LAW OFFICE OF GREGORY A. WILLIAMS

October 17, 2024October 21, 2024

Promissory Estoppel (WA State)

Under Washington State laws, what is the doctrine of promissory estoppel? 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.)

Advertisement

THE DOCTRINE OF PROMISSORY ESTOPPEL

The doctrine of promissory estoppel is based upon the “principle that a promise made without consideration may nonetheless be enforced to prevent injustice if the promisor should have reasonably expected the promisee to rely on the promise and if the promisee did actually rely on the promise to the promisee’s detriment.” Black’s Law Dictionary 591 (8th ed. 2004). Accordingly, to establish a viable claim of promissory estoppel, the plaintiff must show:

(1) a promise which

(2) the promisor should reasonably expect to cause the promisee to change his position and

(3) which does cause the promisee to change his position

(4) justifiably relying upon the promise, in such a manner that

(5) injustice can be avoided only by enforcement of the promise.

Chen v. State, 86 Wn.App. 183, 194 n.1 (Div. 2 1997), petition denied, 133 Wn.2d 1020, 948 P.2d 387 (1997) (citing Havens v. C & D Plastics, Inc., 124 Wash.2d 158, 172, 876 P.2d 435 (1994), quoting Klinke v. Famous Recipe Fried Chicken, Inc., 94 Wash.2d 255, 259 n. 2, 616 P.2d 644 (1980)) (emphasis added).

THE “PROMISE” REQUIREMENT

“Promissory estoppel requires the existence of a promise.” Id. (citing Havens, 124 Wash.2d at 172, 876 P.2d 435) (hyperlink added). “A promise is defined as ‘a manifestation of intention to act or refrain from acting in a specified way, so made as to justify a promisee in understanding that a commitment has been made.'” Id. (citing Havens, 124 Wash.2d at 172, 876 P.2d 435 (quoting Restatement (Second) of Contracts, § 2(1))).

CONCLUSION

In conclusion, the doctrine of promissory estoppel serves as a vital legal principle that ensures fairness and prevents unjust outcomes when a promise, lacking formal consideration, leads a promisee to alter their position based on that promise. By establishing specific criteria—including the existence of a promise, reasonable reliance, and the necessity of enforcement to avert injustice—this doctrine safeguards individuals from detrimental reliance on assurances that may otherwise go unfulfilled. As courts continue to interpret and apply this doctrine, it underscores the importance of honoring commitments in both personal and commercial contexts, fostering trust and accountability in our interactions.

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

October 10, 2024October 21, 2024

The Tort of Outrage and Racially Discriminatory Action

Under Washington State law, can racially discriminatory action in employment form the basis for the tort of outrage (hereinafter, “tort of outrage” or “intentional infliction of emotional distress”)? 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.

Advertisement

THE TORT OF OUTRAGE (ALSO KNOWN AS INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS)

A tort is a civil wrong, other than breach of contract, for which remedies may be obtained. The tort of outrage is one type of tort (also known as intentional infliction of emotional distress). It is defined under the Restatement (Second) of Torts § 46, as follows:

(1) One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm.

(2) Where such conduct is directed at a third person, the actor is subject to liability if he intentionally or recklessly causes severe emotional distress

(a) to a member of such person’s immediate family who is present at the time, whether or not such distress results in bodily harm, or

(b) to any other person who is present at the time, if such distress results in bodily harm.”

Contreras v. Crown Zellerbach Corp.*, 88 Wn.2d 735, 745, n. 1, 565 P.2d 1173 (Wash. 1977) (emphasis added).

The Tort of Outrage and Racially Discriminatory Action

RACIALLY DISCRIMINATORY ACTION & THE TORT OF OUTRAGE

Racially discriminatory action can form the basis for a claim of outrage. According to the Washington State Supreme Court:

In Browning v. Slenderella Systems, 54 Wash.2d 440, 341 P.2d 859 (1959), we held recovery could be premised upon tort liability for emotional distress, unaccompanied by any physical injury where the victim was injured by racially discriminatory action.

Id.* at 739, 565 P.2d 1173 (emphasis added). Within the context of employment discrimination, positions of authority are significant when evaluating associated claims based on the tort of outrage.

Positions of authority

“When one in a position of authority, actual or apparent, over another has allegedly made racial slurs and jokes and comments, this abusive conduct gives added impetus to the claim of outrageous behavior.” Contreras*, 88 Wn.2d at 741, 565 P.2d 1173 (citing Restatement (Second) of Torts § 46 comment e). Thus, “[t]he relationship between the parties is a significant factor in determining whether liability should be imposed.” Id. (internal citations omitted).

CONCLUSION

In conclusion, I believe racially discriminatory actions in employment can form the basis for the tort of outrage. The tort of outrage, or intentional infliction of emotional distress, is a crucial legal framework for addressing severe emotional harm caused by extreme and outrageous conduct. Defined under the Restatement (Second) of Torts § 46, this tort highlights the accountability of individuals whose actions lead to significant emotional distress, even in the absence of physical injury.

Notably, racially discriminatory actions can serve as a foundation for such claims, as established by Washington case law. Furthermore, the dynamics of authority between the parties play a vital role in evaluating these claims, emphasizing that abusive behavior from those in positions of power can significantly exacerbate the impact of the distress. Depending on the circumstances of each case, understanding these elements may be useful for adequately addressing the complexities of emotional distress claims in civil law.

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.

