LAW OFFICE OF GREGORY A. WILLIAMS

January 8, 2026January 8, 2026

Harmful Employment-Law Idioms: “Playing the Race Card”

Harmful Employment-Law Idioms: "Playing the Race Card"

Why is the idiom “playing the race card” harmful for employment-discrimination victims? 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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Why “Playing the Race Card” Is a Harmful Idiom—and Shouldn’t Deter Employees in Washington State from Seeking Justice

In today’s workplaces, discussions about race and discrimination remain highly sensitive—and sometimes even controversial. Unfortunately, one phrase often used to undermine these conversations is the idiom “playing the race card.” Though it may seem like a casual expression, this phrase carries derogatory connotations and can have a chilling effect on individuals experiencing racial discrimination.

For employees in Washington State facing unfair treatment based on race, it’s essential to understand that seeking legal help is not only your right—it can be a necessary step in protecting yourself and improving workplace equity for everyone.

The Problem with “Playing the Race Card”

At its core, the idiom “playing the race card” implies that someone is opportunistically or manipulatively invoking their race to gain an advantage or excuse poor behavior. This notion casts doubt on the legitimacy of racial discrimination claims and frames the accuser as disingenuous.

This phrase is problematic for several reasons:

1. It Delegitimizes Genuine Concerns: Using this idiom suggests that raising concerns about racism is inherently suspect or dishonest. This mindset undermines the very real, and often well-documented, existence of racial bias in employment decisions such as hiring, promotions, compensation, and termination.

2. It Discourages Reporting: When people fear being accused of “playing the race card,” they may hesitate to come forward with valid claims. This reluctance allows discriminatory practices to persist unchecked.

3. It Perpetuates Systemic Inequality: Framing race-based complaints as exaggerated or attention-seeking minimizes the systemic nature of racism and prevents meaningful dialogue or change.

Know Your Rights in Washington State

Washington State has some of the strongest anti-discrimination laws in the country. Under both state and federal law, it is illegal for an employer to discriminate against an employee or job applicant based on certain protected classes including, but not limited to, race.

If you believe that your employer has treated you unfairly because of your race, you have the right to file a complaint and pursue legal recourse. This may include:

» Unequal pay or benefits

» Disparate impact

» Disparate treatment

» Harassment or hostile work environment

» Wrongful termination or demotion

» Retaliation for reporting discrimination

The Washington Law Against Discrimination (WLAD) provides legal protection for workers and allows victims to seek remedies such as reinstatement, back pay, front pay, emotional distress damages, and attorney’s fees.

Why Speaking to an Employment Attorney Matters

Racial discrimination in the workplace is not always blatant. It can take subtle forms—like being passed over for promotions, consistently receiving worse assignments, or enduring offhand remarks that create a hostile environment. An experienced employment attorney can help assess your situation, gather evidence, and advise you on the best path forward.

Crucially, consulting a lawyer sends a clear message: you are not “playing” at anything—you are asserting your legal rights under the law.

Moving Beyond the Stigma

Challenging racial bias isn’t easy, and it often comes with emotional and professional risks. But phrases like “playing the race card” should not be allowed to shame or silence those who have the courage to speak out.

If you’re experiencing discrimination in your workplace, know that your concerns are valid. You don’t have to tolerate unfair treatment, and you’re not alone. Protect your rights. Seek legal guidance. And remember: justice begins with the decision to stand up and be heard.

READ OUR RELATED ARTICLES

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

» Title VII of the Civil Rights Act of 1964

» What is WA State’s Law Against Employment Discrimination?

LEARN MORE

If you would like to learn more, then consider contacting an experienced employment attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

–gw

January 8, 2026January 8, 2026

WSHRC: Reconsideration of Findings

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

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When Agencies Get a Second Look: Understanding WAC 162-08-101

Administrative agencies make decisions every day that affect real people—patrons, guests, employees, employers, landlords, tenants, and organizations across Washington State. But what happens when an agency discovers that a decision may be based on a mistake?

Washington Administrative Code (WAC) 162-08-101*, titled “Reconsideration of findings,” provides a concise but important answer:

“The commission may reconsider and correct any finding in which errors affecting the result are brought to its attention.”

