LAW OFFICE OF GREGORY A. WILLIAMS

March 20, 2025March 20, 2025

Definition of Demonstrates (Title VII)

Under Title VII of the Civil Rights Act of 1964, what is the definition of the term “demonstrates”? 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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TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

Title VII of the Civil Rights Act of 1964 (hereinafter, “Title VII”) is a vital federal law that protects certain individuals (including employees) against certain types of discrimination and retaliation; it also safeguards certain types of accommodations.

DISCRIMINATION AND PROTECTED CLASSES

Title VII outlaws discrimination against individuals on the basis of race, color, religion, national origin, or sex (including pregnancy and related conditions, sexual orientation, and gender identity). The law “also makes it unlawful to use policies or practices that seem neutral but have the effect of discriminating against people because of their race, color, religion, sex (including pregnancy and related conditions, sexual orientation, and gender identity), or national origin.” U.S. Department of Justice Website, Laws We Enforce* (last visited 1/10/23).

AGE & DISABILITY: Other federal laws protect against age discrimination (i.e., Age Discrimination in Employment Act or “ADEA”) and disability discrimination (i.e., Americans with Disabilities Act or “ADA”). However, this article will address solely Title VII.

RETALIATION

Retaliation against an individual who has reported discrimination, filed a charge of discrimination, or taken part in an employment discrimination investigation or litigation is likewise prohibited by Title VII.

REASONABLE ACCOMMODATIONS

Lastly, applicants’ and employees‘ genuinely held religious practices must be reasonably accommodated by employers under the legislation, unless doing so would put an undue burden on the employer‘s ability to conduct business.

SCOPE OF TITLE VII

Title VII applies to certain employers (both private and public with 15 or more employees), employment agencies, labor organizations, and training programs and makes it “unlawful to discriminate in any aspect of employment, including:

» Hiring and firing;
»Compensation, assignment, or classification of workers;
»Transfer, promotion, layoff, or recall;
»Job advertisements and recruitment;
»Testing;
»Use of employer facilities;
»Training and apprenticeship programs;
»Retirement plans, leave, and benefits; or
»Other terms and conditions of employment.

U.S. Department of Justice Website, Laws We Enforce* (last visited 1/10/23) (emphasis added).

TITLE VII DEFINITION OF “DEMONSTRATES”

Title VII defines the term “demonstrates” as follows:

…

(m) The term “demonstrates” means meets the burdens of production and persuasion.

42 U.S.C. § 2000e(m)*. Victims of discrimination in violation of Title VII may seek enforcement through the United States Equal Employment Opportunity Commission.

ENFORCEMENT

“The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws[, including Title VII,] that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy and related conditions, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.” US E.E.O.C. Website, Overview* (last visited 1/10/23).

Learn more about filing a charge of discrimination with the EEOC* by visiting their official website*.

We invite you to read more of our related blog articles:

» EEOC: The Notice of Right to Sue

» Fair Employment Practice Agencies

» The Intersection of WSHRC and EEOC*

» Unlawful Employment Agency Practices (Title VII)

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If you need legal help, then consider contacting an experienced employment attorney to discuss your case; our law office litigates claims under the Washington Law Against Discrimination, Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. 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 15, 2025April 17, 2025

Presumption of Acquiescence

Under Washington State canons of statutory construction, what is the canon regarding presumption of acquiescence? Here’s my point of view.

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

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PRESUMPTION OF ACQUIESCENCE

Under the Presumption-of-Acquiescence canon, “Legislative silence regarding the construed portion of the statute in a subsequent amendment creates a presumption of acquiescence in that construction.” Dailey v. North Coast Life Insurance Company, 129 Wn.2d 572, 581 (Wash. 1996) (Talmadge, J., concurring) (concluding that the Washington State Legislature “clearly understood it was adopting exemplary damages as part of Washington’s antidiscrimination law when it amended RCW 49.60.030(2) in 1993 and 1995.” (citing Baker v. Leonard, 120 Wash.2d 538, 545, 843 P.2d 1050 (1993). State v. Ritchie, 126 Wash.2d 388, 393, 894 P.2d 1308 (1995). See also State v. Young, 125 Wash.2d 688, 696, 888 P.2d 142 (1995); In re King County Foreclosure of Liens, 117 Wash.2d 77, 86, 811 P.2d 945 (1991) (“the Legislature is presumed to know existing case law in areas in which it is legislating”))). Id.