September 26, 2024October 21, 2024

Unfair Practices of Labor Unions (WLAD)

Under the Washington Law Against Discrimination (WLAD), RCW 49.60, what are considered unfair practices of labor unions? Here’s my point of view.

Advertisement

WASHINGTON LAW AGAINST DISCRIMINATION (WLAD)

The WLAD, enacted in 1949, is a potent statute covering a broad array of categories, including the following:

RCW 49.60.030
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 also protects, inter alia, employees from the unfair practices of labor organizations.

DEFINITION OF LABOR ORGANIZATION

The WLAD defines the term “labor organization” as follows:

…

(16) “Labor organization” includes any organization which exists for the purpose, in whole or in part, of dealing with employers concerning grievances or terms or conditions of employment, or for other mutual aid or protection in connection with employment.

RCW 49.60.040(16) (emphasis and hyperlinks added).

UNFAIR PRACTICES OF LABOR UNIONS

The WLAD prohibits both labor unions and labor organizations from engaging in unfair practices, as follows:

RCW 49.60.190
Unfair practices of labor unions.

It is an unfair practice for any labor union or labor organization:

(1) To deny membership and full membership rights and privileges to 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.

(2) To expel from membership 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.

(3) To discriminate against any member, employer, employee, or other person to whom a duty of representation is owed 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.

RCW 49.60.190*. Under the WLAD, labor unions engaging in unfair practices are subject to liability.

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) (hyperlinks added).

need help?

-gw

September 19, 2024October 21, 2024

Notices of Disqualification

Under Washington State laws and court rules, what are notices of disqualification when engaged in civil litigation? 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.

Advertisement

NOTICES OF DISQUALIFICATION — DISQUALIFICATION OF JUDGES

The General Law

“Notices of disqualification” concern disqualification of judges during civil litigation. The relevant Washington State law concerning disqualification of judges is, in part, as follows:

Disqualification of judge, transfer to another department, visiting judge—Change of venue generally, criminal cases.

(1) No judge of a superior court of the state of Washington shall sit to hear or try any action or proceeding if that judge has been disqualified pursuant to RCW 4.12.050. …

RCW 4.12.040(1) (emphasis and hyperlink added).

The Notice of Disqualification — RCW 4.12.050

Thus, pursuant to RCW 4.12.050*, any party to a lawsuit may disqualify a judge of a superior court from hearing a matter–subject to certain limitations–as follows:

Notice of disqualification.

(1) Any party to or any attorney appearing in any action or proceeding in a superior court may disqualify a judge from hearing the matter, subject to these limitations:

(a) Notice of disqualification must be filed and called to the attention of the judge before the judge has made any discretionary ruling in the case.

(b) In counties with only one resident judge, the notice of disqualification must be filed not later than the day on which the case is called to be set for trial.

(c) A judge who has been disqualified under this section may decide such issues as the parties agree in writing or on the record in open court.

(d) No party or attorney is permitted to disqualify more than one judge in any matter under this section and RCW 4.12.040*.

(2) Even though they may involve discretion, the following actions by a judge do not cause the loss of the right to file a notice of disqualification against that judge: Arranging the calendar, setting a date for a hearing or trial, ruling on an agreed continuance, issuing an arrest warrant, presiding over criminal preliminary proceedings under CrR 3.2.1*, arraigning the accused, fixing bail, and presiding over juvenile detention and release hearings under JuCR 7.3* and 7.4*.

…

RCW 4.12.050* (emphasis, hyperlinks, and asterisks added).

The Discretionary Ruling Limitation — Timeliness

There are several limitations concerning disqualification of judges. “One limitation is that a notice of disqualification must be filed ‘before the judge has made a discretionary ruling in the case.'” Austin v. King Cnty., 58124-8-II (Wash. App. Jul 02, 2024) (footnote omitted). NOTE:

[The affidavit of prejudice]

“What RCW 4.12.050* calls a ‘notice of disqualification’ is also referred to as an ‘affidavit of prejudice,’ based on previous versions of RCW 4.12.050.”

Austin, 58124-8-II at 3 n.1 (citing Godfrey v. Ste. Michelle Wine Estates Ltd., 194 Wn.2d 957, 961-62, 453 P.3d 992 (2019)) (emphasis and hyperlink added).

“In other words, an affidavit of prejudice is timely if it is filed before the superior court judge makes any order or ruling involving discretion.” Id. at 3 (citing Godfrey v. Ste. Michelle Wine Estates Ltd., 194 Wn.2d 957, 962, 453 P.3d 992 (2019)) (internal quotation marks omitted).

A Matter of Right if All Requirements Met

“If the requirements of RCW 4.12.050(1)* are met, a party can disqualify the judge presiding over the action as a matter of right.” Id. (citing State v. Gentry, 183 Wn.2d 749, 759, 356 P.3d 714 (2015)) (hyperlink added). “A timely notice of disqualification must be granted.” Id. (citing Godfrey, 194 Wn.2d at 961).

A Question of Law Reviewed De Novo

“Whether a judge has made a discretionary decision under RCW 4.12.050* is a question of law that … [courts] review de novo.” Id. (citing State v. Lile, 188 Wn.2d 766, 776, 398 P.3d 1052 (2017)) (hyperlink added).

LEARN MORE

September 5, 2024October 21, 2024

Adverse Employment Actions: A Closer Look

Under Washington State laws, what are considered adverse employment actions when pursuing a claim of unlawful retaliation? Here’s my point of view.

