Under the Washington Law Against Discrimination (WLAD), there are several common employment-discrimination theories that plaintiffs tend to litigate. Here are my top 3 employment discrimination theories under WLAD:
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#3 – DISPARATE TREATMENT
Under the Washington Law Against Discrimination (WLAD), it is an unfair practice, with very few exceptions, for an employer to refuse to hire any person, to discharge or bar any person from employment, or to discriminate against any person in compensation or in other terms and conditions of employment because of age (40+); sex (including pregnancy); marital status; sexual orientation (including gender identity); race; color; creed; national origin; citizenship or immigration status; honorably discharged veteran or military status; HIV/AIDS and hepatitis C status; the presence of any sensory, mental, or physical disability; the use of a trained dog guide or service animal by a person with a disability; and state employee or health care whistleblower status.
It is also 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.
Disparate treatment occurs when an employer treats some people less favorably than others because of membership in a protected class. See Alonso v. Qwest Communications Co., 178 Wn.App 734, 744, 315 P.3d 610 (Div. 2 2013) (internal citations omitted).
“To establish a prima facie case, the plaintiff must show that [his/her] employer simply treats some people less favorably than others because of their protected class.” Id. (internal citations omitted) (hyperlink added).
#2 – HOSTILE WORK ENVIRONMENT
Hostile work environment is also known “Harassment,” and it’s actionable only if it is sufficiently pervasive so as to alter the conditions of employment and create an abusive working environment. See id. 749 (citing Antonius v. King County, 153 Wn.2d 256, 261, 103 P.3d 729 (2004)).
In order to establish a prima facie hostile work environment claim, the plaintiff must alleged facts proving that (1) the harassment was unwelcome, (2) the harassment was because the plaintiff was a member of a protected class, (3) the harassment affected the terms and conditions of employment, and (4) the harassment is imputable to the employer.” Id. (citing Loeffelholz v. Univ. of Wash., 175 Wn.2d 264, 275, 285 P.3d 854 (2012)).
#3 – UNLAWFUL RETALIATION
The Washington Law Against Discrimination also prohibits retaliation against a party asserting a claim based on a perceived violation of his/her civil rights or participating in an investigation into alleged workplace discrimination. Id. at 753 (citing RCW 49.60.210).
To establish a prima facie retaliation case, a plaintiff must show that (1) he engaged in statutorily protected activity, (2) his employer took an adverse employment action against him, and (3) there is a causal link between the activity and the adverse action. Id. at 753-54 (internal citation omitted).
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–gw