LAW OFFICE OF GREGORY A. WILLIAMS

June 20, 2026June 25, 2026

Discrimination Because of Marital Status (WSHRC)

Under the Washington State Human Rights Commission regulations, what is the rule concerning discrimination because of marital status? 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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THE WASHINGTON STATE HUMAN RIGHTS COMMISSION

Created by the Washington State Legislature in 1949, the Washington State Human Rights Commission (WSHRC) is a key state agency tasked with both administering and enforcing the Washington Law Against Discrimination (WLAD). See Washington State Human Rights Commission Website, https://www.hum.wa.gov/about-us* (last visited August 21, 2024). Its “mission … is to eliminate and prevent discrimination in Washington State through the fair application of the law, efficient use of resources, and establishment of productive partnerships in the community.” Id.

DISCRIMINATION BECAUSE OF MARITAL STATUS

WSHRC regulations are contained under Title 162 WAC* (WAC is the acronym for Washington Administrative Code). The general rule concerning discrimination because of marital status is found therein, as follows:

WAC 162-16-250
Discrimination because of marital status.

(1) General rule. It is an unfair practice to discriminate against an employee or job applicant because of marital status. Examples of unfair practices include, but are not limited to:

(a) Refusing to hire a single or divorced applicant because of a presumption that “married persons are more stable.”

(b) Refusing to promote a married employee because of a presumption that he or she “will be less willing to work late and travel.”

WAC 162-16-250(1)* (hyperlinks and paragraph formatting added).

EXCEPTIONS TO THE RULE

There are exceptions to the general rule, as follows:

WAC 162-16-250
Discrimination because of marital status.

…

(2) Exceptions to the rule. There are narrow exceptions to the rule that an employer, employment agency, labor union, or other person may not discriminate on the basis of marital status:

(a) If a bona fide occupational qualification applies (please see WAC 162-16-240*).

(b) If an employer is enforcing a documented conflict of interest policy limiting employment opportunities on the basis of marital status:

(i) Where one spouse would have the authority or practical power to supervise, appoint, remove, or discipline the other;

(ii) Where one spouse would be responsible for auditing the work of the other;

(iii) Where other circumstances exist which would place the spouses in a situation of actual or reasonably foreseeable conflict between the employer’s interest and their own; or

(iv) Where, in order to avoid the reality or appearance of improper influence or favor, or to protect its confidentiality, the employer must limit the employment of close relatives of policy level officers of customers, competitors, regulatory agencies, or others with whom the employer deals.

WAC 162-16-250(2)* (hyperlinks and paragraph formatting added).

WLAD REMEDIES

Victims of discrimination in violation of the WLAD may seek generous remedies. “Any person deeming himself or herself injured by any act in violation of … [the WLAD] 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 Commission (WLAD)

» Definition of Marital Status (WLAD)

» Remedies for Breach of Conciliation Agreements*

» The Intersection of WSHRC and EEOC*

» The Washington State Human Rights Commission*

» WA State Human Rights Commission Complaints

» WA State Human Rights Commission: Functions, Powers, Duties

» WA State Human Rights Commission: Damages for Humiliation & Suffering*

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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.

June 18, 2026August 20, 2026

Law & Logic: Proper Reasoning (Valid Logic)

Under the rules of logic, what is proper reasoning (valid logic) as applied in the legal profession? 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*, an official governmental website, or a well-recognized organization. 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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Thinking Like a Logician: Why Proper Reasoning Is a Trial Lawyer’s Greatest Asset in Employment Discrimination Cases

More Than Evidence: The Need for Sound Reasoning

Most lawyers appreciate the importance of evidence. Fewer spend much time thinking about the process by which evidence becomes a persuasive argument.

That process is reasoning.

Every trial, whether it concerns a contract dispute, a criminal charge, or an employment discrimination claim, ultimately asks decision-makers to answer a simple question: What conclusion should we draw from the facts?

Logic provides the framework for answering that question. It is the discipline that separates a justified conclusion from a mere assumption.

For employment discrimination lawyers, understanding logic is particularly important because these cases often revolve around inferences about human motivation. Rarely does an employer announce, “We fired this employee because of her age,” or, “We denied this promotion because of race.” Instead, lawyers and jurors must determine what conclusions can reasonably be drawn from the surrounding circumstances.

What is Valid logic?

Logic examines the process by which conclusions are drawn from established propositions. Every argument contains a set of underlying propositions and an ultimate conclusion. The propositions supply the basis for the argument; the conclusion is the position the argument is intended to support.

An argument is considered logically valid when the conclusion is warranted by the propositions on which it rests. In other words, assuming the underlying propositions are true, the conclusion follows from them as a matter of rational inference. Logical validity therefore concerns the soundness of the reasoning process rather than the independent truth or falsity of the propositions themselves.

video Example: PROPER REASONING (Valid Logic)

What Makes Reasoning “Valid”?

At its most basic level, logic examines whether a conclusion is supported by the reasons offered in its favor.

