LAW OFFICE OF GREGORY A. WILLIAMS

May 16, 2024October 21, 2024

What are the elements of Hostile Work Environment in WA State?

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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FAQ: What are the elements of Hostile Work Environment in WA State?

answer:

Hostile work environment is a form of unlawful employment discrimination in Washington State; it is also known as harassment. Generally, to establish a prima facie case against an employer, the employee must produce competent evidence of each of the following four elements:

(1) that the harassment was offensive and unwelcome;

(2) that it occurred because of the employee’s membership in a protected class;

(3) that it affected the terms and conditions of employment/membership; and

(4) that the harassment can be imputed to the employer.

See, e.g., Glasgow v. Georgia-Pacific Corp.*, 103 Wn.2d 401, 406-07, 693 P.2d 708 (1985).

READ OUR RELATED ARTICLES

» Definition of Prima Facie Case

» Disability-Based Hostile Work Environment

» Hostile Work Environment: Imputing Harassment to Employer

» Hostile Work Environment: Terms or Conditions of Employment

» Hostile Work Environment: The Unwelcome Element

» McDonnel Douglas Burden-Shifting Framework*

» Protected Classes

» Sexual Harassment in the Workplace (WA State)

» The Prima Facie Case: Hostile Work Environment

» Top 3 Hostile Work Environment Issues

» WLAD: Disparate Treatment via Hostile Work Environment

* (NOTE: This is an external link that will take you to our Williams Law Group Blog.)

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May 9, 2024January 11, 2026

Civil Procedure: The CR 26(i) Conference Requirement (WA State)

Under Washington State Superior Court Civil Rules (hereinafter, “CR”), what is the CR 26(i) conference requirement? Here’s my point of view.

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The CR 26(i) Conference Requirement (WA State)

In civil litigation in Washington State, adherence to procedural rules is paramount for the smooth functioning of the legal system and ensuring fairness for all parties involved. One such rule that holds significant importance concerning the discovery process is CR 26(i)*. In this article, I delve into what this rule entails and why it’s crucial for civil attorneys practicing in Washington State to understand and comply with it.

Understanding CR 26(i)

Requirement for Conference of Counsel

CR 26(i)* mandates that before presenting any motion or objection concerning Rules 26 through 37 (Depositions and Discovery) of the Washington State Rules of Superior Court*, counsel for the parties involved must confer with each other. This conference should be arranged at a mutually convenient time and can take place either in person or via telephone.

Good Faith Conferencing

The rule emphasizes the necessity of conducting the conference in good faith. This implies that the parties involved should engage in meaningful discussions aimed at resolving issues or reaching agreements regarding the motion or objection at hand.

Sanctions for Non-Compliance

Should the court determine that counsel for any party has willfully refused or failed to confer in good faith as required by CR 26(i)*, it holds the authority to apply sanctions as outlined under Rule 37(b)*. These sanctions can encompass a range of punitive measures, highlighting the seriousness with which the court views non-compliance with procedural requirements.

Certification Requirement

Importantly, any motion seeking an order to compel discovery or obtain protection must include certification from counsel affirming that the conference requirements of CR 26(i)* have been met. This certification serves as evidence of compliance and ensures transparency in the litigation process.

Importance of Compliance

Compliance with CR 26(i)* is not merely a procedural formality; it serves several crucial purposes:

1. Facilitating Communication

By necessitating conference among counsel, the rule promotes open communication and collaboration between parties. This can often lead to the resolution of disputes without the need for court intervention, thereby saving time and resources.

2. Efficient Case Management

Ensuring that parties engage in pre-motion conferences helps streamline the litigation process. By addressing potential issues early on, the court can better manage its docket and expedite proceedings.

3. Promoting Fairness

The requirement for good-faith conferencing underscores the principle of fairness in litigation. It encourages parties to engage in constructive dialogue and seek mutually acceptable solutions, ultimately promoting equitable outcomes.