Advertisement

UNLAWFUL RETALIATION — THE PRIMA FACIE CASE

“To establish a prima facie case of retaliation for a protected activity under the [Washington Law Against Discrimination,] … an employee must show that[:]

(1) he engaged in a statutorily protected activity,

(2) the employer took an adverse employment action against the employee, and

(3) there is a causal connection between the employee‘s activity and the employer‘s adverse action.

Boyd v. State*, 187 Wn.App. 1, 11-12, 349 P.3d 864 (Div. 2 2015) (citing Estevez v. Faculty Club of Univ. of Wash., 129 Wn.App. 774, 797, 120 P.3d 579 (2005); Scrivener v. Clark Coll.*, 181 Wn.2d 439, 446, 334 P.3d 541 (2014)) (hyperlinks added) (footnote omitted).

ELEMENT #2 — ADVERSE EMPLOYMENT ACTION

Within the context of unlawful retaliation claims, “[a]n adverse employment action involves a change in employment that is more than an inconvenience or alteration of one’s job responsibilities.” Boyd*, 187 Wn.App. at 13 (citing Alonso v. Qwest Commc’ns Co.*, 178 Wn.App. 734, 746, 315 P.3d 610 (2013)).

THE GENERAL STANDARD

To establish an adverse employment action, “[t]he employee must show that a reasonable employee would have found the challenged action materially adverse, meaning that it would have ‘dissuaded a reasonable worker from making or supporting a charge of discrimination.'” Id. (citing Burlington N., 548 U.S. 53, 68, 126 S.Ct. 2405, 165 L.Ed.2d 345 (2006)) (internal quotation marks and citations omitted).

Ultimately, “whether a particular action would be viewed as adverse by a reasonable employee is a question of fact appropriate for a jury.” Id. at 13-14 (citations omitted).

Demotions, Adverse Transfers, or Hostile Work Environments

An adverse employment action “includes[, but is not limited to,] a demotion or adverse transfer, or a hostile work environment.” Id. (citing Kirby v. City of Tacoma, 124 Wn.App. 454, 465, 98 P.3d 827 (2004) (quoting Robel v. Roundup Corp.*, 148 Wn.2d 35, 74 n.24, 59 P.3d 611 (2002))).

Materially Adverse Reassignments

“Whether a particular reassignment is materially adverse depends upon the circumstances of the particular case, and ‘should be judged from the perspective of a reasonable person in the plaintiff’s position.'” Id. (citing Tyner v. Dep’t of Soc. & Health Servs., 137 Wn.App. 545, 565, 154 P.3d 920 (2007)) (internal quotation marks and citations omitted).

READ OUR RELATED ARTICLES

» Definition of Prima Facie Case*

» Employment-Discrimination Hotlines & Unlawful Retaliation

» The McDonnell Douglas Burden Shifting Framework*

» The Prima Facie Case: Unlawful Retaliation

» Top 3 Reasons Unlawful Retaliation Claims Fail

» Top 3 Causation Standards: Unlawful Retaliation

» Unlawful Retaliation: Adverse Employment Action

» Unlawful Retaliation and the Prospective Employer

» Unlawful Retaliation: The Actual-Knowledge Standard

» Unlawful Retaliation: The Causal Link

» Unlawful Retaliation: The Functionally-Similar Test

» Unlawful Retaliation: Statutorily Protected Activity

LEARN MORE

August 29, 2024October 21, 2024

Cat’s Paw Theory of Liability (WA State)

Cat's Paw Theory of Liability (WA State)

In Washington State, what is the cat’s paw theory of liability? Here’s my point of view.

Advertisement

CAT’S PAW THEORY OF LIABILITY — SUBORDINATE BIAS LIABILITY

In Washington State, the “cat’s paw” theory of liability is consistent with the law on subordinate bias liability. See Boyd v. State*, 187 Wn.App. 1, 20, 349 P.3d 864 (Div. 2 2015). “Under the cat’s paw theory, the animus of a non-decision-maker who has a singular influence may be imputed to the decision-maker.” Id.* at 21 n.1 (citing Staub v. Proctor Hosp., 562 U.S. 411, 131 S.Ct. 1186, 179 L.Ed.2d 144 (2011)).

THE GENERAL RULE

The general rule is as follows:

[I]f a supervisor* performs an act motivated by … animus that is intended by the supervisor to cause an adverse employment action, and if that act is a proximate cause of the ultimate employment action, then the employer is liable.

Id.* at 20 (citing Staub v. Proctor Hospital, 562 U.S. 411, 131 S.Ct. 1186, 1194, 179 L.Ed.2d 144 (2011) (footnote omitted)) (alteration in original) (internal quotation marks omitted) (emphasis and hyperlink added). Note: the term proximate cause is undefined.

PROXIMATE CAUSE

“Under Washington law, in order for the act to be a proximate cause, it must be a substantial factor.” Id.* (citing City of Vancouver v. Pub. Emp’t Relations Comm’n, 180 Wn.App. 333, 356, 325 P.3d 213 (2014) (“a complainant seeking to use the subordinate bias theory of liability must show that the subordinate’s animus was a substantial factor in the decision”)) (internal quotation marks omitted) (emphasis added).

INDEPENDENT INVESTIGATIONS & CAUSATION

Oftentimes, the employer-defendant under a cat’s paw theory of liability will claim that it conducted an “independent investigation” and found an unrelated basis for the adverse employment actions upon which the plaintiff-employee seeks recourse. In such a case, employers will typically argue that the so-called independent investigation was a supervening cause of any retaliatory animus. Nevertheless: “[A]n independent investigation does not necessarily relieve the employer of liability for an adverse employment action.” Id.* (citing Staub v. Proctor Hospital, 562 U.S. 411, 131 S.Ct. 1186, 1193, 179 L.Ed.2d 144 (2011)).