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

-gw

March 13, 2025March 20, 2025

WSHRC: Organization and Operations

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

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WSHRC: ORGANIZATION AND OPERATIONS

“Regulations of executive branch agencies are issued by authority of statutes. Like legislation and the Constitution, regulations are a source of primary law in Washington State.” Official Washington State Legislature Website, https://app.leg.wa.gov/WAC/default.aspx*, (last visited 3/13/25). The WSHRC regulations concerning its organization and operations are categorized as follows: (1) Membership; (2) Meetings; (3) Quorum; (4) Executive Director; (5) Authority and Duty; (6) Offices; (7) Where to obtain information; and (8) Where to make submissions or requests. See WAC 162-04-020*.

(1) Membership

“The Washington state human rights commission consists of five members, one of whom is designated as chairperson, appointed by the governor for staggered five-year terms.” WAC 162-04-020(1)*.

(2) Meetings

“The commission holds regular meetings commencing at 9:30 a.m. on the fourth Thursday of each month, except for November and December, at various places throughout the state. No regular meeting is held in August. The place and dates of the meetings can be learned by writing or calling the commission clerk at the Olympia office at (360) 753-6770.” WAC 162-04-020(2)*.

(3) Quorum

“Three members constitute a quorum. The affirmative vote of a majority of those present is action of the commission when there is a quorum at a meeting.” WAC 162-04-020(3)*.

(4) Executive director

“The executive director is the commission’s chief executive. [This individual] … is responsible for carrying out the commission’s programs and directing the commission’s staff.” WAC 162-04-020(4)*.

(5) Authority and duty

“It is the commission’s duty to administer the law against discrimination, chapter 49.60* RCW, which has as its purpose the elimination and prevention of discrimination because of race, creed, color, national origin, sex, marital status, age or handicap [sic]. The commission has the authority and duty to, among other things:

(a) Study and report on all things having an impact on human rights;

(b) Make recommendations to the governor, legislature, and agencies of state and local government;

(c) Create advisory agencies and conciliation councils;

(d) In the areas of employment, public accommodations, real property transactions, credit transactions and insurance transactions, initiate, receive and process complaints of unfair practices, hold hearings, issue orders, and seek enforcement of the orders in court.

WAC 162-04-020(5)* (emphasis and paragraph formatting added).

(6) Offices

“The commission’s principal office is 402 Evergreen Plaza Building, Seventh and Capitol Way, Olympia, Washington 98504-3341. Branch offices are maintained at the following locations:

Seattle:
1516 Second Avenue
Suite 400
Seattle, Washington 98101

Spokane:
W. 905 Riverside Ave.
Suite 416
Spokane, Washington 99201-1099

Tacoma:
Suite 110 Hess Building
901 Tacoma Avenue South
Tacoma, Washington 98402-2101

Yakima:
Washington Mutual Bldg.
Suite 441
32 No. Third St.
Yakima, Washington 98901-2730

WAC 162-04-020(6)* (emphasis and paragraph formatting added).

(7) Where to obtain information

“Information on the application of the law against discrimination and related material is available at all offices of the commission. Information that branch offices are not able to supply may be obtained from the clerk at the Olympia office.” WAC 162-04-020(7)*.

(8) Where to make submissions or requests

“In circumstances where no special provision is made by rule in this Title 162* WAC, submissions or requests to the commission may be directed to the executive director at either the Olympia or Seattle office.” WAC 162-04-020(8)*.

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

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-gw

March 6, 2025March 20, 2025

The Tort of Battery

Under Washington State laws, what is the tort of battery? Here’s my point of view.

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THE TORT OF BATTERY (WA STATE)

A tort is “[a] civil wrong, other than breach of contract, for which a remedy may be obtained, usu. in the form of damages; a breach of a duty that the law imposes on persons who stand in a particular relation to one another.” Black’s Law Dictionary 1526 (8th ed. 2004). The tort of “‘battery’ is an intentional and unpermitted contact with the plaintiff’s person.” Kumar v. Gate Gourmet, Inc., 180 Wn.2d 481, 504, 325 P.3d 193 (Wash. 2014).

