LAW OFFICE OF GREGORY A. WILLIAMS

January 16, 2025January 16, 2025

Definition of Hearsay (WA State)

Under Washington State laws, what is the definition of hearsay? 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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Definition of Hearsay (WA State)

In the legal profession, there are specific guidelines that dictate how evidence can be used and presented in court. One such guideline involves hearsay, a rule that is central to maintaining fairness and ensuring that the evidence admitted is credible. Washington State law generally follows the principle of excluding hearsay, though there are notable exceptions (NOTE: this article will not address those exceptions). A clear understanding of what hearsay entails, particularly in the context of Washington law, is crucial for litigators.

Rule 801: What Constitutes Hearsay?

In Washington State, Evidence Rule (ER) 801 defines hearsay as follows:

…

(c) Hearsay. “Hearsay” is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

ER 801(c)*. In simpler terms, this means that if someone is recounting what they heard or read from another person, that statement is generally regarded as hearsay. (NOTE: Within the ER 801 definition, the term “statement” means “(1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion.” Id.* And the term “declarant” means “a person who makes a statement.” Id.*)

example

Thus, Hearsay is essentially an out-of-court statement offered to prove the truth of what is being asserted. In other words, it involves a statement made outside the courtroom, brought into court to establish that the information in the statement is accurate. As a general rule, hearsay is typically not allowed in court due to its inherent unreliability. Since these statements are not made under oath or subjected to cross-examination, they do not undergo the same level of scrutiny as in-court testimony, which can raise questions about their accuracy.

For instance, if a witness testifies, “I overheard my co-worker John say he saw Manager Smith covertly sabotage the plaintiff’s work,” this would be considered hearsay. The purpose of the statement is to prove that manager Smith was indeed the individual that set up the plaintiff for failure. However, since co-worker John is not available to testify in person and be questioned, the statement is generally excluded as unreliable evidence under the hearsay rule.

How Washington State Handles Hearsay

Washington State follows the foundational principles of hearsay outlined in the state’s own Rules of Evidence (specifically Rule 801). These rules provide a structure for determining when a statement qualifies as hearsay and when exceptions to the rule might apply (again, this article does not address those exceptions).

Conclusion

In conclusion, hearsay is an important concept in Washington State law that helps maintain the reliability and fairness of legal proceedings. Defined under ER 801, hearsay refers to an out-of-court statement used to prove the truth of what is being claimed. Generally, hearsay is not allowed in court because it lacks the safeguards of being made under oath or subject to cross-examination; however, there are exceptions beyond the scope of this article. A clear understanding of this rule is essential for legal professionals to ensure only credible evidence is presented in court.

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

» Proving Discrimination: The Direct-Evidence Method

» The McDonnell Douglas Burden-Shifting Framework*

» Using Circumstantial Evidence to Prove Employment Discrimination

NEED HELP?

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.

January 16, 2025January 16, 2025

Harassment & Terms or Conditions of Employment: A Closer Look

Under the Washington Law Against Discrimination (WLAD), RCW 49.60, what criteria do courts use to determine whether workplace harassment is sufficiently pervasive so as to alter the terms and conditions of employment? 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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HOSTILE WORK ENVIRONMENT (WA STATE): THE PRIMA FACIE CASE

“To establish a prima facie hostile work environment claim, a plaintiff must show the following four elements:

(1) the harassment was unwelcome,

(2) the harassment was because [plaintiff was a member of a protected class],

(3) the harassment affected the terms or conditions of employment, and

(4) the harassment is imputable to the employer.

Loeffelholz v. University of Washington*, 175 Wn.2d 264, 275 (Wash. 2012) (internal citations and quotation marks omitted) (alteration in original) (emphasis and hyperlinks added).

ELEMENT 3: TERMS OR CONDITIONS OF EMPLOYMENT

“The third element requires that the harassment be sufficiently pervasive as to alter the conditions of employment and create an abusive working environment.” Davis v. West One Automotive Group*, 140 Wn.App. 449 (Div. 3 2007), review denied, 163 Wn.2d 1039 (Wash. 2008) (citing Glasgow v. Georgia-Pac. Corp.*, 103 Wash.2d 401, 406, 693 P.2d 708 (1985)).

criteria COURTS USE to determinE WHETHER harassment affects terms or conditions of employment

The Washington State “Court of Appeals has adopted [the following] criteria ‘[t]o determine whether the harassment is such that it affects the conditions of employment …:

[a] the frequency and severity of the discriminatory conduct;

[b] whether it is physically threatening or humiliating, or a mere offensive utterance; and

[c] whether it unreasonably interferes with an employee’s work performance.'”