4. Enhancing Accountability

The certification requirement adds an extra layer of accountability for counsel, reinforcing the importance of compliance with procedural rules. It acts as a safeguard against frivolous or improper motions, thereby promoting the integrity of the legal process.

Conclusion

In civil litigation in Washington State, adherence to procedural rules like CR 26(i) is indispensable. By mandating pre-motion conferences and ensuring good faith engagement among counsel, this rule serves to foster communication, streamline proceedings, and uphold the principles of fairness and accountability within the legal system. Attorneys practicing in Washington State must familiarize themselves with CR 26(i) and diligently adhere to its requirements to navigate civil litigation successfully. Failure to do so can not only result in sanctions but may also undermine the integrity of the litigation process itself.

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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.

April 25, 2024October 21, 2024

WA State Rule of Civil Procedure CR 16: A Guide for Litigators

Under Washington State Court Rules, how may litigators utilize WA State Rule of Civil Procedure CR 16 (Pretrial Procedure and Formulating Issues)? Here’s my point of view.

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WA State Rule of Civil Procedure CR 16: A Guide for Litigators

In the legal arena, rules and procedures govern every aspect of a case, ensuring fairness and efficiency in the pursuit of justice. Washington State Rule of Civil Procedure CR 16* is one such crucial guideline that sets the stage for the orderly progression of civil litigation. Understanding CR 16 is essential for attorneys and litigants alike to navigate the complexities of the legal process in Washington State courts effectively.

What is CR 16?

CR 16, short for Washington State Rule of Civil Procedure 16, outlines the requirements and procedures for pretrial conferences and the development of a litigation plan. It serves as a roadmap for streamlining the litigation process, promoting early settlement, and ensuring that cases proceed expeditiously through the court system. The court rule states as follows:

CR 16
PRETRIAL PROCEDURE AND FORMULATING ISSUES

(a) Hearing Matters Considered. By order, or on the motion of any party, the court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider:

(1) The simplification of the issues;

(2) The necessity or desirability of amendments to the pleadings;

(3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;

(4) The limitation of the number of expert witnesses;

(5) Such other matters as may aid in the disposition of the action.

(b) Pretrial Order. The court shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of counsel; and such order when entered controls the subsequent course of the action, unless modified at the trial to prevent manifest injustice. The court in its discretion may establish by rule a pretrial calendar on which actions may be placed for consideration as above provided and may either confine the calendar to jury actions or to nonjury actions or extend it to all actions.

CR 16* (emphasis and hyperlink added).

Key Components of CR 16

1. Pretrial Conferences: CR 16 allows–by order, or on the motion of any party–pretrial conferences to facilitate communication between parties and the court during the litigation process. These conferences aim to identify and narrow the issues in dispute, explore opportunities for settlement, and establish a framework for the efficient resolution of the case.

2. Litigation Plan: One of the central features of CR 16 is the formulation of a litigation plan. This plan outlines the parties’ proposed course of action, including simplifying the issues, amendments to the pleadings, the possibility of obtaining admissions of fact and of documents, limiting the number of expert witnesses, and any other pertinent matters essential for the progression of the case. The litigation plan helps parties and the court manage expectations and timelines effectively.

3. Pretrial Orders: The court must issue an order documenting the proceedings of the conference, including any amendments permitted to the pleadings and agreements reached by the parties on relevant matters. The order must delineate the issues remaining for trial, excluding those resolved through admissions or agreements of counsel. Once entered, this order governs the subsequent progression of the case unless modified during the trial to prevent clear injustice. Additionally, the court, at its discretion, may institute a pretrial calendar system for cases to undergo similar consideration. This calendar may be limited to either jury or nonjury cases, or expanded to encompass all types of actions.

Benefits of CR 16

1. Efficiency: By promoting early communication and establishing clear guidelines for case management, CR 16 helps expedite the litigation process, reducing delays and unnecessary expenses for all parties involved.

