August 2021 • WSHRC Digest

Jurisdiction–Counting the Number of Persons Employed

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Employment Regulations, what are the rules concerning jurisdiction–counting the number of persons employed? Here’s my point of view. (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to adopt rules concerning jurisdiction (counting the number of persons employed). See WAC 162-16-220, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[ ], power[ ], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

JURISDICTION — COUNTING THE NUMBER OF PERSONS EMPLOYED

WAC 162-16-220 is the relevant regulation, and it addresses jurisdiction (counting the number of persons employed) as follows:

(1) Purpose and scope. RCW 49.60.040 defines “employer” for purposes of the law against discrimination in part as “any person . . . who employs eight or more persons.” This section establishes standards for determining who is counted as employed when deciding whether a person is an employer. The standards in this section do not define who is entitled to the protection of the law against discrimination.

(2) Time of calculation. A person will be considered to have employed eight if the person either:

(a) Had an employment relationship with eight or more persons for any part of the day on which the unfair practice is alleged to have occurred, or did occur; or

(b) Had an employment relationship with an average of eight or more persons over a representative period of time including the time when the unfair practice is alleged to have occurred.

An employment relationship is most readily demonstrated by a person’s appearance on the employer’s payroll. The representative period of time for (b) of this subsection will ordinarily be the twenty weeks prior to and including the date on which the unfair practice is alleged to have occurred. However, where this period will not accurately reflect the overall employment level, as in a seasonal industry, we will use the month during which the unfair practice is alleged to have occurred plus the preceding eleven months.

(3) Part-time employees. A person working part time will be counted the same as a person working full-time. Persons subject to call to work (such as volunteer firefighters) will be considered to be employed at all times when they are subject to call.

(4) Area of calculation. A person who employs eight or more persons is an “employer” for purposes of the law against discrimination even though less than eight of the employees are located in the state of Washington.

(5) Multiple places of employment. The count will include all persons employed by the same legal entity, whether or not the persons work in the same place of business or line of business.

(6) Connected corporations. Corporations and other artificial persons that are in common ownership or are in a parent-subsidiary relationship will be treated as separate employers unless the entities are managed in common in the area of employment policy and personnel management. In determining whether there is management in common we will consider whether the same individual or individuals do the managing, whether employees are transferred from one entity to another, whether hiring is done centrally for all corporations, and similar evidence of common or separate management.

(7) Persons on layoff. Persons on layoff will not be counted.

(8) Persons on leave. Persons on paid leave will be counted. Persons on unpaid leave will not be counted.

(9) Employee or independent contractor. Independent contractors will not be counted. In determining whether a person is employed or is an independent contractor for the jurisdictional count we will use the same standards that we use for the purpose of determining whether a person comes within the protection of the law against discrimination. These standards are set out in WAC 162-16-230.

(10) Pay. Anyone who is paid for work and who otherwise meets the standards in this section will be counted. This includes paid interns and work study program participants. Pay includes compensation for work by the hour, by commission, by piecework, or by any other measure. For the treatment of unpaid persons, see subsection (11) of this section.

(11) Unpaid persons. An unpaid person will be counted if he or she is generally treated in the manner that employers treat employees. That is, if management selects the person (particularly if selected in competition with other persons), assigns work hours, disciplines the unpaid person like an employee, or provides employment benefits such as industrial insurance, then the person will be counted as an employee. The typical volunteer firefighter would be counted. A person who comes into the food bank when he or she pleases, is put to work if there is anything to do, who leaves when he or she pleases, who has no expectation of paid employment, and who receives no employment benefits, would not be counted.

(12) Family members. Because of the definition of “employee” in RCW 49.60.040, we will not count “any individual employed by his or her parents, spouse, or child.” Other family members will be counted.

(13) Domestic help. Because of the definition of “employee” in RCW 49.60.040, we will not count a person in the domestic service of the employing person.

(14) Directors. Directors of corporations, and similar officers of other private or public artificial legal entities, will not be counted simply because they serve in that capacity.

(15) Officers. Officers of corporations, and officers of other private or public artificial legal entities, will be counted unless:

(a) They receive no pay from the corporation or other entity; and

(b) They do not participate in the management of the corporation or other entity beyond participation in formal meetings of the officers.

(16) Partners. Partners will not be counted as employed by the partnership or by each other.

(17) Members of a professional service corporation. All persons who render professional services for a professional service corporation will be counted as employees of the corporation.