Id. (emphasis added). Though brief, this provision plays a significant role in ensuring fairness, accuracy, and trust in administrative decision-making by the Washington State Human Rights Commission.

What Is WAC 162-08-101 About?

At its core, WAC 162-08-101* gives the Commission the authority to revisit its own findings when a meaningful error is identified—and when that error could have changed the outcome. This reflects a practical acknowledgment: even careful investigations and decisions can sometimes be affected by mistakes, and there should be a mechanism to fix them.

Key Elements of the Rule

The essential components of the rule follow:

1. “The commission may reconsider”

The word “may” is important. Reconsideration is discretionary, not automatic. The Commission is permitted—but not required—to revisit a finding once an error is raised.

For practitioners, this signals that reconsideration is a request, not a right, and should be supported with clear reasoning and evidence.

2. “and correct any finding”

The focus here is on correction, not punishment or reversal for its own sake. If an error is confirmed, the Commission has the authority to fix the finding to reflect what the result should have been without the mistake.

This promotes administrative efficiency by allowing the agency to self-correct rather than forcing parties into prolonged appeals or litigation.

3. “in which errors affecting the result are brought to its attention”

Not all errors qualify. The rule applies only when:

• An error exists, and

• The error affects the outcome, not merely a minor detail.

For example:

• A typo in a date that has no impact on the analysis likely would not qualify.

• A misinterpretation of evidence, a misapplied legal standard, or omitted key facts that influenced the conclusion likely would.

The burden is on the party raising the issue to clearly explain why the error matters.

KEY IMPLICATIONS

For the General Public

If you are involved in a discrimination complaint or investigation, WAC 162-08-101* offers reassurance that the process is not rigidly final in the face of genuine mistakes. It reflects a commitment to fairness over formality.

For Legal Professionals

For attorneys, advocates, and compliance officers, this provision creates a strategic opportunity:

• It may allow for correction without formal appeal.

• It encourages early identification and documentation of substantive errors.

• It reinforces the importance of precision in administrative records and findings.

What This Rule Does Not Do

Equally important are its limits:

• It does not guarantee reconsideration.

• It does not apply to disagreements over judgment or credibility unless tied to a demonstrable error.

• It does not replace judicial review or statutory appeal rights.

In other words, WAC 162-08-101* is a narrow corrective tool, not a second bite at the apple.

In Summary

WAC 162-08-101* may be only a single sentence long, but it embodies an important principle of administrative justice: accuracy matters, and agencies should be able to correct meaningful mistakes.

For the public, it builds confidence in the system. For legal professionals, it provides a valuable—if carefully constrained—procedural safeguard. In a system built on fairness, the ability to reconsider when it truly counts is not a weakness; it’s a strength.

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

January 1, 2026January 1, 2026

Employment Discrimination Based Upon Cannabis Use (WA State)

Under Washington State law, may employers discrimination against job candidates based on cannabis use? Here’s my point of view.

Washington’s Cannabis Hiring Law: What Employers and Applicants Need to Know

Washington State has taken a distinctive step in aligning employment practices with the legalization of cannabis. RCW 49.44.240*, effective January 1, 2024, limits how employers may use cannabis-related information in initial hiring decisions—while preserving important safety and federal-law exceptions. (NOTE: For purposes of RCW 49.44.240, “‘cannabis’ has the meaning provided in RCW 69.50.101*.”)

The Core Rule

At its heart, the statute makes it unlawful for an employer to refuse to hire someone based solely on either of two things:

1. the applicant’s lawful, off-duty cannabis use away from the workplace; or

2. a preemployment drug test that detects “nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.”

See RCW 49.44.240* (emphasis added). This distinction matters. Nonpsychoactive metabolites can remain in the body long after any intoxicating effects have worn off. The law recognizes that such results say little about an applicant’s current impairment or fitness for work.

Importantly, the protection applies only to initial hiring. The statute does not address discipline or termination of current employees.

What the Law Does Not Do

RCW 49.44.240* is not a blanket ban on drug testing, nor does it require employers to tolerate impairment at work.

Employers may still:

• Use scientifically valid drug tests that do not screen for nonpsychoactive cannabis metabolites (for example, tests designed to detect recent impairment rather than past use);

• Enforce drug- and alcohol-free workplace policies, especially where required by federal law or regulation;

• Conduct post-accident testing or testing based on reasonable suspicion of impairment; and

• Test for controlled substances other than cannabis as permitted by law.