2. Clarity and Predictability: The requirement to develop a litigation plan provides clarity and predictability regarding the progression of the case, enabling parties to allocate resources more effectively and plan their litigation strategies accordingly.

3. Encouragement of Settlement: Through pretrial conferences and the exploration of settlement options, CR 16 encourages parties to resolve their disputes outside of court, potentially saving time, money, and emotional energy associated with protracted litigation.

4. Judicial Oversight: By empowering the court to actively manage the case through case management orders, CR 16 ensures that proceedings are conducted in a fair and orderly manner, with judicial oversight to address any procedural issues that may arise.

Conclusion

Washington State Rule of Civil Procedure CR 16 plays a vital role in promoting efficiency, fairness, and effective case management in civil litigation. By allowing pretrial conferences, formulating litigation plans, and providing for judicial oversight, CR 16 helps streamline the litigation process and facilitates the early resolution of disputes. Attorneys and litigants should familiarize themselves with CR 16’s requirements to navigate the complexities of civil litigation in Washington State courts successfully.

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March 28, 2024October 21, 2024

Employment Law 101: How to Commence a Civil Legal Action

Under Washington State laws and court rules, how does a plaintiff commence a civil legal action (i.e., civil lawsuit)? Here’s my point of view.

(IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to an external 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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Introduction

In Washington State civil litigation, the commencement of a legal action is a critical step that sets the stage for the entire legal process. Let’s delve into the key aspects of initiating a civil action as outlined in the state’s rules and statutes. NOTE: this article only addresses commencement in Washington State Superior Courts*.

How to Commence a Civil Legal Action

Except as provided in Washington State Superior Court Civil Rules (CR), CR 4.1*, a civil action in Washington State can be commenced in two primary ways:

1. Service of Summons and Complaint:

The action is initiated by serving a copy of a summons along with a copy of the complaint, as outlined in Rule 4* of the state’s legal procedures. This service of documents is a fundamental step in officially notifying the defendant of the legal proceedings against them.

2. Filing a Complaint:

Alternatively, a civil action can also be commenced by directly filing a complaint with the court. This formal submission of the complaint initiates the legal process and sets the case in motion.

See CR 3*.

Timely Response and Filing Fee Requirement

Upon commencing the action, there are specific timelines and requirements that parties must adhere to:

Written Demand for Filing:

If any other party in the case makes a written demand, the plaintiff instituting the action must pay the filing fee and file the summons and complaint within 14 days after service of the demand. Failure to do so renders the service void.

Effect on Statute of Limitations:

It’s important to note that an action is not considered commenced for the purpose of tolling any statute of limitations unless specified otherwise in RCW 4.16.170*. This statute outlines exceptions where the commencement of an action may affect the timeline within which legal actions can be pursued.

Ensuring Legal Compliance and Timely Action

Complying with the rules regarding commencement of civil actions is crucial for all parties involved. It ensures that legal proceedings are initiated in a timely and legally valid manner, preventing potential disputes or challenges regarding the validity of service or commencement.

Conclusion

Initiating a civil action in Washington State involves careful adherence to procedural rules regarding service, filing, and responding to demands. Understanding these rules and timelines is essential for legal practitioners and parties involved in civil litigation, ensuring a smooth and legally compliant commencement of the legal process.

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*NOTE: Links with a single asterisk (*) will take the reader away from our website to an external governmental website.

Read Our Related Articles

We invite you to read more of our articles related to this topic:

» Employment Law 101: Statute of Limitations

» Employment Law 101: The Complaint

» Employment Law 101: The Defendant

» Employment Law 101: The Summons

» Tolling and Commencement Are Reconcilable (WA State)**

» WLAD Statute of Limitations

» WLAD Statute of Limitations: Equitable Tolling

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

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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

March 21, 2024October 21, 2024

Employment Law 101: Affirmative Defense

Under Washington State laws, what is an “affirmative defense” within the context of civil litigation? 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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Definition of Affirmative Defense

