

» Law & Logic: Cum Hoc Ergo Propter Hoc (False Cause)

» Law & Logic: Fallacy of the Inverse (Denying the Antecedent)

» Law & Logic: Halo Effect and Gambler’s Fallacy

» Law & Logic: Ignoratio Elenchi (Irrelevant Conclusion)

» Law & Logic: Petitio Principii (Circular Reasoning)

» Law & Logic: Proper Reasoning (Valid Logic)

» Law & Logic: Single Cause Fallacy (Complex Cause)

» Law & Logic: The False Compromise

» Law & Logic: The Straw Man Fallacy

need help?

If you need legal help, then consider contacting an experienced employment attorney to discuss your case; our law office litigates claims under the Washington Law Against Discrimination, Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. 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.

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Sexual Harassment Policy Requirements for Specific WA Employers

Sexual Harassment Policy Requirements for Specific WA Employers

Under the Washington Law Against Discrimination, RCW 49.60, what are the sexual harassment and assault policy requirements for hotel, motel, retailer, and security guard entities, and property services contractors? 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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WA State’s Sexual Harassment and Assault Policy Requirements for Specific WA State Employers — Hotel, Motel, Retail, or Security Guard Entity, and Property Services Contractors

Washington State has long been at the forefront of promoting workplace equality and safety. One of the key provisions in this regard is RCW 49.60.515*, a statute within the Washington Law Against Discrimination (WLAD), which imposes specific responsibilities on the following employers–who employ an employee–to combat sexual harassment and assault:

» Hotel, Motel, Retail, and Security Guard Entities; and

» Property Services Contractors.

This provision aims to create safer work environments in sectors that may face heightened risks of such behaviors. Below is a breakdown of the law’s requirements and its impact on employers and employees.

1. Adopting a Sexual Harassment Policy (RCW 49.60.515(1)(a))

Under the law, every employer in the specified sectors is required to adopt a comprehensive sexual harassment policy. This policy must explicitly address how sexual harassment will be prevented, identified, and responded to in the workplace. The inclusion of this policy is an essential step in setting clear standards of behavior and ensuring that employees are aware of their rights and responsibilities.

For employers, having a well-defined sexual harassment policy provides guidance on what constitutes inappropriate behavior and how to handle complaints. This policy serves as a preventative measure and a tool for addressing complaints effectively when they arise.

2. Mandatory Training for Employees and Management (RCW 49.60.515(1)(b))

One of the core requirements of this provision is the mandatory training for managers, supervisors, and employees. The training aims to:

•  Prevent sexual assault and sexual harassment in the workplace

•  Prevent sexual discrimination

•  Educate employees about protections for those who report violations of state or federal laws, rules, or regulations

The training sessions ensure that employees at all levels are aware of the importance of maintaining a respectful and safe work environment. By providing this education, employers can foster a culture of accountability and respect. Additionally, the inclusion of protections for whistleblowers is essential for encouraging employees to report violations without fear of retaliation.

3. Resources for Employees (RCW 49.60.515(1)(c))

In addition to training, employers are required to provide their workforce with a list of resources for those who may experience or witness sexual harassment or assault. At a minimum, this resource list must include contact information for:

•  The Equal Employment Opportunity Commission (EEOC)

•  The Washington State Human Rights Commission (WSHRC)

•  Local advocacy groups focused on preventing sexual harassment and sexual assault

These resources are critical for providing employees with the support and guidance they need to address harassment issues, report incidents, or seek external help if necessary.

4. Panic Buttons for Employees (RCW 49.60.515(1)(d))

In an effort to further enhance the safety of workers in potentially vulnerable situations, the statute mandates that employers in the specified industries provide a panic button to each employee. This panic button is a critical tool for immediate assistance in emergencies, allowing workers to quickly signal for help if they feel threatened or are in danger of harassment or assault.

For employers with fewer than 50 employees, the Washington State Department of Labor and Industries* (L&I) is tasked with providing additional guidance on how this requirement will be applied. This provision does not extend to contracted security guard companies licensed under chapter 18.170* RCW, which have separate regulations in place.