The statute also expressly does not override state or federal laws that mandate testing as a condition of employment, licensing, federal funding, or federal contracts. In addition, employers may require broad-spectrum drug testing through third parties, so long as cannabis results are withheld from the employer and not used in hiring decisions.

Who Is Excluded

The law includes a detailed list of positions to which these protections do not apply. These include roles that implicate public safety, federal oversight, or heightened risk, such as:

(a) A position requiring a federal government background investigation or security clearance;

(b) A position with a general authority Washington law enforcement agency as defined in RCW 10.93.020*;

(c) A position with a fire department, fire protection district, or regional fire protection service authority;

(d) A position as a first responder not included under (b) or (c) of this subsection, including a dispatcher position with a public or private 911 emergency communications system or a position responsible for the provision of emergency medical services;

(e) A position as a corrections officer with a jail, detention facility, or the department of corrections, including any position directly responsible for the custody, safety, and security of persons confined in those facilities;

(f) A position in the airline or aerospace industries; or

(g) A safety sensitive position for which impairment while working presents a substantial risk of death. Such safety sensitive positions must be identified by the employer prior to the applicant’s application for employment.

RCW 49.44.240* (emphasis added). For these jobs, employers may continue to consider cannabis test results in preemployment screening.

Implications

For applicants, RCW 49.44.240* provides reassurance that lawful, off-duty cannabis use—by itself—should not bar access to many jobs in Washington. For employers, the statute requires a careful review of hiring policies, drug-testing methods, and job classifications to ensure compliance.

The takeaway is not that cannabis is irrelevant in the workplace, but that Washington law draws a clear line between past, lawful use and on-the-job safety and impairment. Navigating that line thoughtfully is now a key part of lawful hiring in the state.

LEARN MORE

–gw

December 18, 2025December 18, 2025

Is Washington State an at-will employment state?

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Is Washington State an at-will employment state?

answer:

Washington has been an “at-will” employment state since at least 1928. See Ford v. Trendwest Resorts, Inc., 146 Wn.2d 146, 152, 43 P.3d 1223, (Wash. 2002) (referencing Davidson v. Mackall-Paine Veneer Co., 149 Wash. 685, 688, 271 P. 878 (1928); see also Prescott v. Puget Sound Bridge & Dredging Co., 40 Wash. 354, 357, 82 P. 606 (1905) (Mount, C.J., dissenting) (“where [an employment] contract is general and for an indefinite time, it is terminable at will.”)).

According to the at-will doctrine, “an employer can discharge an at-will employee for no cause, good cause or even cause morally wrong without fear of liability.” See id. (citing Thompson v. St. Regis Paper Co., 102 Wash.2d 219, 226, 685 P.2d 1081 (1984)) (internal quotation marks omitted). “Conversely, in the absence of a contract stating otherwise, an employee has the absolute right to abandon … [their] employment at-will.” See id.

However, there are three recognized exceptions to the general at-will employment doctrine: (1) Statutory; (2) Judicial and; (3) Contractual.

READ OUR RELATED ARTICLES

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

» Constructive Discharge in WA State*

» Effective Date For Constructive Discharge (WA State)

» Retaliatory Discharge (WA State)

» The Prima Facie Case: Discriminatory Discharge

» WA State Torts: Wrongful Termination in Violation of Public Policy*

» What is the Statute of Limitations for Wrongful Termination in WA?

» What Qualifies as Wrongful Termination in Washington?

» WLAD: The Discriminatory Discharge Provision*

NEED HELP?

If you need legal assistance, 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.

December 4, 2025December 4, 2025

Employment Law 101: Statute of Limitations

Under Washington State laws, what is the meaning of “statute of limitations” 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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Introduction: Statute of Limitations

Within the context of Washington State civil litigation, the concept of the statute of limitations serves as an essential thread that weaves together justice, fairness, and practicality. Rooted in the belief that legal actions should be pursued within a reasonable timeframe, the statute of limitations imposes a temporal boundary on the initiation of lawsuits. This legal doctrine aims to strike a delicate balance between the need for timely resolution and the preservation of fundamental fairness. In this article, I will define the term, address its key principles, and discuss exceptions and tolling.