In civil litigation under Washington State laws, the concept of affirmative defense plays a crucial role in legal proceedings. An affirmative defense is a legal argument or justification presented by the defendant in response to a plaintiff‘s claim. Unlike a denial or a simple assertion that the plaintiff’s allegations are false, an affirmative defense asserts new facts or legal theories that, if proven, would defeat or mitigate the plaintiff’s claims.

examples

One common example of an affirmative defense is the statute of limitations. This defense asserts that even if the plaintiff’s allegations are true, the claim is barred because it was not brought within the time period specified by law. Other affirmative defenses may include, but are not limited to failure to mitigate damages, assumption of risk, contributory negligence, and duress, among others.

TIMING

In Washington State, it is essential for defendants to raise affirmative defenses promptly during litigation according to court rules. A defendant’s failure to timely do so can lead to the affirmative defense being forfeited and rendered unusable in subsequent stages of the litigation process.

burden of proof

It’s important to note that the burden of proof for an affirmative defense usually falls on the defendant. This means that the defendant must present evidence and convince the court that the affirmative defense applies to the case and should result in a favorable outcome for the defendant.

Conclusion

In summary, an affirmative defense in Washington State civil litigation is a legal argument or justification presented by the defendant to defeat or mitigate the plaintiff’s claims. It introduces new facts or legal theories that, if proven, can provide a legal basis for the defendant’s position in the case. Understanding affirmative defenses is essential for both plaintiffs and defendants in navigating the complexities of civil litigation in Washington State.

READ OUR RELATED ARTICLES

We invite you to read more of our articles related to this topic:

» Affirmative and Negative Defenses

» Employment Law 101: Statute of Limitations

» Employment Law 101: The Defendant

» Employment Law 101: The Plaintiff

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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

March 14, 2024October 21, 2024

The Virtual Law Office (WA State)

Under Washington State laws, rules, and regulations, what is a virtual law office? Here’s my point of view.

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THE VIRTUAL LAW OFFICE (WA STATE)

The Washington State Bar Association (WSBA) recently released an Advisory Opinion concerning the “Ethical Practices of the Virtual or Hybrid Law Office.” Therein, WSBA determined, as follows:

Many lawyers are choosing to do some or all their work remotely, from home or other remote locations. Advances in the reliability and accessibility of on-line resources, cloud computing, video conferencing, and email services have allowed the development of the virtual law office, by which the lawyer does not maintain a physical office. The COVID-19 pandemic accelerated this trend, causing many lawyers to work remotely (virtually), or to split their time between a traditional office and a remote office (a hybrid office)….

Although this modern business model may appear radically different from the traditional brick and mortar law office model, the underlying principles of an ethical law practice remain the same. The core duties of diligence, loyalty, and confidentiality apply whether the office is virtual or physical. For the most part, the Rules of Professional Conduct (RPC) apply no differently in the virtual office context. However, there are areas that raise special considerations in the virtual law office.

WSBA Advisory Opinion 201601 (2022) (internal citation omitted) (emphasis added).

Must in-state attorneys have a physical office address?

In its advisory opinion, the WSBA also addressed whether in-state attorneys are required to have a physical office address by evaluating both its bylaws and Admission to Practice Rules, as follows:

[WSBA BYLAWS]

There is no requirement that WSBA members have a physical office address. Section III(C)(1) of the Bylaws of the Washington State Bar Association (WSBA) requires that each member furnish both a “physical residence address” and a “principal office address.” The physical residential address is used to determine the member’s district for Board of Governors elections. The Bylaws do not require that a principal office address be a physical address….

[WSBA ADMISSION TO PRACTICE RULES]

Similarly, Admission and Practice Rule (APR) 13(b) requires a lawyer to advise the WSBA of a “current mailing address” and to update that address within 10 days of any change. Nothing in that rule indicates the mailing address must be a physical address.

WSBA Advisory Opinion 201601 (emphasis, and hyperlinks added). Thus, the WSBA and its relevant Advisory Opinion do not require attorneys to have a physical office address.