Imagine a lawyer arguing:

• The employee was terminated.
• The employee is over forty years old.
• Therefore, the termination was motivated by age discrimination.

Something is missing.

The conclusion does not naturally emerge from those two facts alone. Additional information is needed before the argument becomes persuasive. Perhaps younger employees with similar records were retained. Perhaps supervisors repeatedly referenced the employee’s age. Perhaps company policies were ignored during the termination process.

The lesson is straightforward: a conclusion should not exceed what the evidence can reasonably support.

Valid reasoning requires a connection between facts and conclusions. Without that connection, an argument becomes speculation.

Facts Are Not Conclusions

One of the easiest mistakes to make in litigation is to confuse evidence with the interpretation of evidence.

Suppose a manager repeatedly refers to an employee as “old school” and jokes about retirement. Those comments are facts if they are established by testimony or documents.

But the statement, “The manager was biased against older workers,” is a conclusion drawn from those facts.

The distinction matters.

Lawyers often persuade juries not by uncovering new facts, but by helping jurors understand why certain conclusions logically follow from the facts already in evidence.

A skilled advocate recognizes the difference between proving a fact and proving what that fact means.

Connecting the Dots Without Guessing

Jurors are routinely asked to connect dots. The challenge is determining whether the dots genuinely form a picture or whether someone is drawing lines that do not belong there.

For example, consider the following sequence:

• An employee reports discrimination.
• The employee receives a negative evaluation shortly afterward.
• The employee is terminated a month later.

Those events may suggest retaliation. But they do not automatically establish retaliation.

The logical inquiry is whether the sequence of events, viewed alongside all other evidence, makes retaliation a reasonable explanation.

Good reasoning does not require certainty. It requires justification.

In the courtroom, lawyers should be able to explain not only what happened, but why a particular interpretation of events is more convincing than competing explanations.

Common Breakdowns in Legal Reasoning

Treating Suspicion as Proof

Certain facts naturally raise questions. Sudden changes in treatment, inconsistent explanations, and unusual timing can all create suspicion.

Suspicion, however, is not the same as proof.

A logical argument uses suspicious circumstances as a starting point for analysis, not as the final destination.

Starting With the Answer

Another frequent error occurs when someone begins with a conclusion and then works backward.

For example:

“The employer discriminated because the decision was discriminatory.”

This type of argument sounds persuasive until examined closely. It offers no independent reason for believing the conclusion.

Proper reasoning works in the opposite direction. It begins with evidence and proceeds toward a conclusion.

Ignoring Alternative Explanations

Strong arguments survive scrutiny because they account for competing possibilities.

If an employer asserts that a termination resulted from poor performance, a plaintiff’s lawyer should not simply dismiss that explanation. The better approach is to examine whether the evidence actually supports it.

Were performance concerns documented? Were other employees treated differently? Did the explanation change over time?

Logic becomes stronger when it confronts alternative explanations rather than pretending they do not exist.

Why Employment Cases Depend So Heavily on Logic

Many areas of law involve tangible events. A contract was signed or it was not. A payment was made or it was not.

Employment discrimination cases often focus on something less visible: intent.

Intent cannot usually be placed on an exhibit board.

Instead, intent must be inferred from behavior, statements, patterns, and circumstances. This makes logical reasoning indispensable.

Jurors are frequently asked to decide whether a particular employment decision resulted from legitimate business considerations, unlawful bias, retaliation, or some combination of factors. The answer often depends on which explanation best fits the evidence as a whole.

In that sense, employment trials are exercises in reasoned judgment.

The Lawyer as a Guide to Reasoning

The most effective trial lawyers do more than present facts. They teach jurors how to think about those facts.

They identify the critical evidence, explain the significance of that evidence, and show how individual pieces fit together into a coherent conclusion.

Importantly, they avoid overstating what the evidence proves. Jurors tend to trust advocates who acknowledge complexity while providing a logical path through it.

A lawyer who respects the principles of sound reasoning is better positioned to build credibility, whether representing an employee or an employer.

Conclusion

Logic is sometimes viewed as an abstract academic subject, far removed from the realities of litigation. In truth, it lies at the heart of every trial.

Employment discrimination cases provide a particularly clear example. Because direct evidence of unlawful motive is often unavailable, lawyers must rely on careful reasoning to bridge the gap between facts and conclusions.

The central question is not whether a particular story is emotionally appealing. The central question is whether the conclusion being urged follows logically from the evidence presented.

When trial lawyers remain focused on that principle, they not only become more persuasive advocates—they help ensure that verdicts rest on reason rather than assumption.