Blackburn v. Department of Social and Health Services*, 186 Wn.2d 250, 261 n.4 (Wash. 2016) (citing Washington v. Boeing Co., 105 Wn.App. 1, 10, 19 P.3d 1041 (2000) (citing Sangster v. Albertson’s, Inc.*, 99 Wn.App. 156, 163, 991 P.2d 674 (2000) (quoting Harris v. Forklift Sys., Inc., 510 U.S. 17, 23, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993)))) (second alteration in original) (paragraph formatting and emphasis added).

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

WLAD: Imputing Harassment to Employers*

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.

January 14, 2025January 14, 2025

Religious Affiliation Disclosure

Under the Washington Law Against Discrimination (WLAD), RCW 49.60, may an employer require religious affiliation disclosure by employees? 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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WLAD: RELIGIOUS AFFILIATION DISCLOSURE (RCW 49.60.208)

The relevant law can be found under RCW 49.60.208, and it states as follows:

Unfair practice—Religious affiliation disclosure.

It is an unfair practice for an employer to:

(1) Require an employee to disclose his or her sincerely held religious affiliation or beliefs, unless the disclosure is for the purpose of providing a religious accommodation at the request of the employee; or

(2) Require or authorize an employee to disclose information about the religious affiliation of another employee, unless the individual whose religious affiliation will be disclosed

(a) expressly consents to the disclosure, and

(b) has knowledge of the purpose for the disclosure.

Id. (emphasis and hyperlinks added).

EXCEPTION — RELIGIOUS ACCOMMODATION

Under this exception, an employer may require an employee to disclose their “sincerely held religious affiliation or beliefs” if it is for the purpose of providing an employee-requested religious accommodation. Read more about this topic by viewing our article: Failure to Accommodate Religious Practices.

EXCEPTION — BOTH EXPRESS CONSENT AND KNOWLEDGE OF PURPOSE

Under an additional exception, an employer may either authorize or require an employee (“Revealing Employee”) to reveal information about another employee’s (“Subject Employee’s”) religious affiliation if the Subject Employee both expressly consents to the disclosure and has knowledge of the reason for the revelation.

REMEDIES

Under the WLAD, “[a]ny 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

» Failure to Accommodate Religious Practices

LEARN MORE

January 12, 2025January 30, 2025

Suing Local Government: The Tort-Claim Filing Statute

Under Washington State laws, what are the requirements of the tort-claim filing statute when pursuing claims against local government? Here’s my point of view.

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SUING LOCAL GOVERNMENT — TORTIOUS CONDUCT OF LOCAL GOVERNMENT ENTITIES AND THEIR AGENTS

In Washington State, the process and requirements for individuals to initiate legal proceedings against local (as opposed to state) government entities or their subdivisions are dictated by RCW 4.96*, known as the “Actions Against Political Subdivisions, Municipal and Quasi-Municipal Corporations” statute — or, simply, the “local government tort claim filing statute.”

This legislation details the procedures for filing claims against political subdivisions and municipal bodies–such as counties, cities, towns, special districts, municipal corporations as defined in RCW 39.50.010*, quasi-municipal corporations, any joint municipal utility services authorities, any entities created by public agencies under RCW 39.34.030*, or public hospitals–ensuring that these actions are handled with transparency and fairness while safeguarding public entities from excessive legal challenges.

THE RELEVANT LAW — RCW 4.96.010

The relevant law states as follows:

RCW 4.96.010
Tortious conduct of local governmental entities—Liability for damages.

(1) All local governmental entities, whether acting in a governmental or proprietary capacity, shall be liable for damages arising out of their tortious conduct, or the tortious conduct of their past or present officers, employees, or volunteers while performing or in good faith purporting to perform their official duties, to the same extent as if they were a private person or corporation. Filing a claim for damages within the time allowed by law shall be a condition precedent to the commencement of any action claiming damages. The laws specifying the content for such claims shall be liberally construed so that substantial compliance therewith will be deemed satisfactory.

(2) Unless the context clearly requires otherwise, for the purposes of this chapter, “local governmental entity” means a county, city, town, special district, municipal corporation as defined in RCW 39.50.010*, quasi-municipal corporation, any joint municipal utility services authority, any entity created by public agencies under RCW 39.34.030*, or public hospital.

(3) For the purposes of this chapter, “volunteer” is defined according to RCW 51.12.035*.

RCW 4.96.010* (emphasis and hyperlinks added).

Presentment and filing requirements — RCW 4.96.020

The associated “Presentment and Filing” section (RCW 4.96.020*) outlines the following procedures for filing claims for damages against local governmental entities, their officers, employees, or volunteers acting in an official capacity, specifically in cases involving tortious conduct.

1. Applicability of the Law — RCW 4.96.020(1)-(2)*:

The provisions apply to all claims for damages against local governmental entities and their officials. The governing body of each entity must appoint an agent to receive claims for damages, and this agent’s identity and contact information must be recorded with the county auditor.