(18) Temporary employee placement services. Persons placed with an on-site employer by a temporary employee placement service:

(a) Will be counted as employees of the temporary placement service; and

(b) Will also be counted as employees of the on-site employer if the on-site employer generally treated them in the manner that employers treat employees (please see the factors listed in WAC 162-16-230).

WAC 162-16-220 (emphasis added) (hyperlinks added).

LEARN MORE

If you would like to learn more, then consider contacting an experienced Washington State Employment Discrimination Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with Law Office of Gregory A. Williams, P.S., Inc.; Williams Law Group, PS; or the author of this article. Please see our DISCLAIMER.

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Rules Concerning Complainant’s Participation

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the rules concerning complainant’s participation? Here’s my point of view. (NOTE: please read our DISCLAIMER before proceeding).

COMPLAINANT’S PARTICIPATION

WAC 162-08-261 is the relevant regulation, and it addresses complainant’s participation as follows:

(1) Notice of independent appearance. A complainant or aggrieved person under RCW 49.60.040(15) who desires to submit testimony or otherwise participate in the hearing as a party and not to leave the case in support of the complaint to be presented solely by counsel for the commission, must serve and file a notice of independent appearance within ten days after the notice of hearing is served on that complainant. The notice shall state the address where notices to the complainant shall be sent and it shall state whether the complainant elects to prove additional charges as provided in subsection (2) of this section.

(2) Election to prove additional charges. A complainant or aggrieved person under RCW 49.60.040(15) who has filed a notice of independent appearance stating an intention to prove additional charges in accordance with RCW 49.60.250(2), may at the hearing offer proof of averments included in the original complaint or in amendments to the original complaint made by the complainant, whether or not the averments are included in the amended complaint under which counsel for the commission is proceeding.

For purposes of this section, the complainant may amend the original complaint without regard to intervening amendments made by the commission. The complainant may serve and file an amended complaint with a notice of independent appearance, or thereafter as provided by these rules. If no amended complaint is served with a notice of independent appearance that states an intention to prove additional charges, the clerk shall promptly place the original complaint in the file for the administrative law judge.

Nothing done by the complainant under this rule shall place any duty on counsel for the commission to seek to prove matters not averred in the amended complaint accompanying the notice of hearing, or subsequent amendments by the commission.

(3) Appearance without election. If the complainant or aggrieved person under RCW 49.60.040(15) files a notice of independent appearance which does not state that he or she elects to prove additional charges, then the complainant‘s participation in the hearing shall be confined to the matters raised by the amended complaint filed with the notice of hearing, and subsequent amendments made by the commission.

(4) When no independent appearance. If the complainant or aggrieved person under RCW 49.60.040(15) does not file a notice of independent appearance as provided by this rule, the case in support of the complaint shall be presented solely by counsel for the commission.

WAC 162-08-261 (emphasis added) (hyperlinks and paragraphs (section 2) added).

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WSHRC: Computation of Time

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, what are the rules concerning computation of time? Here’s my point of view. (NOTE: please read our DISCLAIMER before proceeding).

The WSHRC maintains four rules to determine how to compute time:

1. DAY OF ACT, EVENT, OR DEFAULT NOT INCLUDED

“In computing any period of time prescribed or allowed by commission rules, by commission order, or by statute, the day of the act, event, or default after which the designated period of time begins to run shall not be included.” WAC 162-08-031.

2. LAST DAY OF PERIOD INCLUDED

“The last day of the period so computed shall be included, unless it is a Saturday, Sunday or a legal holiday[ ][.]” Id.

3. WHEN LAST DAY IS SATURDAY, SUNDAY OR LEGAL HOLIDAY

If the last day of the period so computed “is a Saturday, Sunday or legal holiday, … the period runs until the end of the next day which is neither a Saturday, Sunday nor a legal holiday.” Id.

4. WHEN PERIOD OF TIME IS LESS THAN SEVEN DAYS

“When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and holidays shall not be counted.” Id.

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WSHRC Origin

by Gregory Williams, Esq. | Under the Washington Law Against Discrimination, what statute originates the Washington State Human Rights Commission (WSHRC)? Here’s my point of view. (NOTE: please read our DISCLAIMER before proceeding).