5. Reporting and Documentation Requirements for Property Services Contractors (RCW 49.60.515(2))

Property services contractors, including janitorial companies, must adhere to specific reporting requirements. These include submitting the following information to the L&I:

•  The date when the sexual harassment policy was adopted

•  The number of managers, supervisors, and employees who have completed the mandated training

•  The physical address of each work location where janitorial services are performed, along with details about the workforce and hours worked

These reporting measures ensure that contractors are in compliance with the law and provide valuable data for oversight. This information will be made available in aggregate form to the public, allowing for transparency and accountability.

6. Why This Law Matters

RCW 49.60.515* is designed to address specific vulnerabilities in industries where workers may be at higher risk of harassment or assault, such as hotels, motels, and retail spaces. By instituting preventive measures such as training, panic buttons, and clear policies, the law works to ensure that employees have the tools and protections needed to maintain a safe workplace.

Moreover, the law helps reinforce a broader commitment to workplace equality and safety in Washington State, which aligns with national efforts to curb sexual harassment and assault in the workplace.

7. the statutory provision — rcw 49.60.515

The relevant WLAD statutory provision states as follows:

RCW 49.60.515
Sexual harassment and assault policy—Adoption of by hotel, motel, retail, or security guard entity, or property services contractors—Requirements.

(1) Every hotel, motel, retail, or security guard entity, or property services contractor, who employs an employee, must:

(a) Adopt a sexual harassment policy;

(b) Provide mandatory training to the employer’s managers, supervisors, and employees to:

(i) Prevent sexual assault and sexual harassment in the workplace;

(ii) Prevent sexual discrimination in the workplace; and

(iii) Educate the employer’s workforce regarding protection for employees who report violations of a state or federal law, rule, or regulation;

(c) Provide a list of resources for the employer’s employees to utilize. At a minimum, the resources must include contact information of the equal employment opportunity commission, the Washington state human rights commission, and local advocacy groups focused on preventing sexual harassment and sexual assault; and

(d) Provide a panic button to each employee. The department must publish advice and guidance for employers with fifty or fewer employees relating to this subsection (1)(d). This subsection (1)(d) does not apply to contracted security guard companies licensed under chapter 18.170* RCW.

(2)(a) A property services contractor shall submit the following to the department on a form or in a manner determined by the department:

(i) The date of adoption of the sexual harassment policy required in subsection (1)(a) of this section;

(ii) The number of managers, supervisors, and employees trained as required by subsection (1)(b) of this section; and

(iii) The physical address of the work location or locations at which janitorial services are provided by workers of the property services contractor, and for each location: (A) The total number of workers or contractors of the property services contractor who perform janitorial services; and (B) the total hours worked.

(b) The department must make aggregate data submitted as required in this subsection (2) available upon request.

(c) The department may adopt rules to implement this subsection (2).

(3) For the purposes of this section:

(a) “Department” means the department of labor and industries.

(b) “Employee” means an individual who spends a majority of her or his working hours alone, or whose primary work responsibility involves working without another coworker present, and who is employed by an employer as a janitor, security guard, hotel or motel housekeeper, or room service attendant.

(c) “Employer” means any person, association, partnership, property services contractor, or public or private corporation, whether for-profit or not, who employs one or more persons.

(d) “Panic button” means an emergency contact device carried by an employee by which the employee may summon immediate on-scene assistance from another worker, a security guard, or a representative of the employer.

(e) “Property services contractor” means any person or entity that employs workers: (i) To perform labor for another person to provide commercial janitorial services; or (ii) on behalf of an employer to provide commercial janitorial services. “Property services contractor” does not mean the employment security department or individuals who perform labor under an agreement for exchanging their own labor or services with each other, provided the work is performed on land owned or leased by the individuals.