THE ELEMENTS

“A defendant is liable for battery if[:]

(a) he [or she] acts intending to cause a harmful or offensive contact with the [plaintiff or a third party], or an imminent apprehension of such contact, and

(b) a harmful or offensive contact with the [plaintiff] directly or indirectly results.

Id. (citing Restatement (Second) of Torts § 13 (1965)) (second-fourth alterations in original) (internal quotation marks omitted) (emphasis added).

Thus, “[a] person … commits a battery where he or she performs [a]n act which, directly or indirectly, is the legal cause of a harmful contact with another’s person and that act is intentional, is not consented to, and is otherwise unprivileged.” Id. at 504 (second alteration in original) (internal citations an quotation marks omitted).

Battery cases often involve one or more of the following Issues: (1) offensive bodily contact, (2) intent, (3) force, and (4) fraud/duress.

(1) OFFENSIVE BODILY CONTACT

In Washington, “[a] bodily contact is offensive if it offends a reasonable sense of personal dignity.” Id. (citing Restatement (Second) of Torts § 19). “Thus, an offensive contact does not have to result in physical injury to constitute a battery.” Id. (referencing Seigel v. Long, 169 Ala. 79, 53 So. 753 (1910) (“facts established claim for battery where defendant pushed plaintiff’s hat back in order to see his face”); Crawford v. Bergen, 91 Iowa 675, 60 N.W. 205 (1894) (“facts established claim for battery where defendant placed his hand on the plaintiff’s shoulder and asked him an insulting question”)).

Nature of the Contact: “[T]he ‘contact’ element of a battery is simply a harmful or an offensive contact with the plaintiff; thus, a battery can occur where, for example, the plaintiff comes in harmful contact with the ground but never touches the defendant.” Id. at 504 (internal citation omitted).

(2) INTENT

“[T]he ‘intent’ element of battery is satisfied where a defendant knows to a ‘substantial certainty’ that his actions will result in the harmful or offensive touching.” Id. at 504-05 (internal citation omitted).

(3) FORCE

“‘[F]orce’ is not an element of battery.” Id. at 504 (internal citation omitted).

(4) FRAUD/DURESS

“A person therefore commits a battery where he or she performs [a]n act which, directly or indirectly, is the legal cause of a harmful contact with another’s person and that act is intentional, is not consented to, and is otherwise unprivileged.” Id. at 504 (alteration in original) (internal citations an quotation marks omitted). “These elements are met where the plaintiff’s consent to the contact is procured by fraud or duress.” Id. at 505 (internal citations omitted).

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-gw

March 6, 2025March 6, 2025

What are the elements of Negligent Hiring in WA State?

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FAQ: What are the elements of Negligent Hiring in WA State?

answer:

To successfully litigate an employment-based negligence claim, the plaintiff must establish the basic elements of negligence: duty; breach of duty; causation; and damages. In 2018, the Washington State Supreme Court* established the test (“Test”) for negligent hiring of an employee by adopting the following formulation used by the Courts of Appeals:

[T]o hold an employer liable for negligently hiring … an employee who is incompetent or unfit, a plaintiff must show that the employer had knowledge of the employee’s unfitness or failed to exercise reasonable care to discover unfitness before hiring or retaining the employee.

Anderson v. Soap Lake Sch. Dist., 423 P.3d 197, 206 (Wash. 2018) (citing Scott v. Blanchet High Sch., 50 Wash. App. 37, 43, 747 P.2d 1124 (1987) ; see also Carlsen v. Wackenhut Corp., 73 Wash. App. 247, 252, 868 P.2d 882 (1994) (“To prove negligent hiring in Washington, the plaintiff must demonstrate that … the employer knew or, in the exercise of ordinary care, should have known, of its employee’s unfitness at the time of hiring.”)) (internal quotation marks omitted).

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

» Negligent Hiring (WA State)

» Negligent Retention (WA State)

» Negligent Supervision (WA State)

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.

February 27, 2025

What are the elements of Negligent Supervision in WA State?

