LAW OFFICE OF GREGORY A. WILLIAMS

July 31, 2025July 31, 2025

Trials by Remote Means (WA State)

Under Washington State Superior Court Civil Rules (hereinafter, “Civil Rule” or “CR”), what are trials by remote means? Here’s my point of view.

IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.

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Understanding Trials by Remote Means in Washington State Superior Court: CR 39(d)

Washington State courts continue to adapt to modern technology and the evolving needs of litigants. One example is Civil Rule 39(d)* of the Superior Court Civil Rules*, which addresses how civil trials can proceed remotely—either in part or entirely.

What Is CR 39(d)?

CR 39(d)* allows civil trials to be conducted by remote means, such as videoconferencing, if certain conditions are met. This rule gives parties more flexibility, especially when travel or logistics might otherwise be barriers to participating in court.

Two Paths to a Remote Trial

There are two main ways a trial may proceed remotely under CR 39(d)*:

1. By Agreement (Stipulation):

If all parties agree and the court approves, the trial can take place remotely in whole or in part. In such cases, the technology used must allow all participants—including the judge, attorneys, and witnesses—to see, hear, and speak to each other clearly. Importantly, the court must also ensure that the trial remains open to the public, with full access to video and audio feeds.

2. By Proposal Without Agreement:

If one party requests a remote trial, the court must schedule a hearing at least 30 days before trial (or sooner by mutual agreement) to consider the proposal. If the parties can’t agree, the trial will default to being held in person, although the court may still permit individual parties or attorneys to appear remotely.

Limitations

CR 39(d)* does not apply to jury selection (voir dire) or pretrial proceedings. It also defers to CR 43* on whether witnesses may testify remotely during an in-person trial.

Why It Matters

Remote trials can improve access to justice, reduce costs, and increase scheduling flexibility. However, they also require reliable technology and coordination. Understanding the process outlined in CR 39(d) helps litigants and attorneys make informed decisions about whether a remote trial is right for their case.

If you’re involved in a civil case in Washington State and considering a remote trial, it’s wise to speak with your attorney early in the process to understand your options and the court’s expectations.

LEARN MORE

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

–gw

July 17, 2025July 17, 2025

Definitions of Service Animal Trainee and Trainer (WLAD)

Under the Washington Law Against Discrimination (WLAD), what are the definitions of “service animal trainee” and “service animal trainer”? Here’s my point of view.

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WASHINGTON LAW AGAINST DISCRIMINATION (WLAD)

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

Freedom from discrimination—Declaration of civil rights.

(1) The right to be free from discrimination because of race, creed, color, national origin, citizenship or immigration status, sex, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability is recognized as and declared to be a civil right. This right shall include, but not be limited to:

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

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

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

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

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

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

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

RCW 49.60.030(1) (emphasis, paragraph formatting, and hyperlinks added). The WLAD 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.

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

DEFINITIONS OF “SERVICE ANIMAL TRAINEE” AND “SERVICE ANIMAL TRAINER”

As established above, the use of a trained dog guide or service animal by a person with a disability is one among a variety of protected classes under the WLAD. Accordingly, the WLAD defines the terms “service animal trainer” and “service animal trainee” as follows:

(26) “Service animal trainee” means any dog or miniature horse that is undergoing training to become a service animal.

(27) “Service animal trainer” means an individual exercising care, custody, and control over a service animal trainee during a course of training designed to develop the service animal trainee into a service animal.

RCW 49.60.040(26-27)* (hyperlink 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 Washington Law Against Discrimination] shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys’ fees or any other appropriate remedy authorized by this chapter or the United States Civil Rights Act of 1964 as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.).” RCW 49.60.030(2).

READ OUR RELATED ARTICLES

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

» Definition of Service Animal (WLAD)

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

» License Waiver for Dog Guide and Service Animals (WA State)

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

July 4, 2025September 11, 2025

WSHRC: Objective of Conciliation

Under the Washington State Administrative Code (hereinafter, “WAC”), what does the term “conciliation” mean when pursuing complaints through the Washington State Human Rights Commission (hereinafter, “WSHRC”)? Here’s my point of view.