Defining Statute of Limitations

The statute of limitations is a legal principle that dictates the maximum time allowed for a plaintiff to bring a lawsuit or legal action against a defendant. Its primary purpose is to ensure that legal disputes are resolved promptly, avoiding the complications that arise from the passage of time, such as fading memories, lost evidence, and changes in circumstances.

Statutes of limitations can vary depending on the legal theory; to learn about the statute of limitations for employment discrimination claims under the Washington Law Against Discrimination (WLAD), we invite you to read our article entitled: WLAD Statute of Limitations.

Key Principles

1. Preserving Evidence and Witness Testimony:

The statute of limitations acts as a safeguard against the deterioration of evidence and witness testimony over time. It recognizes the inherent challenges of litigating a case where memories may fade, documents may be lost, and witnesses may become unavailable.

2. Promoting Judicial Efficiency:

Efficiency is a cornerstone of the American legal system, and the statute of limitations plays a vital role in achieving this goal. By encouraging prompt legal action, it helps prevent the clogging of court dockets with stale claims, allowing the legal system to focus on resolving current and pressing issues.

3. Balancing Fairness and Finality:

The statute of limitations embodies the principle of fairness by providing a degree of legal certainty for potential defendants. Once the prescribed time limit has passed, individuals and entities can reasonably expect to be free from the threat of litigation related to a particular incident, promoting finality in legal matters.

Exceptions and Tolling

While the statute of limitations is generally rigid, exceptions and tolling provisions exist. These may include circumstances such as the discovery of fraud or the minority of the plaintiff at the time of the incident, which can extend the time frame within which legal action can be initiated. To learn more about tolling the statute of limitations for employment discrimination claims under the WLAD, we invite you to read our article entitled: WLAD Statute of Limitations: Equitable Tolling.

Conclusion

The statute of limitations serves as a guardian of justice, ensuring that legal disputes are resolved in a timely manner while balancing the interests of both plaintiffs and defendants. Understanding the nuances of these temporal boundaries is vital for anyone handling lawsuits or legal actions, highlighting the intricate interplay between fairness, efficiency, and the pursuit of justice within the bounds of time.

Read Our Related Articles

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

» Employment Law 101: Alternative Dispute Resolution

» Employment Law 101: Definition of Pleading

» Employment Law 101: Depositions

» Employment Law 101: Discovery (WA State)

» Employment Law 101: Legal Theory

» Employment Law 101: Mediation

» Employment Law 101: Motions

» Employment Law 101: Remedies

» Employment Law 101: Summary Judgment (WA State)

» Employment Law 101: The Complaint

» Employment Law 101: The Defendant

» Employment Law 101: The Plaintiff

» Employment Law 101: The Summons

LEARN MORE

–gw

November 21, 2025

Constructive Discharge: Discrete & Non-Discrete Acts

Under Washington State law, may a constructive discharge be based on discrete and/or non-discrete acts? 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 external 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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Constructive Discharge: Discrete & Non-Discrete Acts

Constructive discharge occurs when an employer deliberately creates working conditions so intolerable that a reasonable person in the shoes of the employee would feel compelled to resign.

A constructive discharge can be based on a discrete act (which can be discriminatory or retaliatory), and/or non-discrete acts, such as a hostile work environment. Draper v. Coeur Rochester, Inc., 147 F.3d 1104, 1110 (9th Cir. 1998); see also Pennsylvania State Police v. Suder, 542 U.S. 129, 149 (2004) (a hostile-work environment claim is a “lesser included component” of the “graver claim of hostile-environment constructive discharge”).

Conclusion

Under Washington State law, a constructive discharge may be based on discrete and/or non-discrete acts.

need help?

If you need help with your employment issue, then consider a consultation with an experienced employment discrimination attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

-gw

November 13, 2025November 13, 2025

What are the elements of Disparate Treatment in WA State?

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FAQ: What are the elements of Disparate Treatment in WA State?

answer:

The elements of a Disparate Treatment claim in WA State require an employee-plaintiff to show:

a) Plaintiff is a member of one or more protected classes;

b) Plaintiff suffered a tangible adverse employment action;

c) The action occurred under circumstances that raise a reasonable inference of unlawful discrimination; and

d) Plaintiff was doing satisfactory work.