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FAQ: What are the elements of Negligent Supervision in WA State?

answer:

To establish a prima facie case of negligent supervision, a plaintiff must show:

(1) an employee acted outside the scope of his or her employment;

(2) the employee presented a risk of harm to other employees;

(3) the employer knew, or should have known of the risk in the exercise of reasonable case that the employee posed a risk to others; and

(4) the employer’s failure to supervise was the proximate cause of injuries to other employees.

Briggs v. Nova Services, 135 Wn. App. 955, 966-67, 147 P.3d 616 (2006) (internal citations omitted) (paragraph formatting added).

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

» Negligent Hiring (WA State)

» Negligent Retention (WA State)

» Negligent Supervision (WA State)

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February 26, 2025February 26, 2025

The Litigation Privilege (WA State)

In Washington State, what is the litigation privilege? Here’s my point of view.

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THE LITIGATION PRIVILEGE (WA STATE)

In Washington State, “[t]he ‘litigation privilege’ is a judicially created privilege that protects participants—including attorneys, parties, and witnesses—in a judicial proceeding against civil liability for statements they make in the course of that proceeding.” Young v. Rayan, 27 Wn.App. 2d 500, 533 P.3d 123 (Wash. App. 2023), review denied, 2 Wash.3d 1008 (Wash. 2023) (internal citations omitted).

witness immunity

When applied to witnesses, this privilege is often referred to as “witness immunity.” See id. Under this principle, witnesses in judicial proceedings are generally granted absolute immunity from legal action based on their testimony, provided their statements are related to the litigation at hand. See id. “Statements are absolutely privileged if they are pertinent or material to the redress or relief sought, whether or not the statements are legally sufficient to obtain that relief.” Id. (internal citation and quotation marks omitted).

EXCEPTIONS TO THE PRIVILEGE

However, statements that are unrelated to the litigation do not receive this protection; not every incidental remark made in court will escape liability. See id. But the threshold for determining relevance is not overly stringent: “As the Restatement (Second) of Torts indicates, a statement ‘need not be strictly relevant to any issue’ so long as it bears ‘some reference to the subject matter of the … litigation.'” Id. (citing RESTATEMENT § 586, comment c).

THE GENERAL RULE

Thus, the Litigation Privilege “prohibits liability stemming from statements

(1) made in the course of a judicial proceeding

(2) that are pertinent to the litigation.

Id. “Pertinency is a question of law reviewed de novo.” Id. (internal citation omitted).

THE POLICY

“The purpose of the litigation privilege doctrine is to encourage frank, open, untimorous argument and testimony and to discourage retaliatory, derivative lawsuits.” Id.

ATTORNEYS

“As applied to attorneys, it furthers ‘a public policy of securing to [counsel] as officers of the court the utmost freedom in their efforts to secure justice for their clients.’” Id. (internal quotation marks and citations omitted) (alteration in original).

WITNESS TESTIMONY

“As applied to witness testimony, it preserves ‘the integrity of the judicial process by encouraging full and frank testimony.'” Id. (internal citations omitted). “The rule addresses the concern that a witness may either be reluctant to come forward to testify in the first place or shade their testimony ‘to magnify uncertainties, and thus to deprive the finder of fact of candid, objective, and undistorted evidence.'” Id. (internal citation omitted).

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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.

February 20, 2025February 24, 2025

Definition of Tort

Under Washington State laws, what is the definition of the term “tort”? Here’s my point of view.

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DEFINITION OF THE TERM “TORT”

Black’s Law Dictionary (Deluxe Eighth Edition) defines the term “tort” as follows:

[1.] A civil wrong, other than breach of contract, for which a remedy may be obtained, usu. in the form of damages; a breach of a duty that the law imposes on persons who stand in a particular relation to one another. [2.] … The branch of law dealing with such wrongs.

Id. at 1526. Thus, a civil wrong other than breach of contract is called a “tort”; correspondingly, a criminal wrong is called a “crime.”