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Understanding WAC 162-08-102: The Objective of Conciliation in Washington State Discrimination Law

When an allegation of discrimination arises under Washington’s Law Against Discrimination (WLAD), RCW 49.60*, one of the first tools employed by the Washington State Human Rights Commission (“Commission”) is conciliation. This process—grounded in WAC 162-08-102*—offers both legal professionals and the public insight into how the state prioritizes resolution of disputes in a way that not only halts discriminatory practices but also remedies their lingering effects.

The Regulatory Framework

The relevant Washington State Administrative Code* (“WAC”) states as follows:

WAC 162-08-102
Objective of conciliation.

The commission‘s staff in its endeavors to eliminate an unfair practice by conference, conciliation and persuasion under RCW 49.60.250* shall be guided by the purposes of the law against discrimination and by the policies and objectives of the commission, particularly as expressed in WAC 162-08-061*, 162-08-062* and 162-08-298*. Elimination of an unfair practice includes elimination of the effects of the unfair practice, as well as assurance of the discontinuance of the unfair practice.

WAC 162-08-102* (first & second hyperlinks added). This administrative regulation establishes that conciliation is not simply about stopping an unfair practice; it is about eliminating both the discriminatory conduct and its consequences. The regulation instructs the Commission’s staff to approach conciliation guided by:

• The purposes of the WLAD (ensuring equal opportunity and freedom from discrimination).

• The policies and objectives of the Commission, especially those articulated in related provisions:

– WAC 162-08-061* (Relationship of commission to complainant),

– WAC 162-08-062* (Concurrent remedies–Other remedies), and

– WAC 162-08-298* (Remedies).

By linking WAC 162-08-102* to these provisions, the regulation underscores that conciliation is not a mere formality—it is a central mechanism for enforcing civil rights protections in Washington.

What Conciliation Means in Practice

For attorneys representing clients, understanding the scope of conciliation is critical. The process typically involves:

1. Conference and Persuasion – Informal discussions between the Commission, complainant, and respondent to explore resolution.

2. Conciliation Agreements – Negotiated commitments by respondents to both cease the discriminatory conduct and remedy its effects (for example, reinstatement, back pay, or policy changes).

3. Forward-Looking Protections – Ensuring that the respondent adopts practices to prevent recurrence, often through training, monitoring, or systemic reforms.

Unlike private settlement agreements, Commission conciliation carries a public interest dimension: it is designed not just to resolve disputes between parties, but to advance the state’s broader mandate of eradicating discrimination.

Why the Distinction Matters

The language of WAC 162-08-102* makes clear that a successful conciliation must address two distinct goals:

• Stopping the discriminatory practice itself.

• Eliminating its ripple effects. For example, in an employment discrimination case, this could include back wages, seniority adjustments, or workplace reforms that restore the complainant’s position and opportunities.

For practitioners, this means conciliation is not just about negotiating a quick settlement—it is about ensuring structural and remedial relief consistent with the Commission’s objectives.

Implications for Legal Professionals and the Public

For Attorneys: Awareness of conciliation’s dual focus equips counsel to advise clients realistically about potential remedies and obligations. Respondents must be prepared to do more than simply “stop” a practice—they must also correct its consequences.

For the Public: The Commission’s emphasis on conciliation reflects a commitment to fairness. Individuals subjected to discrimination should know that the process aims not only to halt misconduct but also to restore their rights and opportunities.

Conclusion

WAC 162-08-102 reinforces that conciliation is more than compromise—it is corrective justice. By requiring elimination of both the practice and its effects, Washington’s regulatory framework ensures that conciliation serves as a meaningful tool in advancing the WLAD’s mission: a state free from discrimination.