Read Our Related Articles

» How Lawyers Utilize Deductive and Inductive Reasoning

» Law & Logic: Ad Hominem

» 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: Confirmation Bias & Sunk Cost Fallacy

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

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

» Law & Logic: Ignoratio Elenchi (Irrelevant Conclusion)

» Law & Logic: Petitio Principii (Circular Reasoning)

» Law & Logic: The False Compromise

» Law & Logic: The Straw Man Fallacy

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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

June 13, 2026June 18, 2026

WSHRC: Investigation

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

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Understanding WAC 162-08-094: A Simple Explanation of the Investigation Process for Discrimination Complaints in Washington State

If you’ve ever filed or responded to a WSHRC discrimination complaint, it’s helpful to understand how that agency handles investigations. Washington Administrative Code (WAC) 162-08-094 outlines key steps in this process. The relevant provision states as follows:

WAC 162-08-094
Investigation.

(1) Copy of complaint to respondent. Except as may be provided for complaints alleging an unfair practice in a real estate transaction, within a reasonably prompt time after a complaint is filed the staff shall furnish a copy of the complaint to the respondent and shall afford the respondent an opportunity to reply in writing. No error or omission in carrying out this step shall affect the validity of the complaint or prevent further processing of it.

(2) Preliminary evaluation of complaint. Whenever the allegations of the complaint, if true, show no basis for commission action, then the staff without further investigation may enter a finding of no reasonable cause or write a recommendation for a finding of no jurisdiction, or other appropriate disposition.

(3) Scope of investigation. The investigation is limited to ascertaining the facts concerning the unfair practice(s) alleged in the complaint. RCW 49.60.240.

WAC 162-08-094*. Here’s a plain-language overview to help you understand what this rule means.

Step 1: Notifying the Respondent

Once a discrimination complaint is filed—except in cases involving real estate—the person or organization being accused (called the respondent) will receive a copy of the complaint. The Commission will also give them a chance to respond in writing. Even if there’s a delay or error in this notification, it doesn’t invalidate the complaint or stop the investigation from moving forward.

Step 2: Early Review of the Complaint

Before launching a full investigation, the Commission takes a preliminary look at the complaint. If, even assuming the allegations are true, there’s no legal basis for the Commission to act, they may decide to:

• Dismiss the complaint (finding “no reasonable cause”),

• Recommend that the Commission doesn’t have jurisdiction (authority),

• Or suggest another appropriate outcome.

This step helps ensure that only valid complaints move forward.

Step 3: Focused Fact-Finding

If the complaint proceeds, the investigation will focus solely on the facts related to the specific unfair practice alleged. This means investigators won’t go on a broad search—they’ll stick to what’s directly relevant to the complaint, as required by state law (RCW 49.60.240*).

In Summary

This rule outlines how the Washington State Human Rights Commission manages the early stages of a discrimination complaint. It ensures that both parties are informed and treated fairly, starting with notification, followed by a careful review to determine if the complaint has legal grounds, and ending with a fact-based investigation focused on the specific issues raised. Understanding this process helps everyone involved know their rights and what steps may come next.

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: Procedure When None Is Specified

» 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

June 12, 2026June 18, 2026

What is constructive termination in WA State?

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What is constructive termination in WA State?

answer:

In WA State, a constructive termination (or discharge) arises “where an employer deliberately makes an employee‘s working conditions intolerable, thereby forcing the employee to resign.” Sneed v. Barna, 80 Wash. App. 843, 849-50, 912 P.2d 1035, review denied, 129 Wash.2d 1023, 919 P.2d 600 (1996) (internal citations and quotation marks omitted) (emphasis added).

Depending on the circumstances of each case, a constructive discharge might support a viable legal theory of employment discrimination under the Washington Law Against Discrimination (WLAD) and/or Title VII of the Civil Rights Act of 1964 (and associated federal laws).

THE TERM “DELIBERATELY”

The term “deliberately” entails a deliberate act or a pattern of conduct “of the employer creating the intolerable condition, without regard to the employer’s mental state as to the resulting consequence.” Sneed, 80 Wash.App. at 849-50; Barnett v. Sequim Valley Ranch, LLC, 174 Wn.App. 475, 485, 302 P.3d 500 (Div. 2 2013) (internal citation omitted).

INTOLERABLE WORKING CONDITIONS

Typically, the question of “whether working conditions have risen to an ‘intolerable’ level is a factual question for the jury.” Sneed, 80 Wash.App. at 849 (internal citations omitted). Often, the courts will “look for evidence of either ‘aggravating circumstances’ or a ‘continuous pattern of discriminatory treatment’ to support a constructive discharge claim.” Id. at 850 (internal citations omitted).

THE QUESTION TO BE ANSWERED (OBJECTIVE STANDARD)

The question to be answered is “whether working conditions would have been so difficult or unpleasant that a reasonable person in the employee’s shoes would have felt compelled to resign.” Id. at 849 (internal citations and quotation marks omitted). “This is an objective standard and an employee’s subjective belief that he had no choice but to resign is irrelevant.” Barnett, 174 Wn.App. at 485 (citing Travis v. Tacoma Pub. Sch. Dist., 120 Wash.App. 542, 551, 85 P.3d 959 (2004)) (internal quotation marks omitted).

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