Conclusion

In conclusion, the landscape of legal practice in Washington State has seen a significant evolution with the emergence of virtual law offices, a trend accelerated by the COVID-19 pandemic. The recent Advisory Opinion by the Washington State Bar Association (WSBA) underscores that while the setting may differ from traditional brick-and-mortar establishments, the fundamental ethical principles governing legal practice remain unwavering. Despite the absence of a physical office, attorneys must adhere to core duties of diligence, loyalty, and confidentiality, as outlined in the Rules of Professional Conduct (RPC).

Importantly, the opinion clarifies that in-state attorneys are not mandated to maintain a physical office address, as confirmed by both WSBA Bylaws and Admission to Practice Rules. This recognition signals a progressive shift in the legal profession, accommodating modern realities without compromising ethical standards. As attorneys continue to embrace virtual or hybrid models, this guidance provides clarity and assurance, ensuring a seamless integration of technology and tradition in the pursuit of justice and legal excellence.

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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.

March 7, 2024October 21, 2024

Can lawyers provide clients with financial assistance for lawsuits?

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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FAQs: Can lawyers provide clients with financial assistance for lawsuits?

Can lawyers provide clients with financial assistance for lawsuits?

answer:

In Washington State, a lawyer cannot, “while representing a client in connection with contemplated or pending litigation, advance or guarantee financial assistance to a client, except that:

(1) a lawyer may advance or guarantee the expenses of litigation, including court costs, expenses of investigation, expenses of medical examination, and costs of obtaining and presenting evidence, provided the client remains ultimately liable for such expenses; and

(2) in matters maintained as class actions only, repayment of expenses of litigation may be contingent on the outcome of the matter.

Washington State Court Rules: Rules of Professional Conduct, Rule 1.8(e) (emphasis added).

THE POLICY:

According to the Washington State Rules of Professional Conduct, the policy for this financial-assistance limitation is as follows:

Lawyers may not subsidize lawsuits or administrative proceedings brought on behalf of their clients, including making or guaranteeing loans to their clients for living expenses, because to do so would encourage clients to pursue lawsuits that might not otherwise be brought and because such assistance gives lawyers too great a financial stake in the litigation.

Id. at Rule 1.8 (comment 10) (internal citation omitted).

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February 22, 2024October 21, 2024

Are Compensatory Damages Available Under the WLAD?

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Are Compensatory Damages Available Under the WLAD?

answer:

Actual damages are available under the WLAD pursuant to RCW 49.60.030(2) and are synonymous with compensatory damages; thus, compensatory damages are available under the WLAD.

The 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.

(1) The right to be free from discrimination because of race, creed, color, national origin, citizenship or immigration status, sex, honorably discharged veteran or military status, sexual orientation, 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 is recognized as and declared to be a civil right. This right shall include, but not be limited to:

(a) The right to obtain and hold employment without discrimination;

(b) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;

(c) The right to engage in real estate transactions without discrimination, including discrimination against families with children;

(d) The right to engage in credit transactions without discrimination;

(e) The right to engage in insurance transactions or transactions with health maintenance organizations without discrimination: PROVIDED, That a practice which is not unlawful under RCW 48.30.300, 48.44.220, or 48.46.370 does not constitute an unfair practice for the purposes of this subparagraph;

(f) The right to engage in commerce free from any discriminatory boycotts or blacklists … ; and

(g) The right of a mother to breastfeed her child in any place of public resort, accommodation, assemblage, or amusement.

RCW 49.60.030(1) (emphasis, paragraph formatting, and hyperlinks added). The WLAD offers a wide array of remedies for violations, including but not limited to compensation for actual damages.

WLAD Remedies

“[T]he [Washington] law against discrimination … expressly provides [remedies, as follows]:

Any person deeming himself or herself injured by any act in violation of this chapter 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….”