WASHINGTON STATE BOARD AGAINST DISCRIMINATION

Prior to August 9, 1971, the WSHRC was known as the Washington State Board Against Discrimination; after that date, the agency was known and designated as the “Washington State Human Rights Commission.” See RCW 49.60.051. Washington statutes (RCWs) mandated WSHRCs origin.

WASHINGTON STATE HUMAN RIGHTS COMMISSION

RCW 49.60.050 created the WSHRC and it states as follows:

There is created the “Washington state human rights commission,” which shall be composed of five members to be appointed by the governor with the advice and consent of the senate, one of whom shall be designated as chairperson by the governor.

Id. (hyperlinks added).

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Who May Appear and Practice

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, who may appear in a representative capacity before the commission or an administrative law judge for a human rights hearing? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to adopt rules concerning who may appear and practice. See WAC 162-08-021, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[ ], power[ ], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

FOUR CATEGORIES

Accordingly, the WSHRC has adopted a rule mandating that the following persons may appear in a representative capacity before the commission or an administrative law judge for a human rights hearing:

(1) WASHINGTON LAWYER

An attorney at law entitled to practice before the supreme court of the state of Washington;

(2) OTHER LAWYER

An attorney at law entitled to practice before the highest court of record of any other state, if attorneys at law of the state of Washington are permitted to appear in a representative capacity before administrative agencies of such other state, and if not otherwise prohibited by Washington law;

(3) LEGAL INTERN

A legal intern licensed to engage in the practice of law in the state of Washington under admission to practice Rule 9;

(4) OFFICER, ETC.

A bona fide officer, partner, or full time employee of an association, partnership, or corporation appearing for the association, or one of its members for the partnership, or corporation.

WAC 162-08-021.

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–gw

Certification of File

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the rules concerning certification of file? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to adopt rules concerning certification of file. See WAC 162-08-190, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[ ], power[ ], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

CERTIFICATION OF FILE

WAC 162-08-190 is the relevant regulation, and it addresses certification of file as follows:

(1) General. Certification of the file to the chairperson as provided in RCW 49.60.250 in case of failure to reach an agreement under RCW 49.60.240 for the elimination of an unfair practice shall be done in the manner provided in this section.

(2) Who certifies. Certification shall be done by the clerk.

(3) Form of certificate. The certificate shall be in writing and dated and signed by the clerk and shall be in substantially the following form: “I certify that the attached is the entire file, including the complaint and all findings made, of the Washington state human rights commission staff for the complaint included in the file.”

(4) Custody of file. The certified file, including the certificate, shall be held in the custody of the clerk, who shall see that it is available for use by the chairperson of the commission and counsel for the commission, and for examination and copying by others.

WAC 162-08-190 (emphasis added) (hyperlinks added).

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–gw

Service and Filing of Papers

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what is the rule for service and filing of papers? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to adopt rules concerning service and filing of papers. See WAC 162-08-211, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[ ], power[ ], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

THE SEVEN GUIDELINES

The WSHRC has adopted the following rules for filing and service of process:

1. HOW SERVED

Service of papers may be made personally or by first-class mail, registered or certified mail, or telegraph, or by leaving a copy at the principal office or place of business of the person to be served.

2. WHO SERVES

The commission shall cause to be served all orders, notices and other papers issued by it, together with any other papers which it is required by law to serve. Every other paper shall be caused to be served by the party filing it.

3. UPON WHOM SERVED

All papers served by the commission or any party shall be served at the time of filing upon all counsel of record and upon parties not represented by counsel or upon their agents designated by them or by law. Any counsel entering an appearance subsequent to the initiation of the proceeding shall notify all other counsel then of record and all parties not represented by counsel of such fact.

4. SERVICE ON COMMISSION

In a matter pending before the commission or an administrative law judge in which the commission is being represented by the attorney general or a staff person other than the clerk, service on the commission shall be made by serving the attorney or staff person who is acting for the commission. In such matters, filing a paper with the clerk is not service on the commission. Service of a petition for judicial review under the Administrative Procedure Act, chapter 34.05 RCW, is governed by RCW 34.05.542 and not by these rules.

5. SERVICE BY MAIL

If service is made by mail, the papers shall be deposited in the post office addressed to the person on whom they are being served, with the postage prepaid. Unless earlier receipt is shown, service by mail shall be deemed complete upon the third day following the day upon which the papers are placed in the mail, unless the third day falls on a Saturday, Sunday or legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday or legal holiday following the third day.