If the independent investigation “relies on facts provided by the biased supervisor—as is necessary in any case of cat’s-paw liability—then the employer (either directly or through the ultimate decision maker) will have effectively delegated the factfinding portion of the investigation to the biased supervisor.” Id.* at 18. Accordingly, the plaintiff may have a firm basis to argue that a causal connection exists, depending on the evidence. See, e.g., id.*

However: “[I]f the employer’s investigation results in an adverse action for reasons unrelated to the supervisor’s original biased action … then the employer will not be liable.” Id.* at 18 (citing Staub, 131 S.Ct. at 1193) (alteration in original).

ORIGINS OF CAT’S PAW THEORY OF LIABILITY

“The term ‘cat’s paw’ originated in the fable, ‘The Monkey and the Cat,’ by Jean de La Fontaine[:]

As told in the fable, the monkey wanted some chestnuts that were roasting in a fire. Unwilling to burn himself in the fire, the monkey convinced the cat to retrieve the chestnuts for him. As the cat carefully scooped the chestnuts from the fire with his paw, the monkey gobbled them up. By the time the serving wench caught the two thieves, no chestnuts were left for the unhappy cat.

Id.* at 21 n.1 (citing Julie M. Covel, The Supreme Court Writes A Fractured Fable of the Cat’s Paw Theory in Staub v. Proctor Hospital [Staub v. Proctor Hospital, 562 U.S. 411, 131 S.Ct. 1186, 179 L.Ed.2d 144 (2011)], 51 Washburn L.J. 159, 159 (2011) (footnotes omitted)) (citation alteration in original).

THE CAT & THE MONKEY

“In the workplace, the cat represents an unbiased decision-maker who disciplines an employee unknowingly due to a supervisor’s bias, represented by the monkey.” Id.* (citing Edward G. Phillips, Staub v. Proctor Hospital: The Cat’s Paw Theory Gets Its Claws Sharpened, 47 Tenn. B.J. June, 2011, at 21).

READ OUR RELATED ARTICLES

» Intentional Infliction of Emotional Distress & Supervisors*

» Suing Co-Workers for Hostile Work Environment (Harassment)*

» Suing Supervisors for Discrimination in Washington*

LEARN MORE

August 22, 2024April 29, 2025

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.

Advertisement

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*

LEARN MORE

August 10, 2024November 21, 2024

License Waiver for Dog Guide and Service Animals (WLAD)

Under the Washington Law Against Discrimination, RCW 49.60, is there a license waiver for dog guides and service animals? Here’s my point of view.

Advertisement

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;

(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).

LICENSE WAIVER FOR DOG GUIDES AND SERVICE ANIMALS (WLAD)

The WLAD contains a license waiver provision for dog guides and service animals, as follows:

RCW 49.60.380*
License waiver for dog guide and service animals.

A county, city, or town shall honor a request by a blind person or hearing impaired person not to be charged a fee to license his or her dog guide, or a request by a physically disabled person not to be charged a fee to license his or her service animal.

RCW 49.60.380* (emphasis and hyperlinks added).

READ OUR RELATED ARTICLES

» Definition of Dog Guide (WLAD)

» Definition of Service Animal (WLAD)

» Liability for Killing or Injuring Dog Guide or Service Animal (WA State)

LEARN MORE

August 9, 2024October 21, 2024

Judicial Notice of Adjudicative Facts

Under Washington State Court Rules, what is Evidence Rule (ER) 201 — judicial notice of adjudicative facts? 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.)

Advertisement

WA STATE COURT RULES — RULES OF EVIDENCE — PURPOSE & CONSTRUCTION

The Washington State Court Rules, Rules of Evidence*, must “be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.” ER 102*. The WA State Rules of Evidence addresses, inter alia, judicial notice of adjudicative facts.

JUDICIAL NOTICE OF ADJUDICATIVE FACTS

Generally, “judicial notice” means “[a] court’s acceptance, for purposes of convenience and without requiring a party’s proof, of a well-known and indisputable fact; the court’s power to accept such a fact <the trial court took judicial notice of the fact that water freezes at 32 degrees Fahrenheit>. Fed. R. Evid. 201.” Black’s Law Dictionary 863-64 (Deluxe 8th ed. 2004).

In Washington State, ER 201* is the relevant rule, and it contains the following topics: (a) the kinds of facts subject to it’s mandate, (b) when notice is discretionary, (c) when notice is mandatory, (d) opportunity to be hard, and (e) timing of the notice. ER 201(a)*.

(a) Kinds of Facts

Under the rule, “[a] judicially noticed fact must be one not subject to reasonable dispute in that it is either[:]

(1) generally known within the territorial jurisdiction of the trial court or

(2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

ER 201(b)*.

(b) When Discretionary

The “court MAY take judicial notice, whether requested or not.” ER 201(c)* (emphasis added).

(c) When Mandatory

However, a court MUST “take judicial notice if requested by a party and supplied with the necessary information.” ER 201(d)*.

(d) Opportunity To Be Heard

In any event: “A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken.” ER 201(e)*.

(e) Timing of Taking Notice

“Judicial notice may be taken at any stage of the proceeding.” ER 201(f)*.