See Marin v. King County*, 194 Wn.App. 795, 808-09 (Wash.App. Div. 1 2016), review denied, 186 Wash.2d 1028, 385 P.3d 124 (Table) (Wash. 2016).

WASHINGTON LAW AGAINST DISCRIMINATION (WLAD) — DISPARATE TREATMENT — Generally

Under the WLAD, disparate treatment is a form of discrimination that “occurs when an employer treats some people less favorably than others because of race, color, religion, sex, [disability], [age], or other protected status.” Alonso v. Qwest Communications Company*, LLC, 178 Wn.App. 734, 743 (Div. 2 2013) (citing Hegwine v. Longview Fibre Co., 162 Wn.2d 340, 354 n. 7, 172 P.3d 688 (2007)) (hyperlinks added).

THE “ADVERSE EMPLOYMENT ACTION” ELEMENT

Adverse employment action “means ‘a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.'” Id.* at 808 (citing Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 761, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998)).

THE “REASONABLE INFERENCE OF UNLAWFUL DISCRIMINATION” ELEMENT

Employment-discrimination plaintiffs often establish this element by using similarly situated, nonprotected co-workers for comparison. Such “[s]imilarly situated employees must have the same supervisor, be subject to the same standards, and have engaged in the same conduct.” Id.* at 810 (citing Kirby v. City of Tacoma, 124 Wn.App. 454, 475 n.16, 98 P.3d 827 (2004); see also Clark v. Runyon, 218 F.3d 915, 918 (8th Cir. 2000)).

ELEMENTS ARE NOT ABSOLUTE But VARY BASED ON RELEVANT FACTS

“The elements of a prima facie case for disparate treatment based on protected status are not absolute but vary based on the relevant facts.” Marin*, 194 Wn.App. at 808 (citing Grimwood v. Univ. of Puget Sound, Inc., 110 Wn.2d 355, 362-63, 753 P.2d 517 (1988)).

WLAD REMEDIES

Victims of discrimination in violation of the WLAD may seek generous remedies. “Any person deeming himself or herself injured by any act in violation of … [the Washington Law Against Discrimination] shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys’ fees or any other appropriate remedy authorized by this chapter* or the United States Civil Rights Act of 1964* as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601* et seq.).” RCW 49.60.030(2)*.

Read Our Related Articles

» Definition of Prima Facie Case*

» Disparate Treatment: A Closer Look*

» Disparate Treatment: Bona Fide Occupational Qualification*

» Disparate Treatment vs. Disparate Impact Discrimination*

» Disparate Treatment via Hostile Work Environment*

» Disparate Treatment: Pretext by Comparison

» McDonnell Douglas Framework (Step 1): The Prima Facie Case*

» Prima Facie Case: The Replacement Element*

» The Prima Facie Case: Disparate Treatment

» The Prima Facie Case: Disparate Treatment via Direct Evidence

» Top 3 Reasons Disparate Treatment Claims Fail

» WLAD: Disparate Treatment via Hostile Work Environment

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

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November 6, 2025March 26, 2026

Employment Law 101: Protected Classes

Under Washington State laws, what are “protected classes” within the context of employment discrimination? Here’s my point of view.

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INTRODUCTION: PROTECTED CLASSES (WA STATE)

Washington State has comprehensive employment-discrimination laws to shield workers from unjust treatment rooted in specific attributes. An integral facet of these legal provisions is the acknowledgment of “protected classes.” This article will enumerate the protected classes within the employment-rights framework of the Washington Law Against Discrimination.

I. The Washington Law Against Discrimination: EMPLOYMENT

The Washington Law Against Discrimination (“WLAD”) is a potent statute enacted in 1949, and it covers a broad array of categories including, but not limited to employment, as follows:

Freedom from discrimination—Declaration of civil rights.

(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;

…

RCW 49.60.030(1)(a) (emphasis, paragraph formatting, and hyperlinks added). The WLAD protects, inter alia, employees from the unfair practices of employers.

II. Unfair Practices of Employers: generally

Under the WLAD, certain employers are prohibited from engaging in specific unfair practices in employment. The relevant law states as follows:

It is an unfair practice for any employer:

[Refuse To Hire]

(1) To refuse to hire any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification: PROVIDED, That the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved: PROVIDED, That this section shall not be construed to require an employer to establish employment goals or quotas based on sexual orientation.