Martini v. The Boeing Company, 137 Wn.2d 357, 366-67 (Wash. 1999) (citing RCW 49.60.030(2)) (emphasis added). NOTE: RCW 49.60.030(2) “unambiguously states that when any violation of the statute occurs, the person injured shall have a claim for ‘actual damages.'” Martini, 137 Wn.2d at 367.

Actual Damages

“‘Actual damages’ is a [t]erm used to denote the type of damage award as well as the nature of injury for which recovery is allowed; thus, actual damages flowing from injury in fact are to be distinguished from damages which are nominal, exemplary or punitive**.” Id. (citing Rasor v. Retail Credit Co., 87 Wash.2d 516, 554 P.2d 1041, 1049).

“‘Actual damages’ are synonymous with compensatory damages.” Id. (citing Black’s Law Dictionary 35 (6th ed.1990)) (emphasis added). “As the dictionary definition notes, Washington courts have interpreted the term ‘actual damages’ in this manner.” Id. at 367-68 (internal citations omitted).

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**NOTE: This link will take you to our Williams Law Group Blog, an external website.

Compensatory Damages

“Compensatory damages are “[d]amages sufficient in amount to indemnify the injured person for the loss suffered — Often shortened to compensatories.” Black’s Law Dictionary 416 (Deluxe Eighth Edition 2004) (emphasis added). “Indemnify” means “[to] reimburse (another) for a loss suffered because of a third party’s or one’s own act or default.” Id. at 783-84.

Conclusion

Actual damages are available under the WLAD pursuant to RCW 49.60.030(2) and are synonymous with compensatory damages; thus, compensatory damages are available under the WLAD.

READ OUR RELATED ARTICLES

We invite you to read more of our articles related to this topic:

» Employment Law 101: Remedies

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» Significant Differences Between Title VII & WLAD Backpay Provisions**

» WLAD Magic: Front & Back Pay Without Proving Unlawful Discharge**

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**NOTE: This link will take you to our Williams Law Group Blog, an external website.

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February 16, 2024December 4, 2025

WSHRC: Newspapers & Other Advertising Media

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning newspapers and other advertising media? Here’s my point of view.

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A Short Guide to WAC 162-16-280: Anti-Discrimination Rules for Job Ads in Washington State

Washington State’s WAC 162-16-280* outlines how newspapers, online job boards, and other advertising platforms must handle employment advertisements to prevent discrimination. Though brief, the rule plays an important role in shaping fair hiring practices. Below is a concise overview of what the regulation requires and why it matters.

1. No Segregated or Preference-Based Job Ad Headings

The regulation makes it an unfair practice for any advertising medium to publish employment ads under headings that separate or favor applicants based on protected characteristics—such as race, sex, age, disability, sexual orientation, or other statuses protected under Washington law.

Categories like “Jobs for Seniors” or “Women Only” are prohibited unless a bona fide occupational qualification* (BFOQ) legitimately applies. BFOQs are narrow exceptions and must reflect a true, job-related necessity.

2. Ads Showing Preference Must Be Traceable

While discriminatory headings are not allowed, advertising media are not automatically liable if an ad’s language indicates a direct or subtle preference based on protected status. Instead, the media must be able to provide the Washington State Human Rights Commission (WSHRC) with the name and address of the person who submitted the advertisement if the Commission requests it.

This ensures transparency and allows the WSHRC to investigate potential discriminatory practices by advertisers.

3. Encouraged Best Practices for Advertising Platforms

WAC 162-16-280* encourages newspapers and other ad distributors to take proactive steps to reduce discriminatory language in employment ads, including:

• Keeping lists of prohibited or problematic job terms, along with suggested inclusive alternatives.

• Training staff to alert employers when their proposed job titles or descriptions may violate anti-discrimination rules.

• Making copies of the regulation available to advertisers who want guidance.

These measures help employers avoid inadvertent violations and promote consistency in fair advertising standards.

Why This Rule Matters

WAC 162-16-280* positions advertising platforms as frontline partners in preventing discrimination. Since job ads often shape who feels welcome—or excluded—during hiring, compliance with this rule helps ensure equal access to employment opportunities from the very first step.