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.

August 8, 2024October 21, 2024

Definition of Discriminatory Boycotts or Blacklists (WLAD)

Under the Washington Law Against Discrimination (WLAD), what is the definition of “discriminatory boycotts or blacklists”? Here’s my point of view.

Advertisement

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.

(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;

(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 protects, inter alia, employees from the unfair practices of employers.

UNFAIR PRACTICES OF EMPLOYERS

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

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).

DEFINITION OF DISCRIMINATORY BOYCOTTS OR BLACKLISTS

The WLAD defines “discriminatory boycotts or blacklists” as follows:

…

(f) … Discriminatory boycotts or blacklists for purposes of … [RCW 49.60.030] shall be defined as the formation or execution of any express or implied agreement, understanding, policy or contractual arrangement for economic benefit between any persons which is not specifically authorized by the laws of the United States and which is required or imposed, either directly or indirectly, overtly or covertly, by a foreign government or foreign person in order to restrict, condition, prohibit, or interfere with or in order to exclude any person or persons from any business relationship on the basis of race, color, creed, religion, sex, honorably discharged veteran or military status, sexual orientation, 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 national origin, citizenship or immigration status, or lawful business relationship:

PROVIDED HOWEVER, That nothing herein contained shall prohibit the use of boycotts as authorized by law pertaining to labor disputes and unfair labor practices[.]

RCW 49.60.030(1)(f) (emphasis, paragraph formatting, and hyperlinks added). Victims of discrimination in violation of the WLAD may seek generous remedies.

WLAD REMEDIES

WSHRC: Definitions

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

Advertisement

WSHRC: GENERAL PROVISIONS: DEFINITIONS

The WSHRC General Provisions definitions fall under WAC 162-04-010. Definitions aren’t just technicalities—they shape how the Washington State Human Rights Commission applies the law. A clear, shared understanding of terms like “complaint,” “respondent,” or “discrimination” ensures consistency, fairness, and transparency in legal proceedings. Without these definitions, the intent of the law could be misunderstood, misapplied, or challenged. In short, definitions provide the legal “language map” that keeps everything on course.

Accordingly, WAC 162-04-010 defines the following terms, as follows:

In general, words are used with this title* in the same meaning as they are used in the law against discrimination, chapter 49.60* RCW. See, in particular, RCW 49.60.040*. The following words are used with the meaning given, unless the context clearly indicates another meaning.

“Administrative Procedure Act” means chapter 34.05* RCW.

“Age” means between forty and seventy years of age.

“Chairperson” means the chairperson of the commission. The word “chairperson” is used in the place of “chairman” where that word appears in the law against discrimination. The chairperson of the commission is the member of the commission designated as chairman by the governor under RCW 49.60.050*.

“Civil rule” or “CR” means the superior court civil rules as now or hereafter amended.

“Clerk” means the clerk of the commission appointed pursuant to WAC 162-04-026*.

“Commission” means the Washington state human rights commission.

“Complainant” means a person who has filed a complaint under authority of RCW 49.60.230*.

“Complaint” means a formal complaint filed with the commission pursuant to RCW 49.60.230* and these rules.

“Executive director” means the executive director of the commission appointed pursuant to RCW 49.60.120(1)*.

“Handicap” [sic] is short for the phrase “the presence of any sensory, mental, or physical handicap [sic]” used in the law against discrimination, and means the full phrase. See WAC 162-22-040*.

“Law against discrimination” means chapter 49.60* RCW.

“Marital status” refers to the legal status of being married, single, divorced, or widowed.

“Member” means a member of the commission, except where the context indicates another meaning is intended.

“Protected class” means the persons who are members of (or who are treated as members of) one of the groups against whom discrimination is declared to be an unfair practice by the law against discrimination. Protected classes include persons between the ages of forty and seventy, persons of any race, creed, color, national origin, sex, or marital status, and persons who are handicapped [sic].

“Respondent” means one against whom a complaint has been filed under authority of RCW 49.60.230*.

WAC 162-04-010* (emphasis added).

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

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 15, 2024October 21, 2024

Employment Law 101: Alternative Dispute Resolution

Under Washington State laws, what does the term “alternative dispute resolution” mean within the context of civil legal proceedings? Here’s my point of view.

Advertisement

Introduction: Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution plays an important role in Washington State civil law, offering an innovative approach to conflict resolution outside the confines of traditional courtrooms. In this article, I will explore the meaning and importance of Washington State ADR, examining various methodologies and the crucial role it plays in facilitating efficient and harmonious resolutions to civil disputes.

Defining Alternative Dispute Resolution

Alternative Dispute Resolution refers to a range of processes designed to resolve legal conflicts without resorting to formal litigation. In Washington State, ADR encompasses methods such as mediation, arbitration, conciliation, and negotiation. These processes provide disputing parties with alternatives to the adversarial nature of traditional courtroom proceedings, promoting a collaborative and solution-oriented approach to conflict resolution.

Key ADR Methods in Washington State

Mediation:

Mediation employs a neutral third party, the mediator, to facilitate communication between disputing parties and guide them toward a mutually acceptable resolution.

Arbitration:

Arbitration involves presenting evidence and arguments to a neutral arbitrator, who then renders a binding decision.

Conciliation:

Conciliation engages a conciliator who assists parties in reaching a settlement by identifying common ground and fostering compromise. This method is commonly employed in Washington State for employment disputes, contractual disagreements, and interpersonal conflicts; the Washington State Human Rights Commission incorporates this process in its investigation of employment-discrimination complaints.