[Discharge or Bar From Employment]

(2) To discharge or bar any person from employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.

[Discriminate in Compensation or in Other Terms/Conditions of Employment]

(3) To discriminate against any person in compensation or in other terms or conditions of employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability: PROVIDED, That it shall not be an unfair practice for an employer to segregate washrooms or locker facilities on the basis of sex, or to base other terms and conditions of employment on the sex of employees where the commission by regulation or ruling in a particular instance has found the employment practice to be appropriate for the practical realization of equality of opportunity between the sexes.

[Statements, Advertisements, Publications, Applications for Employment, Inquiries in Connection With Prospective Employment]

(4) To print, or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification: PROVIDED, Nothing contained herein shall prohibit advertising in a foreign language.

RCW 49.60.180 (emphasis and hyperlinks added).

III. unfair practices of employers: filing or participating in a disrimination complaint (UNLAWFUL RETALIATION)

The WLAD also outlaws certain types of retaliation: “[i]t is an unfair practice for any employer, employment agency, labor union, or other person to discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden by … [the Washington Law Against Discrimination], or because he or she has filed a charge, testified, or assisted in any proceeding under … [the Washington Law Against Discrimination].” RCW 49.60.210. Moreover, “[i]t is an unfair practice for a government agency or government manager or supervisor to retaliate against a whistleblower as defined in chapter 42.40 RCW.” RCW 49.60.210.

NOTE: The foregoing unfair practices are based upon specific protected classes.

IV. Defining Protected Classes

Protected classes encompass groups of individuals shielded from discrimination under governmental statutes. Washington State explicitly delineates these classes under the WLAD, recognizing various categories within, inter alia, the realm of employment, including the following:

→ Age (40+)
→ Citizenship/Immigration Status
→ Creed;
→ Filing or Participating in an Employment Discrimination Complaint
→ HIV or Hepatitis C Status;
→ Honorably Discharged Veteran or Military Status;
→ Marital Status;
→ National Origin;
→ Presence of any sensory, mental, or physical Actual Disability or Perceived Disability;
→ Race / Color;
→ Sex (including pregnancy);
→ Sexual Orientation, including Gender Identity;
→ State-Employee or Health-Care Whistleblower Status;
→ Use of a Trained Dog Guide or Service Animal.

v. WLAD remedies

Victims of discrimination in violation of the WLAD may seek generous remedies. “Any person deeming himself or herself injured by any act in violation of … [the Washington Law Against Discrimination] shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys’ fees or any other appropriate remedy authorized by this chapter or the United States Civil Rights Act of 1964 as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.).” RCW 49.60.030(2).

Conclusion

In conclusion, the exploration of protected classes within Washington State’s employment discrimination laws highlights the state’s commitment to fostering a workplace environment rooted in equality and fairness. The Washington Law Against Discrimination (WLAD), a robust statute enacted in 1949, serves as a powerful safeguard against unjust treatment based on specific attributes.

In essence, the WLAD stands as a cornerstone in Washington State’s pursuit of equal opportunities, reinforcing the principles of fairness, justice, and non-discrimination in employment. As we navigate the complexities of the modern workplace, understanding and upholding the rights of protected classes are crucial steps towards creating a truly inclusive and equitable work environment in the Evergreen State.

READ OUR RELATED ARTICLES

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

» Employment Law 101: Legal Theory

LEARN MORE

–gw

November 6, 2025November 6, 2025

Can you prove employment discrimination without direct evidence?

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Can you prove employment discrimination without direct evidence?

answer:

Yes, plaintiffs can prove employment discrimination without direct evidence. 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).

Accordingly, the McDonnell Douglas burden-shifting test provides an alternative way for plaintiffs to establish a prima facie case of employment discrimination using indirect, circumstantial evidence instead of direct evidence.