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

» Remedies for Breach of Conciliation Agreements*

» The Intersection of WSHRC and EEOC*

» WA State Human Rights Commission Complaints

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

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

» WSHRC: Breach of Conciliated Agreement

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Procedure When None Is Specified

» WSHRC: Relationship of Commission to Complainant

» WSHRC: Withdrawal of Complaint

LEARN MORE

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

–gw

July 3, 2025July 3, 2025

Personal Work Journals (WA State)

In Washington State, what are personal work journals and how can they help employees (and former employees) when pursing claims of employment discrimination? Here’s my point of view.

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Using a Personal Work Journal in Employment Discrimination Cases in Washington State

When pursuing an employment discrimination claim in Washington State, evidence is essential. Employees often find themselves in the difficult position of needing to prove that discriminatory behavior occurred over time, particularly when such behavior may not have been documented by the employer. In these situations, a well-maintained personal work journal can serve as a valuable tool during litigation.

What Is a Personal Work Journal?

A personal work journal is a private record kept by an employee, documenting workplace events, communications, and observations. This might include:

• Dates and details of discriminatory comments or actions

• Notes on who was present during specific incidents

• Descriptions of performance evaluations and changes in responsibilities

• Documentation of complaints made to HR or supervisors

• Recollections of meetings and informal conversations

While these journals are not official company documents, they can play an important role in shaping a narrative and supporting legal claims.

Relevance Under Washington Law

Washington State law prohibits employment discrimination based on 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 under the Washington Law Against Discrimination (WLAD), codified at RCW 49.60*. In these cases, courts often examine whether there is evidence of a discriminatory motive or pattern of behavior.

Because discrimination often occurs subtly or gradually, a personal journal can help demonstrate a consistent pattern that may not be apparent in formal HR records. Courts have recognized that contemporaneous notes—made at or near the time of the incidents—can be more credible than recollections made long after the fact.

How a Work Journal Can Support a Case

1. Establishing a Timeline

A journal can help construct a detailed and chronological account of events. This can be useful in showing causation—for example, if an adverse employment action occurred shortly after an employee complained about discrimination.

2. Corroborating Testimony

Notes that were recorded shortly after an event may support the employee’s version of events during depositions or trial. This can bolster the employee’s credibility and fill in gaps left by limited or sanitized employer records.

3. Identifying Witnesses

Journals often reference others who were present during discriminatory incidents. This information may help attorneys locate potential witnesses to support the employee’s claims.

4. Supporting Claims of Pretext

If an employer offers a non-discriminatory reason for an adverse action* (such as poor performance), a journal may provide evidence suggesting the justification was pretextual*—especially if performance was never questioned before a protected activity occurred.

Best Practices for Maintaining a Journal

For a journal to be helpful and admissible, it’s important to maintain it properly:

• Be factual and objective: Avoid speculation or overly emotional language. Focus on who said what, when, and where.

• Date entries accurately: Record events as soon as possible after they occur to preserve accuracy.

• Keep it private: A personal work journal should be maintained outside the workplace and not stored on employer devices or servers.

• Avoid altering entries: Retroactively editing entries can damage credibility. If you need to clarify or correct something, make a new entry and note the change transparently.

Limitations and Considerations

While journals can be helpful, they are not a silver bullet. Courts will weigh the credibility and context of journal entries, and opposing counsel may challenge their authenticity or accuracy. Additionally, if a case proceeds to litigation, the journal may be discoverable, meaning it could be shared with the employer and their legal team.

Employees should also be aware that journal content can be scrutinized. Overly dramatic or inconsistent entries may undercut the case, while consistent and measured notes can enhance credibility.

Conclusion

In employment discrimination cases in Washington State, a personal work journal can be a powerful supplement to other forms of evidence. When maintained properly, it can help employees establish a pattern of discriminatory conduct, support their testimony, and navigate the complex litigation process with more confidence.

For anyone considering legal action based on workplace discrimination, it’s wise to consult an experienced employment attorney early—and to start documenting concerns thoughtfully and consistently.

READ OUR RELATED ARTICLES

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

» Can you prove employment discrimination without direct evidence?