2. Claim Presentment — RCW 4.96.020(2)*:

Claims must be submitted to the designated agent within the applicable statute of limitations. Claims are considered presented when they are delivered in person or “received by the agent by regular mail, registered mail, or certified mail, with return receipt requested, to the agent or other person designated to accept delivery at the agent’s office.” Id. If a local government entity fails to meet these requirements, it forfeits the right to raise certain defenses.

3. Claim Form Requirements — RCW 4.96.020(3)(a)-(b)*:

Starting from July 26, 2009, claims must be filed using a standard tort claim form, which is available on the Department of Enterprise Services’ (Office of Risk Management) website, except as allowed under (c) of this subsection.. The form must include:

(a) The claimant’s name, contact information, and date of birth.

(b) A description of the incident, injury, and the circumstances surrounding it.

(c) Details such as the time and place of the incident, names of involved individuals, and the amount of damages claimed.

(d) The claimant’s current residence at the time the claim arose and when the claim is presented.

The claim must be signed by the claimant or their authorized representative.

4. Availability of Forms and Instructions — RCW 4.96.020(3)(c), (e)*:

Local entities are required to make the standard form and instructions available and the name, address, and business hours of the agent of the local governmental entity.

“If a local governmental entity chooses to also make available its own tort claim form in lieu of the standard tort claim form, the form:

(i) May require additional information beyond what is specified under this section, but the local governmental entity may not deny a claim because of the claimant’s failure to provide that additional information[.]

(ii) Must not require the claimant’s social security number; and

(iii) Must include instructions on how the form is to be presented and the name, address, and business hours of the agent of the local governmental entity appointed to receive the claim.

RCW 4.96.020(c)*. “Presenting either the standard tort claim form or the local government tort claim form satisfies the requirements of this chapter*.” RCW 4.96.020(e)* (hyperlink added).

5. Waiver for Incorrect Forms — RCW 4.96.020(3)(d)*:

If the local entity’s form does not comply with the requirements or lists the wrong agent, the entity waives any defense related to those issues, including improper claim presentation or missing information.

6. Damages Statement — RCW 4.96.020(3)(f)*:

The amount of damages specified on the claim form is not admissible at trial.

7. Waiting Period Before Filing Suit — RCW 4.96.020(4)*:

A claimant cannot file a lawsuit for tortious conduct against any local governmental entity, or against any local governmental entity’s officers, employees, or volunteers, acting in such capacity, until at least 60 calendar days after properly presenting the claim to the agent. During this 60-day period, the statute of limitations for filing a lawsuit is tolled (i.e., suspended). If a lawsuit is filed within five court days after this period, it is considered to have been filed on the first day after the 60-day waiting period.

8. Liberal Construction — RCW 4.96.020(5)*:

“With respect to the content of claims under this section and all procedural requirements in this section, this section must be liberally construed so that substantial compliance will be deemed satisfactory.” Id.

CONCLUSION

In Washington State, the local government tort-claim filing statute (i.e., RCW 4.96*) provides a structured process for filing tort claims against local governments in Washington State, with clear instructions regarding the necessary forms, deadlines, and requirements. It emphasizes a liberal approach to compliance to ensure that valid claims are not dismissed due to minor procedural issues.

READ OUR RELATED ARTICLES

» The Local Government Tort-Claim Filing Statute: Guiding Policies

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.

January 9, 2025January 9, 2025

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

Under Washington State laws, what is the definition of circumstantial evidence? Here’s my point of view.

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CIRCUMSTANTIAL EVIDENCE (WA STATE)

The concept of circumstantial evidence plays an important role in establishing claims and defenses in workplace disputes. While many people are familiar with direct evidence–such as eyewitness testimony or a signed contract–circumstantial evidence can often be just as important in shaping the outcome of a case. In the context of Washington State employment law, understanding what circumstantial evidence is and how it is applied can be essential for both employers and employees navigating disputes.

general definition

Circumstantial evidence is defined as follows:

1. Evidence based on inference and not on personal knowledge or observation. — Also termed indirect evidence; oblique evidence. … 2. All evidence that is not given by eyewitness testimony.

Black’s Law Dictionary 595 (Deluxe 8th ed. 2004) (hyperlink added). Thus, circumstantial evidence refers to evidence that indirectly supports a fact or conclusion by inferring its existence from other facts or circumstances. Unlike direct evidence, which provides straightforward proof of a claim (e.g., a video recording of an event), circumstantial evidence relies on a chain of inferences that help establish a fact or raise a presumption about an event or situation.

circumstantial evidence in employment law

In Washington State, as in many other jurisdictions, circumstantial evidence is commonly used in employment law cases to support claims of wrongful termination, discrimination, retaliation, and other workplace-related issues. In the absence of direct evidence, circumstantial evidence can be pivotal in proving or disproving an employer‘s or employee‘s allegations.