Key Points for Legal Professionals and Employers

• Review ad headings and titles carefully; discriminatory categories are prohibited.

• Use BFOQs sparingly and document why they’re necessary.

• Ensure advertising partners can identify the source of each job ad.

• Encourage staff or clients to use inclusive, neutral language when drafting job postings.

By setting clear boundaries and encouraging responsible practices, WAC 162-16-280* helps foster a fairer, more inclusive hiring environment across Washington State.

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

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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

February 15, 2024October 21, 2024

The Campbell & Gwinn Framework

Under Washington State canons of statutory construction, what is the Campbell & Gwinn Framework? Here’s my point of view.

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**CANONS OF CONSTRUCTION: THE CAMPBELL & GWINN FRAMEWORK**

A canon of construction is “[a] rule used in construing legal instruments, esp. contracts and statutes.” Black’s Law Dictionary 219 (8th ed. 2004) (emphasis added).

NOTE: “A frequent criticism of the canons [of construction], made forcefully by Professor Llewellyn many years ago, is that for every canon one might bring to bear on a point there is an equal and opposite canon. This is an exaggeration; but what is true is that there is a canon to support every possible result.” Id. (citing Richard A. Posner, The Federal Courts: Crisis and Reform 276 (1985)) (internal quotation marks omitted).

Ambiguous Statutes (WA State)

Washington State courts use the Campbell & Gwinn Framework to inquire whether a statute is ambiguous. See Magney v. Pham, 195 Wash.2d 795, 803, 805, 466 P.3d 1077 (Wash. 2020).

**The Campbell & Gwinn Framework**

Courts apply the Campbell & Gwinn Framework as follows:

(1) DETERMINE the legislative intent OF the STATUTE

When a Washington State court construes “a statute, … [its] goal is to determine and effectuate legislative intent.” Magney, 195 Wash.2d at 803, 466 P.3d 1077 (citing Swinomish Indian Tribal Cmty. v. Dep’t of Ecology, 178 Wash.2d 571, 581, 311 P.3d 6 (2013); Dep’t of Ecology v. Campbell & Gwinn, L.L.C., 146 Wash.2d 1, 9-10, 43 P.3d 4 (2002)) (internal citations omitted) (emphasis added).

(2) EVALUATE the plain and unambiguous language OF the STATUTE

The court will “start with the plain and unambiguous language of a statute.” Id. (citing Campbell & Gwinn, 146 Wash.2d at 9-10, 43 P.3d 4).

(3) if the statute’s meaning is plain on its face, then the court must give effect to that plain meaning

“[I]f the statute’s meaning is plain on its face, then the court must give effect to that plain meaning as an expression of legislative intent.” Id. (citing Campbell & Gwinn, 146 Wash.2d at 9-10, 43 P.3d 4) (alteration in original). “[T]he plain meaning is … derived from what the Legislature has said in its enactments, but that meaning is discerned from all that the Legislature has said in the statute and related statutes which disclose legislative intent about the provision in question.” Id (citing Campbell & Gwinn, 146 Wash.2d at 11, 43 P.3d 4) (alteration in original).

(4) if the statute is ambiguous, then it is appropriate for the court to resort to aids to construction

“[I]f, after this inquiry, the statute remains susceptible to more than one reasonable meaning, the statute is ambiguous and it is appropriate to resort to aids to construction, including legislative history.” Id. (citing Campbell & Gwinn, 146 Wash.2d at 12, 43 P.3d 4) (alteration in original).

Conclusion

Washington State courts use Campbell & Gwinn Framework to inquire whether a statute is ambiguous. If the interpretation of the statute is clear at first glance, the court is obligated to uphold that straightforward interpretation as reflective of the legislature’s intent. Alternatively, if the statute is determined to be ambiguous–meaning, “susceptible to more than one reasonable meaning”–then it is appropriate for the court to resort to aids to construction, including legislative history. See id.

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