6. FILING, GENERALLY

Papers required to be filed with the commission shall be deemed filed on actual receipt at the commission’s Olympia or Seattle office, or other place previously specified, accompanied by proof of service on any parties required to be served.

7. FILING WITH ADMINISTRATIVE LAW JUDGE

Papers required to be filed with an administrative law judge shall be filed with the clerk, 402 Evergreen Plaza, Mailstop FJ-41, Olympia, WA 98504, unless otherwise directed. They must be accompanied by proof of service on all parties required to be served. The original of each paper shall be filed, accompanied by two copies.

WAC 162-08-041 (emphasis and hyperlinks added).

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–gw

Notice of Hearing

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the rules concerning notice of hearing? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to adopt rules concerning notice of hearing. See WAC 162-08-221, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[ ], power[ ], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

WSHRC: NOTICE OF HEARING

WAC 162-08-221 is the relevant regulation, and it addresses notice of hearing as follows:

(1) Applicable statutes. When an administrative law judge has been appointed, the clerk shall give notice of hearing to all parties as provided in RCW 49.60.250 and 34.05.434.

(2) Indefinite time. The clerk may, in his or her discretion, omit the time and place of hearing from the notice with the explanation that the time and place will be set by later notice from the administrative law judge, given at least twenty days in advance of the time of hearing.

(3) Issues. The notice of hearing shall state that the issues involved in the hearing are (a) whether the respondent committed the unfair practices stated in the amended complaint, and, if so, (b) what order is appropriate. A copy of the amended complaint shall be attached to the notice of hearing.

(4) Notice of rules. The notice of hearing shall inform the respondent of the answer rule, WAC 162-08-251, and it shall inform the complainant of a complainant‘s rights and options under WAC 162-08-261.

(5) Consolidation of cases. The administrative law judge may consolidate cases when they involve common questions of law or fact.

WAC 162-08-221 (emphasis added) (hyperlinks added).

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WSHRC: Definition of Administrative Procedure Act

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, what is the definition of the term “Administrative Procedure Act”? Here’s my point of view. (NOTE: please read our DISCLAIMER before proceeding).

DEFINITION

WAC 162-04-010 is the relevant regulation, and it defines the term as follows:

“Administrative Procedure Act” means chapter 34.05 RCW.

WAC 162-04-010 (emphasis and hyperlinks added). The term is used with the meaning given, unless the context clearly indicates another meaning. Id.

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–gw

WSHRC: Definition of Law Against Discrimination

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, what is the definition of the term “law against discrimination”? Here’s my point of view. (NOTE: please read our DISCLAIMER before proceeding).

DEFINITION

WAC 162-04-010 is the relevant regulation, and it defines the term as follows:

“‘Law against discrimination’ means chapter 49.60 RCW.”

WAC 162-04-010 (emphasis and hyperlinks added). The term is used with the meaning given, unless the context clearly indicates another meaning. Id.

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–gw

WSHRC: Term-Usage Guidelines

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, what are the term-usage guidelines for the Practice-and-Procedure Chapter? Here’s my point of view. (NOTE: please read our DISCLAIMER before proceeding).

WSHRC TERM-USAGE GUIDELINES: SHALL, MAY, WILL, MUST

Under the Practice-and-Procedure Chapter, the terms “Shall,” “May,” “Will,” and “Must” have special meaning as follows:

“Shall” expresses a command.
“May” expresses permission.
“Will” expresses the future occurrence of an event.
“Must” expresses a requirement that has to be met only if a person chooses to do something which the person is free to do or not to do. Example: “A respondent who wishes to raise any matter constituting an avoidance or affirmative defense … must plead the matter as an affirmative defense…”

WAC 162-08-017 (emphasis added). Within this Chapter, the terms are used in the senses expressed, unless the context indicates otherwise. Id.

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WSHRC: Prehearing Amendment of Complaint

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the rules concerning prehearing amendment of complaint? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to adopt rules concerning prehearing amendment of complaint. See WAC 162-08-201, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[ ], power[ ], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

PREHEARING AMENDMENT OF COMPLAINT

WAC 162-08-201 is the relevant regulation, and it addresses prehearing amendment of complaint as follows:

(1) Required. Before a case is noted for hearing, counsel for the commission shall prepare an amended complaint as provided in this section in accordance with RCW 49.60.250(1).

(2) Basis for. The amended complaint shall be based on the facts as they are believed by the commission’s counsel and staff to exist at the time the amended complaint is signed.