Significance of ADR in Washington State Civil Law

Efficiency and Timeliness:

ADR processes are recognized for their efficiency and timeliness, enabling parties to resolve disputes more expeditiously than through traditional litigation.

Cost-Effectiveness:

ADR can be a more cost-effective alternative to court proceedings, saving parties both time and financial resources.

Preserving Relationships:

Emphasizing collaboration and communication, ADR is particularly beneficial in preserving relationships strained by adversarial litigation.

Tailored Solutions:

ADR allows parties to craft customized solutions that better suit their unique circumstances, fostering a sense of ownership and satisfaction with the resolution.

Conclusion

In Washington State, the adoption of Alternative Dispute Resolution reflects a commitment to creating a legal environment that prioritizes efficiency, cost-effectiveness, and collaboration. As ADR continues to evolve and gain prominence, it underscores the state’s dedication to providing its citizens with diverse and effective means of resolving civil disputes outside the traditional courtroom setting.

Read Our Related Articles

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

» 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: Statute of Limitations

» 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

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 6, 2024March 26, 2026

What is WA State’s law against employment discrimination?

Advertisement

FAQ: What is WA State’s law against employment discrimination?

answer:

The Washington Law Against Discrimination* (WLAD), enacted in 1949, is a potent statute that covers a broad array of categories, including, but not limited to, employment discrimination. The relevant statute states 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;

(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 protects, inter alia, employees from the unfair practices of employers.

UNFAIR PRACTICES OF EMPLOYERS

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

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).

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*.

WLAD 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)*.

How can an employment-law attorney help me?

Advertisement

HOW CAN AN EMPLOYMENT-LAW ATTORNEY HELP ME?

answer:

In today’s workforce, instances of workplace discrimination continue to cast shadows over the professional lives of numerous employees. Discrimination, spanning various factors such as age, citizenship or immigration status, creed/religion, disability, gender, national origin, opposition to a discriminatory practice, race, and sexual orientation, presents a formidable challenge to workplace equality. For individuals grappling with discrimination in their professional environments, seeking legal counsel emerges as a pivotal recourse. Here’s why consulting with an attorney holds paramount importance for employees encountering discrimination in the workplace:

1. Understanding Legal Rights

When faced with workplace discrimination, comprehending one’s legal rights becomes imperative. Employment laws exhibit nuances and intricacies, often varying from state to state. Consulting with an employment law attorney facilitates a comprehensive understanding of applicable legal frameworks, such as the Washington Law Against Discrimination*, Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), or the Age Discrimination in Employment Act (ADEA).

2. Guidance Through the Process

The journey of initiating a discrimination claim can prove arduous, particularly for individuals unversed in legal proceedings. An attorney proficient in employment law extends invaluable guidance and support across every phase of the process. This encompasses assistance in evidence collection, completion of necessary paperwork, and adept representation during negotiations or court proceedings. Through their expertise, attorneys ensure the protection of clients’ rights and enhance the prospects of securing a favorable outcome.

3. Preservation of Evidence

Evidentiary support serves as the backbone of discrimination claims, pivotal in substantiating allegations. However, the task of gathering and preserving evidence presents challenges, particularly for employees still employed by the discriminating entity. Attorneys adept in employment law offer strategic counsel on evidence collection, encompassing documentation such as emails, performance evaluations, and witness statements. Moreover, they safeguard against potential retaliatory actions from the employer, crucial in bolstering the strength of the case.

4. Advocacy and Negotiation

Many discrimination cases witness resolution through negotiation or mediation, circumventing the need for protracted litigation. Here, the role of an attorney as an advocate assumes significance, advocating for clients’ interests and facilitating constructive dialogue with the opposing party. By elucidating available options and potential outcomes, attorneys empower clients to make informed decisions conducive to their objectives.

5. Pursuit of Compensation

Employees subjected to workplace discrimination may be entitled to compensation for various damages incurred, ranging from lost wages to emotional distress. Attorneys proficient in employment law conduct a thorough evaluation of clients’ claims, considering factors such as the severity of discrimination and its impact on professional trajectories. Subsequently, they navigate the legal terrain to secure rightful compensation through formal channels.

6. Holding Employers Accountable

Beyond seeking redress for individual grievances, pursuing legal action against discriminatory practices holds broader implications. By holding employers accountable for their actions, employees contribute to the collective endeavor of fostering equitable and inclusive work environments. Such actions serve as deterrents against future instances of discrimination, fostering a culture of accountability and respect within organizations.

CONCLUSION

In essence, the decision to seek legal counsel holds profound significance for employees grappling with workplace discrimination. Attorneys practicing employment law serve as steadfast allies, offering guidance, advocacy, and strategic representation. By harnessing legal avenues, employees not only assert their rights but also propel the ongoing fight for workplace equality and justice.

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.

May 30, 2024October 21, 2024

What are the elements of Unlawful Retaliation in WA State?

Advertisement

FAQ: What are the elements of Unlawful Retaliation in WA State?

answer:

“To establish a prima facie case of [unlawful] retaliation, an employee must show that[:]

(1) he or she engaged in a statutorily protected activity,

(2) the employer took an adverse employment action against the employee, and

(3) there is a causal connection between the employee‘s activity and the employer‘s adverse action.