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

» Proving Discrimination: The Direct-Evidence Method

» The McDonnell Douglas Burden Shifting Framework*

» Title VII of the Civil Rights Act of 1964

» Using Circumstantial Evidence to Prove Employment Discrimination

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

LEARN MORE

–gw

June 26, 2025June 26, 2025

Pre-Litigation Settlement Caps: EEOC vs. WSHRC

Does the United States Equal Employment Opportunity Commission (EEOC) and Washington State Human Rights Commission (WSHRC) enforce pre-litigation settlement caps? Here’s my point of view.

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Settling Employment Discrimination Claims: EEOC and WSHRC Settlement Caps

People who experience workplace discrimination often have the option to address their claims through federal or state agencies before filing a lawsuit.

NOTE: Individuals pursuing claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Age Discrimination in Employment Act must first exhaust the United States Equal Employment Opportunity Commission’s (EEOCs) administrative prerequisites before filing suit in court — this is mandatory, not optional.

In Washington State, two main agencies that handle these matters are the EEOC and the Washington State Human Rights Commission (WSHRC), which enforces state-level protections. A crucial question for those considering settlement through these agencies is whether any financial limits apply to the amount they can recover. The sections below take a closer look at whether such settlement caps exist in either forum.

1. U.S. Equal Employment Opportunity Commission (EEOC) Settlement Cap

The EEOC* plays a crucial role in handling discrimination claims under federal laws, including Title VII. It investigates claims of discrimination in employment based on race, color, religion, sex (including pregnancy, childbirth, or related conditions, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information

In terms of settlement, the EEOC does not impose a specific dollar cap for settlements that occur during its investigation or conciliation process. Instead, the agency facilitates settlement discussions between the claimant (charging party) and the employer (respondent). The settlement amount is generally determined through negotiation and mutual agreement between both parties, with the goal of resolving the dispute efficiently without proceeding to litigation.

However, there are guidelines that could influence the settlement amount:

Back Pay and Front Pay: Settlements may include financial compensation for lost wages (back pay) or future lost wages (front pay), depending on the circumstances of the case.

Compensatory Damages: Claimants may be eligible for compensatory damages for emotional distress, pain and suffering, and other non-economic losses. These damages are capped depending on the size of the employer’s business, as prescribed by the Civil Rights Act. See Punitive Damages, below.

Punitive Damages: Title VII allows for the recovery of punitive damages in cases of intentional discrimination with malice or reckless indifference. Such recoveries are–similar to compensatory damages–capped depending on the size of the employer’s business.

NOTE: Limits on Compensatory & Punitive Damages. There are limits on the amount of compensatory and punitive damages a person can recover. These limits vary depending on the size of the employer:

• For employers with 15-100 employees, the limit is $50,000.

• For employers with 101-200 employees, the limit is $100,000.

• For employers with 201-500 employees, the limit is $200,000.

• For employers with more than 500 employees, the limit is $300,000.

Attorney’s Fees, Expert Witness Fees, and Court Costs: A victim of discrimination also may be able to recover attorney’s fees, expert witness fees, and court costs.

While the EEOC does not impose a strict cap, settlement amounts in cases that the EEOC resolves are often guided by the circumstances of the claim and the financial situation of the employer.

2. Washington State Human Rights Commission (WSHRC) Settlement Cap

In Washington State, the WSHRC handles, inter alia, claims of employment discrimination under the Washington Law Against Discrimination (WLAD) — it is responsible for enforcing the WLAD. The WSHRC works similarly to the EEOC* but addresses claims under state law.

One notable difference, however, is that the WSHRC has specific caps for pain and suffering awards by administrative law judges (ALJ) under the WLAD. The maximum amount of damages that an appointed ALJ can award to an employment-discrimination claimant for humiliation and mental suffering is $20,000. See RCW 49.60.250(5)*. Moreover, based on my previous communications the WSHRC, even if the parties settle the claim before appointment of an ALJ, the maximum settlement amount a claimant can recover for pain and suffering in a WSHRC-administered settlement remains $20,000. This cap is part of the administrative process under the WLAD and applies specifically to settlements facilitated by the WSHRC before arbitration or filing a lawsuit.