(f) “Security guard” means an individual who is principally employed as, or typically referred to as, a security officer or guard, regardless of whether the individual is employed by a private security company or a single employer or whether the individual is required to be licensed under chapter 18.170* RCW.

(4)(a) Hotels and motels with sixty or more rooms must meet the requirements of this section by January 1, 2020.

(b) All other employers identified in subsection (1) of this section must meet the requirements of this section by January 1, 2021.

RCW 49.60.515* (emphasis added).

Conclusion

The implementation of RCW 49.60.515 represents a significant step forward in ensuring that employers in high-risk industries take proactive measures to prevent sexual harassment and assault. By requiring sexual harassment policies, training, resources, panic buttons, and regular reporting, this law aims to create safer, more equitable work environments across Washington State. Employers in the specified sectors must familiarize themselves with these requirements to ensure compliance and to create a culture of safety and respect within their organizations. For employees, this law serves as an important safeguard, providing them with the resources and support necessary to navigate and report harassment if it arises.

READ MORE

We invite you to read more of our related blog articles:

» Definition of Sex (WLAD)

» Sexual Harassment in the Workplace

» The Silenced No More Act (WA State)*

(*NOTE: The link will take the reader to our Williams Law Group Blog, an external website.)

NEED HELP?

If you need legal help, then consider contacting an experienced employment attorney to discuss your case; our law office litigates claims under the Washington Law Against Discrimination, Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. 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.

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WSHRC: Voluntary Dismissal

WSHRC: Voluntary Dismissal

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning a party’s voluntary dismissal? 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 Voluntary Dismissal Under WAC 162-08-268

In Washington State, parties involved in discrimination cases before the Washington State Human Rights Commission (WSHRC) sometimes choose to withdraw their claims or end their participation in an administrative proceeding. WAC 162-08-268*, titled Voluntary Dismissal, outlines how and when a party may do so—and what legal consequences follow.

1. Dismissal Before the Hearing

Before a hearing begins, the Commission or any party supporting the complaint (hereinafter, “complainant”) may voluntarily dismiss their case or specific claims by filing and serving written notice. See WAC 162-08-268(1)*. This step effectively withdraws those issues from consideration. See id. The only exception applies to cases involving alleged unfair practices in real estate transactions, which are governed by separate rules. See id.

2. Dismissal After the Hearing Has Started

Once a hearing has commenced, the Commission or a complainant may move for voluntary dismissal of the complainant’s case or claim(s) therein; thus, a formal motion is required. See WAC 162-08-268(2)*. If the motion is made before the complainant finishes presenting its opening case, the administrative law judge (ALJ) must grant the dismissal as a matter of right. See id. However, if the motion is made after the complainant has rested, dismissal is discretionary—the ALJ may allow it only for “good cause” and may impose appropriate terms or conditions. See id.

Again, the only exception applies to cases involving alleged unfair practices in real estate transactions, which are governed by separate rules. See id.

3. Legal Effect of a Voluntary Dismissal

Importantly, a voluntary dismissal does not decide the case on the merits. See WAC 162-08-268(2)*. It merely ends the administrative proceeding for the dismissed claim or complainant. See id. The dismissed complainant may still pursue their claims in another forum—such as superior court—if permitted by law and filed within the required time limits. See id.

A dismissal of one claim does not affect any remaining claims, and one complainant’s dismissal does not automatically remove other complainants from the case. See id. However, if the Commission takes a voluntary dismissal of the case in support of the complaint the entire case is closed—”unless the complainant has appeared independently under WAC 162-08-261* or another party has intervened on the complainant’s side pursuant to WAC 162-08-288(4)*, in which circumstance the hearing shall proceed with the remaining parties.” Id.

4. iMPLICATIONS

For complainants and counsel, WAC 162-08-268* provides flexibility to reassess strategy mid-process. Whether to dismiss depends on procedural posture, alternative remedies, and timing. Because dismissal is not a ruling on the merits, parties who wish to pursue their claims in court can generally do so—so long as they act promptly and within statutory deadlines.

RELATED ARTICLES

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