The McDonnell Douglas Burden-Shifting Framework

The McDonnell Douglas burden-shifting framework* has three steps:

STEP 1*: The “plaintiff bears the initial burden of establishing a prima facie case of discrimination, which creates a presumption of discrimination.” Scrivener v. Clark College*, 181 Wn.2d 439, 446, 334 P.3d 541, (2014) (citing Riehl v. Foodmaker, Inc., 152 Wn.2d 138, 149-50; Kastanis v. Educ. Emps. Credit Union, 122 Wn.2d 483, 490, 859 P.2d 26, 865 P.2d 507 (1993)) (internal citations and quotation marks omitted) (emphasis & hyperlink added).

STEP 2*: “[T]he burden shifts to the defendant, who must articulate a legitimate, nondiscriminatory reason* for the adverse employment action.” Mikkelsen v. Public Utility District No. 1 of Kittitas County*, 189 Wn.2d 516, 527 (Wash. 2017) (internal citations and quotation marks omitted) (emphasis & hyperlink added).

STEP 3*: “[I]f the defendant meets this burden, the plaintiff must produce sufficient evidence showing that the defendant’s alleged nondiscriminatory reason for the adverse employment action was a pretext*.” Id.* (internal citations omitted) (emphasis & hyperlink added).

Read Our Related Articles

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

»McDonnell Douglas Framework (Step 1): The Prima Facie Case*

»McDonnell Douglas Framework (Step 2): The Employer’s Burden*

»McDonnell Douglas Framework (Step 3): Proving Pretext*

»Proving Discrimination: The Direct-Evidence Method

»The McDonnell Douglas Burden Shifting Framework*

»The Pretext Element: Self-Evaluations*

»The Pretext Element: Six Limitations*

»The Pretext Element: Two Methods of Proof*

»Using Circumstantial Evidence to Prove Employment Discrimination

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

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November 6, 2025December 4, 2025

WSHRC: Termination of Case Without Findings of Fact

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning termination of a case without findings of fact? Here’s my point of view.

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Understanding WAC 162-08-099*: When the Washington State Human Rights Commission May End a Case Without Findings of Fact

The Washington State Human Rights Commission (WSHRC) is responsible for enforcing the state’s anti-discrimination laws under RCW 49.60*, also known as the Washington Law Against Discrimination (WLAD). Typically, once a complaint is filed, the Commission investigates and—if warranted—issues findings of fact to determine whether an unfair practice occurred. However, WAC 162-08-099* outlines circumstances in which the Commission may terminate a case before reaching findings of fact.

1. Voluntary Withdrawal of a Complaint

If the complainant requests to withdraw their complaint and the Commission consents (as described in WAC 162-08-091), no findings or further formal procedures are required. This allows individuals to end their case voluntarily without a full investigation or determination.

2. Settlement Before Findings (Prefinding Settlement)

In many cases, disputes are resolved through settlement agreements before the Commission completes its investigation. When the Commission’s staff and a respondent have entered into a written settlement agreement (i.e., a prefinding settlement), the agreement is presented to the commissioners for approval.

• The Commission must vote to accept the agreement before it becomes binding.

• Once approved, the Commission issues an order formalizing the settlement.

• “A prefinding settlement is not binding on the commission until the commissioners vote to accept it and issue their order.” WAC 162-08-099(3)*.

This procedure encourages early resolution while maintaining the Commission’s oversight role to ensure fairness and compliance with the law. NOTE: This process does not apply to a complaint alleging an unfair practice in a real estate transaction.

3. Administrative Closure

The Commission may also administratively close a case without findings when certain practical or procedural circumstances arise, such as:

• The complaint has been resolved informally or adjudicated elsewhere,

• The issue has become moot,

• The complainant or respondent cannot be located, or

• Other factors make further investigation impossible or unnecessary.

Administrative closure is an official action that halts further work on a complaint, though the Commission retains the authority to reopen the case later if circumstances change.

Implications

For both complainants and respondents, understanding WAC 162-08-099* clarifies that not every case will move through the full fact-finding process. Early settlement, voluntary withdrawal, or administrative closure can end a complaint efficiently while preserving fairness and procedural integrity.

In short, this rule gives the Human Rights Commission the flexibility to manage its caseload responsibly while ensuring that every case receives appropriate consideration under Washington’s anti-discrimination laws.

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: Agency Contact Information–Public Records Officer

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Relationship of Commission to Complainant

» WSHRC: Withdrawal of Complaint

LEARN MORE

–gw