EXAMPLES OF TORTS COMMONLY LITIGATED WITH CLAIMS UNDER EMPLOYMENT DISCRIMINATION LAWS

Examples of torts commonly litigated with claims under employment-discrimination laws include, but are not limited to the following:

1. Negligent Hiring

2. Negligent Infliction of Emotional Distress*

3. Negligent Misrepresentation

4. Negligent Retention

5. Negligent Supervision

6. The Tort of Battery

7. The Tort of Outrage (Intentional Infliction of Emotional Distress)

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February 14, 2025July 24, 2025

WSHRC: Concurrent Remedies

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

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I. Understanding WAC 162-08-062: Concurrent Remedies Under Washington’s Law Against Discrimination

Washington State’s commitment to eradicating discrimination is firmly established under the Washington Law Against Discrimination (WLAD), codified in Chapter 49.60* RCW. A critical regulation within this framework is WAC 162-08-062*, which clarifies how individuals may pursue remedies when facing unlawful discrimination, particularly when multiple legal avenues are available.

This regulation addresses the doctrine of concurrent remedies, ensuring complainants understand how administrative, civil, and criminal processes intersect under state law. It states as follows:

WAC 162-08-062
Concurrent remedies—Other remedies.

Except as otherwise provided by RCW 49.60.340*, the law against discrimination preserves the right of a complainant or aggrieved person to simultaneously pursue other available civil or criminal remedies for an alleged violation of the law in addition to, or in lieu of, filing an administrative complaint of discrimination with the commission, with the following limitations:

(1) Abeyance—Real estate transactions. A complaint of an unfair practice in a real estate transaction filed concurrently with the commission and another federal, state or local instrumentality with whom the commission has entered into a cooperative agreement under the terms of RCW 49.60.226* or other provision of law will be held in abeyance during the pendency of the other proceeding unless the other proceeding has been deferred pending state action under the terms of the cooperative agreement.

(2) Abeyance—General rule. A complaint of an unfair practice other than in real estate transactions will be held in abeyance during the pendency of a case in federal or state court litigating the same claim, whether under the law against discrimination or a similar law, unless the executive director or the commissioners direct that the complaint continue to be processed. A complaint of an unfair practice other than in real estate transactions will not be held in abeyance during pendency of a federal, state, or local administrative proceeding, unless the executive director or commissioners determine that it should be held in abeyance.

(3) No complainant or aggrieved person may secure relief from more than one governmental agency, instrumentality or tribunal for the same harm or injury.

(4) Where the complainant or aggrieved person elects to pursue simultaneous claims in more than one forum, the factual and legal determinations issued by the first tribunal to rule on the claims may, in some circumstances, be binding on all or portions of the claims pending before other tribunals.

WAC 162-08-062* (emphasis added). Here’s a breakdown of the key provisions:

II. Breakdown of Key Provisions — WAC 162-08-062

1. Right to Pursue Other Remedies

The core principle of WAC 162-08-062* is that individuals alleging discrimination are not limited to filing a complaint with the WSHRC. Instead, they retain the right to simultaneously pursue:

• Civil litigation, such as filing a lawsuit in state or federal court.

• Criminal complaints, if applicable.

• Other administrative proceedings, including those conducted by local human rights agencies or federal bodies like the EEOC.

This right is preserved except where otherwise limited by RCW 49.60.340*, which pertains to the exclusivity of certain remedies under collective bargaining agreements.

2. Real Estate Complaints and Cooperative Agreements

Under subsection (1), discrimination complaints involving real estate transactions are subject to special treatment. If a complainant files a real estate discrimination complaint both with the WSHRC and another agency (e.g., HUD) with whom the WSHRC has a cooperative agreement, the state complaint will generally be held in abeyance—or temporarily paused—while the other agency investigates.

This provision avoids duplicative investigations and streamlines enforcement when multiple agencies have jurisdiction. However, if the cooperating agency defers to the state under the terms of their agreement, the WSHRC will proceed with the case.

3. General Rule for Other Claims

In non-real estate discrimination cases, if the same claim is being actively litigated in a state or federal court, the WSHRC will typically pause its investigation unless the Executive Director or Commission decides it should continue.

However, if the matter is pending in another administrative forum, the WSHRC will generally continue its investigation unless the leadership determines a pause is appropriate. This flexibility helps prevent inconsistent findings and conserves public resources.

4. Single Recovery Rule

Per subsection (3), a complainant cannot obtain relief from multiple government entities for the same harm or injury. This prevents double recovery—a legal concept that bars individuals from receiving overlapping damages from different sources for a single injury.

For example, a successful damages award from a federal court bars a separate damages award for the same incident from the WSHRC or a local human rights agency.

