Under Washington Law Against Discrimination (WLAD), RCW 49.60, what are protected classes for purposes of employment-discrimination claims? Here’s my point of view.
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WASHINGTON LAW AGAINST DISCRIMINATION (WLAD): EMPLOYMENT DISCRIMINATION
Under the WLAD, individuals have a right to be free from discrimination because of membership in a protected class. See RCW 49.60.030(1). This is recognized as and declared to be a civil right. Id. This right includes, but is not limited to the right to obtain and hold employment without discrimination. RCW 49.60.030(1)(a).
PROTECTED CLASSES
Accordingly, WLAD prohibits unfair employment practices against persons on account of any of the following protected classifications:
1. Age (40+)
2. Creed
3. Citizenship or Immigration Status
4. HIV/AIDS and Hepatitis C Status
5. Honorably Discharged Veteran or Military Status
8. Presence of any Sensory, Mental, or Physical Disability
9. Race or Color
11. Sexual Orientation, including Gender Identity
12. State Employee or Health Care Whistleblower Status
13. Unlawful Retaliation (it is an unfair practice for an employer to retaliate against an employee because the employee complained about job discrimination or assisted with a job discrimination investigation or lawsuit)
14. Use of a Trained Dog Guide or Service Animal
WLAD REMEDIES
Pursuant to WLAD:
Any person deeming himself or herself injured by any act in violation of … [WLAD] shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys’ fees or any other appropriate remedy authorized by this chapter or the United States Civil Rights Act of 1964 as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.).
RCW 49.60.030(2)
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