Mackey v. Home Depot USA, Inc., 12 Wn.App.2d 557, 574 (Div. 2 2020), review denied, 468 P.3d 616 (2020) (citing Cornwell v. Microsoft Corp., 192 Wn.2d 403, 411, 430 P.3d 229 (2018)) (emphasis, paragraph formatting, and hyperlinks added).

THE WASHINGTON LAW AGAINST DISCRIMINATION

Unlawful Retaliation is a theory of liability under the Washington Law Against Discrimination (WLAD), Chapter 49.60 RCW. The WLAD “prohibits retaliation against a party asserting a claim based on a perceived violation of his civil rights or participating in an investigation into alleged workplace discrimination.” Alonso v. Qwest Communications Company, LLC, 178 Wn.App 734, 753 (Div. 2 2013) (citing RCW 49.60.210).

WLAD REMEDIES

“Any person deeming himself or herself injured by any act in violation of … [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

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

Adverse Employment Actions: A Closer Look

Definition of Prima Facie Case*

Employment-Discrimination Hotlines & Unlawful Retaliation

The McDonnell Douglas Burden Shifting Framework*

The Prima Facie Case: Unlawful Retaliation

Top 3 Reasons Unlawful Retaliation Claims Fail

Top 3 Causation Standards: Unlawful Retaliation

Unlawful Retaliation: Adverse Employment Action

Unlawful Retaliation and the Prospective Employer

Unlawful Retaliation: The Actual-Knowledge Standard

Unlawful Retaliation: The Causal Link

Unlawful Retaliation: The Functionally-Similar Test

Unlawful Retaliation: Statutorily Protected Activity

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

NEED HELP?

May 23, 2024October 21, 2024

Construing Municipal Ordinances

In Washington State, how do courts construe municipal ordinances? Here’s my point of view.

Advertisement

CANONS OF CONSTRUCTION

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).

Construing Municipal Ordinances

According to Washington State courts:

[W]e construe municipal ordinances according to the rules of statutory interpretation.

Hockett v. Seattle Police Department, 85066-1-I (Div. 1 2024) (citing City of Seattle v. Swanson, 193 Wn. App. 795, 810, 373 P.3d 342 (2016)).

The rules of statutory interpretation are also known as the canons of statutory construction. Thus, Washington State courts utilize the canons of statutory construction to construe municipal ordinances.

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.

May 18, 2024October 21, 2024

State-Employee Whistleblowers & Retaliatory Action

Under Washington State laws, what is considered retaliatory action against state-employee whistleblowers? Here’s my point of view.

Advertisement

What is considered retaliatory action against state-employee whistleblowers (WA State)?

definition of state-employee whistleblower

Please see our article entitled: “Definition of State Employee Whistleblower.” (NOTE: the link will take the reader to our Williams Law Group Blog — an external website.)

dEFINITION OF RETALIATORY ACTION (or reprisal)

The relevant law concerning retaliation against state-employee whistleblowers is found under RCW 42.40.050*, as follows:

RCW 42.40.050.
Retaliatory action against whistleblower—Remedies.

(1)(a) Any person who is a whistleblower, as defined in RCW 42.40.020*, and who has been subjected to workplace reprisal or retaliatory action is presumed to have established a cause of action for the remedies provided under chapter 49.60* RCW [(i.e., The Washington Law Against Discrimination)].

(b) For the purpose of this section, “reprisal or retaliatory action” means, but is not limited to, any of the following:

(i) Denial of adequate staff to perform duties;

(ii) Frequent staff changes;

(iii) Frequent and undesirable office changes;

(iv) Refusal to assign meaningful work;

(v) Unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations;

(vi) Demotion;

(vii) Reduction in pay;

(viii) Denial of promotion;

(ix) Suspension;

(x) Dismissal;

(xi) Denial of employment;

(xii) A supervisor or superior behaving in or encouraging coworkers to behave in a hostile manner toward the whistleblower;

(xiii) A change in the physical location of the employee’s workplace or a change in the basic nature of the employee’s job, if either are in opposition to the employee’s expressed wish;

(xiv) Issuance of or attempt to enforce any nondisclosure policy or agreement in a manner inconsistent with prior practice; or

(xv) Any other action that is inconsistent compared to actions taken before the employee engaged in conduct protected by this chapter, or compared to other employees who have not engaged in conduct protected by this chapter.

(2) The agency presumed to have taken retaliatory action under subsection (1) of this section may rebut that presumption by proving by a preponderance of the evidence that there have been a series of documented personnel problems or a single, egregious event, or that the agency action or actions were justified by reasons unrelated to the employee’s status as a whistleblower and that improper motive was not a substantial factor.

(3) Nothing in this section prohibits an agency from making any decision exercising its authority to terminate, suspend, or discipline an employee who engages in workplace reprisal or retaliatory action against a whistleblower. However, the agency also shall implement any order under chapter 49.60* RCW (other than an order of suspension if the agency has terminated the retaliator).

RCW 42.40.050* (emphasis and hyperlinks added).

—–

* (NOTE: the link will take the reader away from this website to the Official Washington State Legislature Website (Revised Code of Washington) — an external governmental website.)

CONCLUSION

Under Washington State laws, state-employee whistleblowers who experience retaliatory actions have various remedies available to them. As defined under RCW 42.40.050, retaliatory actions encompass a wide range of behaviors, including but not limited to denial of adequate staff, unwarranted demotion, and hostile behavior from supervisors or coworkers. However, agencies have the opportunity to rebut these claims by demonstrating documented personnel issues or justifying actions unrelated to whistleblowing.