5. Binding Effect of First Decision

Finally, subsection (4) warns complainants of the potential legal implications of pursuing claims in multiple forums. When different tribunals review the same set of facts and legal issues, the first body to issue a ruling may have a binding effect on subsequent proceedings.

This could mean that factual or legal determinations made in one forum may limit or preclude arguments in another—particularly under the doctrines of res judicata or collateral estoppel.

III. Conclusion

WAC 162-08-062* reflects Washington State’s effort to offer flexibility to discrimination complainants while maintaining the integrity and efficiency of its administrative and judicial systems. By allowing—but carefully regulating—concurrent remedies, the law ensures access to justice without unnecessary duplication or conflicting outcomes. Anyone considering multiple legal paths should do so with a full understanding of both their rights and responsibilities under the law.

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

February 13, 2025February 13, 2025

What are the elements of Disparate Impact in WA State?

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

answer:

The Washington State Supreme Court “has held that the WLAD [(Washington Law Against Discrimination]) creates a cause of action for disparate impact.” Kumar v. Gate Gourmet, Inc., 180 Wn.2d 481, 503, 325 P.3d 193 (Wash. 2014) (citing E-Z Loader Boat Trailers, Inc. v. Travelers Indem. Co., 106 Wn.2d 901, 909, 726 P.2d 439 (1986)) (hyperlinks added).

“To establish a prima facie case of disparate impact, the plaintiff must show that[:]

(1) a facially neutral employment practice

(2) falls more harshly on a protected class.

Id. at 503 (citing Oliver v. P. Nw. Bell Tel. Co., 106 Wn.2d 675, 679, & n.1, 724 P.2d 1003 (1986)) (internal citation omitted) (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 Washington Law Against Discrimination] shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys’ fees or any other appropriate remedy authorized by this chapter* or the United States Civil Rights Act of 1964* as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601* et seq.).” RCW 49.60.030(2)*.

Read Our Related Articles

» Definition of Prima Facie Case*

» Disparate Impact

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

» Origin of the Disparate Impact Claim

» The Prima Facie Case: Disparate Impact

» What is WA State’s law against employment discrimination?

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

TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

DISCRIMINATION AND PROTECTED CLASSES

RETALIATION

REASONABLE ACCOMMODATIONS

SCOPE OF TITLE VII

TITLE VII DEFINITION OF “DEMONSTRATES”

ENFORCEMENT

READ MORE

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PRESUMPTION OF ACQUIESCENCE

LEARN MORE

WSHRC: ORGANIZATION AND OPERATIONS

(1) Membership

(2) Meetings

(3) Quorum

(4) Executive director

(5) Authority and duty

(6) Offices

(7) Where to obtain information

(8) Where to make submissions or requests

RELATED ARTICLES

LEARN MORE

THE TORT OF BATTERY (WA STATE)

THE ELEMENTS

(1) OFFENSIVE BODILY CONTACT

(2) INTENT

(3) FORCE

(4) FRAUD/DURESS

LEARN MORE

FAQ: What are the elements of Negligent Hiring in WA State?

answer:

RELATED ARTICLES

NEED HELP?

FAQ: What are the elements of Negligent Supervision in WA State?

answer:

RELATED ARTICLES

NEED HELP?

THE LITIGATION PRIVILEGE (WA STATE)

witness immunity

EXCEPTIONS TO THE PRIVILEGE

THE GENERAL RULE

THE POLICY

ATTORNEYS

WITNESS TESTIMONY

LEARN MORE

DEFINITION OF THE TERM “TORT”

EXAMPLES OF TORTS COMMONLY LITIGATED WITH CLAIMS UNDER EMPLOYMENT DISCRIMINATION LAWS

need help?

I. Understanding WAC 162-08-062: Concurrent Remedies Under Washington’s Law Against Discrimination

II. Breakdown of Key Provisions — WAC 162-08-062

1. Right to Pursue Other Remedies

2. Real Estate Complaints and Cooperative Agreements

3. General Rule for Other Claims

4. Single Recovery Rule

5. Binding Effect of First Decision

III. Conclusion

RELATED ARTICLES

LEARN MORE

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

answer:

WLAD REMEDIES

Read Our Related Articles

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