That said, claimants who seek settlements beyond this $20,000 cap still have options. They can pursue private settlements outside of the WSHRC administrative process. In these cases, the parties involved may agree to a settlement that exceeds the WSHRC cap. However–based on my experience–the WSHRC will likely require the parties to report any such settlement to the WSHRC if the claims are still under active investigation by the agency. This reporting requirement ensures that the WSHRC is aware of the resolution, even if it falls outside the agency’s prescribed settlement limits.

Conclusion

Both the U.S. EEOC and the WSHRC provide opportunities for claimants to resolve employment discrimination disputes without proceeding to litigation, but the processes differ in key respects. While the EEOC does not impose a specific settlement dollar cap, settlements are guided by the nature of the claim and the employer’s financial capacity. In contrast, the WSHRC does have a cap for pain and suffering settlements, limiting them to $20,000 under the Washington Law Against Discrimination; claimants seeking to exceed this amount may still pursue private settlements, provided they comply with reporting requirements if the WSHRC is involved in the investigation.

READ OUR RELATED ARTICLES

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

» EEOC: The Notice of Right to Sue

» Title VII of the Civil Rights Act of 1964

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

» WSHRC: Organization and Operations

LEARN MORE

–gw

June 15, 2025August 7, 2025

WSHRC: Investigation

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

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

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

WAC 162-08-094
Investigation.

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

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

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

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

Step 1: Notifying the Respondent

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

Step 2: Early Review of the Complaint

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

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

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

• Or suggest another appropriate outcome.

This step helps ensure that only valid complaints move forward.

Step 3: Focused Fact-Finding

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

In Summary

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

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

» WA State Human Rights Commission Complaints

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

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Procedure When None Is Specified

» WSHRC: Relationship of Commission to Complainant

» WSHRC: Withdrawal of Complaint

LEARN MORE

–gw

June 12, 2025

Why Do Some Employers Unlawfully Discriminate?

Why do some employers unlawfully discriminate against their employees? Here’s my point of view.

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Why Employers Might Unlawfully Discriminate Against Their Employees — And Why It Matters

In the modern workplace, anti-discrimination laws have made significant strides in protecting individuals from unfair treatment based on race, gender, age, religion, disability, national origin, and other protected characteristics. Despite this progress, workplace discrimination remains a persistent issue. Understanding why employers might engage in discriminatory practices — even in violation of clear legal standards — is critical for legal professionals, HR personnel, and compliance officers alike.

1. Implicit Bias and Stereotyping

Discrimination in the workplace often stems not from overt prejudice, but from unconscious biases—automatic associations and assumptions that can shape decisions without the decision-maker even realizing it. For instance, a supervisor might instinctively view men as more suitable for leadership roles or assume that older employees struggle with new technology. Though these biases may never be expressed aloud, they can influence important employment outcomes such as hiring, promotions, and disciplinary actions, often disadvantaging individuals in legally protected groups.

Legal Considerations:

Courts are increasingly acknowledging the role of implicit bias in employment discrimination cases, especially where patterns of unequal treatment or adverse impact are evident. Under laws like the Washington Law Against Discrimination (WLAD), evidence of unconscious bias can support claims of unlawful discrimination—even in the absence of direct or intentional misconduct.

2. Cultural “Fit” and the Homogeneity Trap

Hiring for “cultural fit” is a popular concept in many organizations, especially startups and smaller companies. However, this term can become a euphemism for maintaining homogeneity. Employers may, intentionally or not, exclude candidates who don’t mirror the dominant demographics or communication styles of existing teams.

While the desire for team cohesion is understandable, when “fit” becomes a code word for race, age, gender similarity, or other protected class, the legal exposure increases. Courts and agencies like the Washington State Human Rights Commission (WSHRC) and U.S. EEOC scrutinize these practices for violation of associated employment-discrimination laws.

