LAW OFFICE OF
GREGORY A. WILLIAMS
University Place, Washington
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Unlawful Retaliation is a theory of liability under the Washington Law Against Discrimination (WLAD), Chapter 49.60 RCW. The WLAD “prohibits retaliation against a party asserting a claim based on a perceived violation of his civil rights or participating in an investigation into alleged workplace discrimination.” Alonso v. Qwest Communications Company, LLC, 178 Wn.App 734, 753 (Div. 2 2013) (citing RCW 49.60.210).
THE RELEVANT LAW: RCW 49.60.210
There are additional protections. The relevant law states as follows:
RCW 49.60.210
Unfair practices—Discrimination against person opposing unfair practice—Retaliation against whistleblower.
(1) It 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 this chapter, or because he or she has filed a charge, testified, or assisted in any proceeding under this chapter.
(2) It 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.
(3) It is an unfair practice for any employer, employment agency, labor union, government agency, government manager, or government supervisor to discharge, expel, discriminate, or otherwise retaliate against an individual assisting with an office of fraud and accountability investigation under RCW 74.04.012, unless the individual has willfully disregarded the truth in providing information to the office.
RCW 49.60.210 (emphasis and hyperlinks added).
“Violation of this provision supports a retaliation claim.” Mackey v. Home Depot USA, Inc., 12 Wn.App.2d 557, 570 (Div. 2 2020), review denied, 468 P.3d 616 (2020) (referencing Cornwell v. Microsoft Corp., 192 Wn.2d 403, 411, 430 P.3d 229 (2018)).
WLAD REMEDIES
“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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READ MORE ABOUT THIS TOPIC
We invite you to read more of our blog articles concerning this topic:
Adverse Employment Actions: A Closer Look
Definition of Prima Facie Case*
Employment-Discrimination Hotlines & Unlawful Retaliation
The McDonnell Douglas Burden Shifting Framework*
The Prima Facie Case: Unlawful Retaliation
Top 3 Reasons Unlawful Retaliation Claims Fail
Top 3 Causation Standards: Unlawful Retaliation
Unlawful Retaliation: Adverse Employment Action
Unlawful Retaliation and the Prospective Employer
Unlawful Retaliation: The Actual-Knowledge Standard
Unlawful Retaliation: The Causal Link
Unlawful Retaliation: The Functionally-Similar Test
Unlawful Retaliation: Statutorily Protected Activity
*NOTE: The link will take the reader to our Williams Law Group Blog – an external website.
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