READ OUR RELATED ARTICLES

» Definition of State Employee Whistleblower**

» Employment-Discrimination Hotlines & Unlawful Retaliation

» The Prima Facie Case: Unlawful Retaliation

» The Washington State Human Rights Commission**

» Top 3 Reasons Unlawful Retaliation Claims Fail

» Unlawful Retaliation: Adverse Employment Action

» Unlawful Retaliation and the Prospective Employer

» Unlawful Retaliation: Statutorily Protected Activity

» Unlawful Retaliation: The Actual-Knowledge Standard

» Unlawful Retaliation: The Causal Link

» Unlawful Retaliation: The Functionally-Similar Test

» WA State Human Rights Commission Complaints

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

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

» WSHRC: From Complaint to Conclusion

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

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.

May 16, 2024October 21, 2024

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

Advertisement

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.)

NEED HELP?

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.

Advertisement

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.

LEARN MORE

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.

Advertisement

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.

LEARN MORE

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.)

Advertisement

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.

—–

*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

—–

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

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

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.

Advertisement

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

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

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.

Advertisement

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.

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.

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.

Advertisement

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).

NEED HELP?

February 22, 2024October 21, 2024

Are Compensatory Damages Available Under the WLAD?

Advertisement

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.

(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;

(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).

—–

**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

» Punitive Damages Are Unavailable Under WLAD**

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

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

—–

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

THE DOCTRINE OF PROMISSORY ESTOPPEL

THE “PROMISE” REQUIREMENT

CONCLUSION

need help?

THE TORT OF OUTRAGE (ALSO KNOWN AS INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS)

RACIALLY DISCRIMINATORY ACTION & THE TORT OF OUTRAGE

Positions of authority

CONCLUSION

READ MORE OF OUR RELATED ARTICLES

Learn More

WASHINGTON LAW AGAINST DISCRIMINATION (WLAD)

RCW 49.60.030 Freedom from discrimination—Declaration of civil rights.

DEFINITION OF LABOR ORGANIZATION

UNFAIR PRACTICES OF LABOR UNIONS

RCW 49.60.190 Unfair practices of labor unions.

WLAD REMEDIES

need help?

NOTICES OF DISQUALIFICATION — DISQUALIFICATION OF JUDGES

The General Law

Disqualification of judge, transfer to another department, visiting judge—Change of venue generally, criminal cases.

The Notice of Disqualification — RCW 4.12.050

Notice of disqualification.

The Discretionary Ruling Limitation — Timeliness

[The affidavit of prejudice]

A Matter of Right if All Requirements Met

A Question of Law Reviewed De Novo

LEARN MORE

UNLAWFUL RETALIATION — THE PRIMA FACIE CASE

ELEMENT #2 — ADVERSE EMPLOYMENT ACTION

THE GENERAL STANDARD

Demotions, Adverse Transfers, or Hostile Work Environments

Materially Adverse Reassignments

READ OUR RELATED ARTICLES

LEARN MORE

CAT’S PAW THEORY OF LIABILITY — SUBORDINATE BIAS LIABILITY

THE GENERAL RULE

PROXIMATE CAUSE

INDEPENDENT INVESTIGATIONS & CAUSATION

ORIGINS OF CAT’S PAW THEORY OF LIABILITY

THE CAT & THE MONKEY

READ OUR RELATED ARTICLES

LEARN MORE

THE WASHINGTON STATE HUMAN RIGHTS COMMISSION

DISCRIMINATION BECAUSE OF MARITAL STATUS

EXCEPTIONS TO THE RULE

WLAD REMEDIES

READ OUR RELATED ARTICLES

LEARN MORE

THE WASHINGTON LAW AGAINST DISCRIMINATION (WLAD)

LICENSE WAIVER FOR DOG GUIDES AND SERVICE ANIMALS (WLAD)

READ OUR RELATED ARTICLES

LEARN MORE

WA STATE COURT RULES — RULES OF EVIDENCE — PURPOSE & CONSTRUCTION

JUDICIAL NOTICE OF ADJUDICATIVE FACTS

(a) Kinds of Facts

(b) When Discretionary

(c) When Mandatory

(d) Opportunity To Be Heard

(e) Timing of Taking Notice

LEARN MORE

WASHINGTON LAW AGAINST DISCRIMINATION (WLAD)

UNFAIR PRACTICES OF EMPLOYERS

[REFUSE TO HIRE]

[dISCHARGE OR BAR FROM EMPLOYMENT]

[DISCRIMINATE IN COMPENSATION OR IN OTHER TERMS/CONDITIONS OF EMPLOYMENT]

[STATEMENTS, ADVERTISEMENTS, PUBLICATIONS, APPLICATIONS FOR EMPLOYMENT, INQUIRIES IN CONNECTION WITH PROSPECTIVE EMPLOYMENT]

DEFINITION OF DISCRIMINATORY BOYCOTTS OR BLACKLISTS

WLAD REMEDIES

READ MORE ABOUT THIS TOPIC

need help?

WSHRC: GENERAL PROVISIONS: DEFINITIONS

RELATED ARTICLES

LEARN MORE

Introduction: Alternative Dispute Resolution (ADR)

Defining Alternative Dispute Resolution

Key ADR Methods in Washington State

Mediation:

Arbitration:

Conciliation:

Significance of ADR in Washington State Civil Law

RCW 49.60.030
Freedom from discrimination—Declaration of civil rights.

RCW 49.60.190
Unfair practices of labor unions.