3. Economic Rationalizations

Some employers make decisions based on economic stereotypes — for example, assuming women are more likely to take maternity leave, or older workers will demand higher salaries or retire soon. These assumptions can result in discrimination cloaked in cost-saving rhetoric.

This kind of reasoning may violate laws like the WLAD, Title VII of the Civil Rights Act of 1964 (Title VII), Equal Pay Act*, or ADEA*. Cost alone is not a defense to discriminatory practices.

4. Discriminatory Customer or Client Preferences

Another subtle driver of discrimination is the perceived preference of customers, clients, or even coworkers. For instance, an employer might believe that customers prefer to be served by younger, able-bodied, or white employees — and act accordingly.

Both the WLAD and associated Federal law is clear: employers cannot base employment decisions on customer preferences if those preferences reflect discriminatory bias based on protected class. The WLAD, Title VII, and related statutes do not carve out exceptions for such customer prejudices, no matter how commercially persuasive they might seem.

5. Inadequate Training and Compliance Infrastructure

In some cases, discrimination arises from negligence rather than malice. Employers may lack proper training, or they may fail to implement strong compliance programs that prevent bias from creeping into decision-making. This lack of oversight can result in systematic discrimination that violates state laws — even when no single person intends harm.

The legal lesson is clear: intent is not always required for liability. Under state-based disparate impact theories, a neutral policy or practice that disproportionately harms a protected class can trigger legal consequences, regardless of motive.

6. Combating Discrimination Proactively

For employers, the risk of litigation, reputational damage, and financial penalties should be motivation enough to root out discriminatory practices. For attorneys and compliance professionals, understanding these underlying causes can guide better training, policy design, and internal investigations.

Proactive strategies include but are not limited to:

• Mandatory implicit bias training for hiring managers;
• Structured interviews and standardized evaluations;
• Diversity audits and statistical monitoring;
• Clear, well-enforced anti-discrimination policies.

Conclusion

Discrimination against protected classes is rarely as blatant as it once was — but it is no less real. Whether driven by unconscious bias, flawed business logic, or misplaced priorities, discriminatory practices persist in ways that can expose employers to serious legal risk. Legal professionals must remain vigilant, not only in litigating claims but also in helping organizations recognize and eliminate the subtle forces that sustain inequality.

And for those Washington State employers that fail to heed these warnings: You may find me as opposing counsel in a lawsuit against your organization.

READ OUR RELATED ARTICLES

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

» Title VII of the Civil Rights Act of 1964

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

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–gw

June 7, 2025October 8, 2025

Constructive Discharge Is an Adverse Employment Action (9th Circuit)

Is constructive discharge considered an adverse employment action in the 9th Circuit? Here’s my point of view.

(IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our external blog or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.)

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Constructive Discharge (or Termination)

In Washington State, resignation from employment is presumed to be voluntary. Molsness v. City of Walla Walla, 84 Wn. App. 393, 398, 928 P.2d 1108 (1996) (citing Sneed v. Barna, 80 Wn. App. 843, 912 P.2d 1035 (1996)). The legal theory of constructive discharge allows plaintiffs to rebut that presumption under both state (i.e., Washington Law Against Discrimination) and federal law (i.e., Title VII and Section 1981).

Constructive Discharge Is an Adverse Employment Action (9th Circuit)

The Ninth Circuit broadly defines an “adverse employment action” as “any action ‘reasonably likely to deter employees from engaging in protected activity.’” Pardi v. Kaiser Found. Hosps., 389 F.3d 840, 850 (9th Cir. 2004) (quoting Ray v. Henderson, 217 F.3d 1234, 1243 (9th Cir. 2000); see also Poland v. Chertoff, 494 F.3d 1174, 1180 (9th Cir. 2007)). “A constructive discharge–if proven–constitutes an adverse employment action.” Jordan v. Clark, 847 F.2d 1368, 1377 n.10 (9th Cir. 1988) (hyperlink added).

Accordingly, plaintiffs typically use constructive discharge to support viable legal theories of employment discrimination that require adverse employment actions to establish a prima facie case.

Read our related articles

» Effective Date for Constructive Discharge

» What Is Constructive Termination in WA State?

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-gw

June 5, 2025

Employment Law 101: Settlement Agreements

In Washington State, what are settlement agreements within the context of employment-law litigation? Here’s my point of view.

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Finality Through Compromise: The Role of Settlement Agreements in Employment Law

In employment disputes—often emotionally charged and legally complex—settlement agreements provide a structured and efficient path toward resolution. These agreements, rooted in the well-established principles of contract law, allow employers and employees to avoid the uncertainty and expense of protracted litigation. Courts in Washington, and across the country, consistently support settlements as essential tools for resolving workplace disputes with finality and fairness.

Settlement Agreements: Contracts with Legal Weight

Settlement agreements in the employment context function as legally enforceable contracts and are governed by traditional contract principles—requiring offer, acceptance, consideration, and mutual assent. See Elgiadi v. Wash. State Univ. Spokane, 519 P.3d 939, 941 (Wash. App. 2022) (citing Stottlemyre v. Reed, 35 Wn. App. 169, 171, 665 P.2d 1383 (1983)).

Whether resolving a wrongful termination claim, a wage dispute, or allegations of workplace discrimination, the settlement process formalizes the parties’ agreement to dismiss legal claims in exchange for agreed-upon terms. Once executed, these contracts carry binding legal effect, providing closure and clarity for both employer and employee.

Mutual Concessions: The Nature of Employment Settlements

Employment settlements, like all compromises, involve mutual concessions with parties typically accepting less than what they believe they are entitled to in order to avoid the risks and burdens of litigation. See id. (citing Harding v. Will, 81 Wn.2d 132, 138, 500 P.2d 91 (1972); Strozier v. General Motors Corp., 635 F.2d 424, 425 (5th Cir. 1981); 15B AM. JUR. 2D COMPROMISE AND SETTLEMENT AGREEMENTS § 1 (2021)).

This is particularly true in employment disputes, where the cost of litigation, the unpredictability of jury verdicts, and the reputational stakes for both parties can be substantial. Employees may choose to settle for a guaranteed financial payment rather than risk a less favorable outcome at trial. Employers, in turn, often settle to avoid continued liability, disruption to business operations, and additional legal fees. See id. at 942.

A Strong Public Policy Favoring Settlement

Washington courts have repeatedly emphasized the strong public policy favoring settlements “and the finality they afford.” Id. at 941 (citing Haller v. Wallis, 89 Wash.2d 539, 544, 573 P.2d 1302 (1978)). Accordingly, “Washington jurisprudence recognizes a strong public policy encouraging settlements.” Id. at 941-42 (citing Am. Safety Cas. Ins. Co. v. City of Olympia, 162 Wash.2d 762, 772, 174 P.3d 54 (2007); City of Seattle v. Blume, 134 Wash.2d 243, 258, 947 P.2d 223 (1997); Seafirst Ctr. Ltd. P’ship v. Erickson, 127 Wash.2d 355, 366, 898 P.2d 299 (1995)).

In the employment context, this policy promotes quicker resolution of disputes, helping both parties move forward. It also supports a more cooperative legal environment—one that encourages dialogue and resolution rather than extended confrontation. Ultimately, settlements benefit the legal system by conserving judicial resources and providing certainty to the parties involved.

Finality: The Cornerstone of Settlement

A key aspect of any employment settlement agreement is finality. As emphasized in Haller v. Wallis, 89 Wash.2d at 544, 573 P.2d 1302, the legal system disfavors attempts to reopen resolved disputes. Once a settlement is reached and claims are released, the employer should be protected from further liability regarding the same issues.

This principle is especially important for employers, who often settle in order to eliminate the ongoing costs and uncertainties of litigation. Allowing a plaintiff to revisit settled claims would defeat the entire purpose of compromise, exposing employers to renewed legal exposure after paying to resolve the matter.

To ensure finality, settlement agreements in employment cases typically include comprehensive release of claims clauses. These provisions explicitly bar the employee from bringing future claims arising out of the same employment relationship or incident—giving employers the legal certainty they need to close the book on the dispute.

Conclusion

In employment law, where legal claims can carry high financial and reputational stakes, settlement agreements offer a vital path to resolution. Governed by contract principles and bolstered by strong public policy, these agreements serve both employer and employee by delivering certainty, efficiency, and finality. For employers and counsel alike, understanding the enforceability and purpose of settlement agreements is essential in navigating the complex world of workplace disputes.

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

» Illegal Contracts in Washington State

» Interpreting Releases in Washington State*

» The Adhesion Contract*

» Unenforceable Employment-Contract Provisions and Discrimination Claims*

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» WA State Contracts & the Context Rule*

» Washington Contract Law and Sham Consideration*

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–gw

April 24, 2025April 24, 2025

Citation to Unpublished Opinions

Under Washington State Court Rules, may a party to a lawsuit cite as authority an unpublished appellate court opinion? Here’s my point of view.

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CITATION TO UNPUBLISHED OPINIONS — GR 14.1

In the legal world, not all opinions are created equal—especially when it comes to citing them in court. Washington’s General Rule (GR) 14.1* outlines how lawyers and judges can (and can’t) use unpublished opinions, both from Washington and other jurisdictions. The relevant rule states as follows:

GR 14.1
CITATION TO UNPUBLISHED OPINIONS

(a) Washington Court of Appeals. Unpublished opinions of the Court of Appeals are those opinions not published in the Washington Appellate Reports. Unpublished opinions of the Court of Appeals have no precedential value and are not binding on any court. However, unpublished opinions of the Court of Appeals filed on or after March 1, 2013, may be cited as nonbinding authorities, if identified as such by the citing party, and may be accorded such persuasive value as the court deems appropriate.

(b) Other Jurisdictions. A party may cite as an authority an opinion designated “unpublished,” “not for publication,” “non-precedential,” “not precedent,” or the like that has been issued by any court from a jurisdiction other than Washington state, only if citation to that opinion is permitted under the law of the jurisdiction of the issuing court.

(c) Citation of Unpublished Opinions in Subsequent Opinions. Washington appellate courts should not, unless necessary for a reasoned decision, cite or discuss unpublished opinions in their opinions.

(d) Copies of Unpublished Opinions. The party citing an unpublished opinion from a jurisdiction other than Washington shall file and serve a copy of the opinion as an appendix to the pleading in which the authority is cited.

GR 14.1* (emphasis added). Here’s a quick breakdown of what this rule means.

What Are Unpublished Opinions?

In Washington, unpublished opinions from the Court of Appeals are those that aren’t published in the official Washington Appellate Reports. Traditionally, these opinions don’t carry any precedential weight, meaning they aren’t binding on future cases.

Can They Be Cited?

Yes, but with conditions. If the unpublished opinion was filed on or after March 1, 2013, it can be cited—but only as nonbinding authority. The person citing it must clearly label it as such. Courts may consider the opinion’s reasoning persuasive, but they’re not required to follow it.

What About Opinions from Other States?

Washington courts will accept citations to unpublished or non-precedential opinions from other jurisdictions only if the rules of that jurisdiction allow it. So, it’s important to check the laws of the originating court before citing.

Washington Courts Using Unpublished Opinions

Interestingly, Washington appellate courts generally avoid citing unpublished opinions themselves. They’re encouraged to do so only when it’s necessary for making a well-reasoned decision.

One Last Requirement

If you’re citing an unpublished opinion from outside Washington, you’ll need to include a copy of it as an appendix to your filing and properly serve the same. This ensures everyone involved has access to the full context of the case.

FINAL THOUGHTS

GR 14.1 strikes a balance: it allows legal professionals to reference unpublished opinions without giving them undue weight. It opens the door to persuasive arguments while preserving the integrity of Washington’s published case law.

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