(3) Scope. The amended complaint shall identify the persons who are proper parties for the hearing and the matters to be heard. It need not be limited to parties or matters mentioned in the complaint filed under RCW 49.60.230, and it need not include all parties or matters mentioned in that complaint.

(4) Form. The complaint shall be in the form designated in WAC 162-08-241.

(5) Contents. The amended complaint shall contain the following:

(a) Identification of the specific unfair practice or practices alleged.

(b) A short and plain statement of the factual allegations which form the basis for the alleged unfair practices.

(c) A request for relief, setting out the terms or substance of the order which the executive director believes would be appropriate for the administrative law judge to enter if the matters alleged in the complaint are proven to be true.

(6) Pleading statutory steps. It is not necessary for counsel for the commission to plead that the statutory steps prior to the amended complaint have been completed. All statutory steps prior to hearing will be deemed to have been properly completed unless an issue is raised by specific negative averment in an answer as provided in WAC 162-08-251(7).

(7) Signing. The amended complaint shall be signed by counsel for the commission and verified by the executive director or a staff member designated by the executive director to verify on behalf of the executive director.

WAC 162-08-201 (emphasis added) (hyperlinks added).

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–gw

WSHRC: Appointment of Administrative Law Judge

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the rules concerning appointment of administrative law judges? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to adopt rules concerning appointment of administrative law judges. See WAC 162-08-211, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[ ], power[ ], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

APPOINTMENT OF ADMINISTRATIVE LAW JUDGE

WAC 162-08-211 is the relevant regulation, and it addresses appointment of administrative law judges as follows:

When appointed. When the file has been certified (WAC 162-08-190) and counsel for the commission has prepared an amended complaint for hearing (WAC 162-08-201) the chairperson of the commission shall request the appointment of an administrative law judge as provided in RCW 49.60.250 and this section.

WAC 162-08-211 (emphasis and hyperlinks added).

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WHSRC Definition of Chairperson

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, what is the definition of the term “chairperson”? Here’s my point of view. (NOTE: please read our DISCLAIMER before proceeding).

DEFINITION

WAC 162-04-010 is the relevant regulation, and it defines the term as follows:

“Chairperson” means the chairperson of the commission. The word “chairperson” is used in the place of “chairman” where that word appears in the law against discrimination. The chairperson of the commission is the member of the commission designated as chairman by the governor under RCW 49.60.050.

WAC 162-04-010 (emphasis and hyperlinks added). The term is used with the meaning given, unless the context clearly indicates another meaning. Id.

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WSHRC Definition of Commission

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations (general provisions), what is the definition of the term “commission”? Here’s my point of view. (NOTE: please read our DISCLAIMER before proceeding).

DEFINITION

WAC 162-04-010 is the relevant regulation, and it defines the term as follows:

“Commission” means the Washington state human rights commission.

WAC 162-04-010 (emphasis and hyperlink added). The term is further defined within the context of chapter 162-08 WAC–Practice and Procedure–as follows:

“Commission” means the Washington state human rights commission as an institution, whether acting through the commissioners, an administrative law judge, the executive director or staff, its legal counsel, or others, except where the context indicates one of the narrower meanings.

WAC 162-08-017. In any event, the term is used with the meaning given, unless the context clearly indicates another meaning. See WAC 162-04-010; WAC 162-08.

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WSHRC Definition of Respondent

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, what is the definition of the term “respondent”? Here’s my point of view. (NOTE: please read our DISCLAIMER before proceeding).

DEFINITION OF RESPONDENT

WAC 162-04-010 is the relevant regulation, and it defines the term as follows:

“Respondent” means one against whom a complaint has been filed under authority of RCW 49.60.230.

WAC 162-04-010 (emphasis and hyperlink added). The term is used with the meaning given, unless the context clearly indicates another meaning. Id.

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Practice and Procedure Definitions – Case

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what is the definition of the term “Case”? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

DEFINITION

WAC 162-08-017 is the relevant regulation, and it defines the term as follows:

“Case” means the entire proceeding following from the filing of a complaint under RCW 49.60.230.

WAC 162-08-017 (emphasis added) (hyperlink added). In the Practice-and-Procedure Chapter, the term is used with the meaning given, unless the context clearly indicates another meaning. Id.

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WSHRC Definition of Executive Director

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations (general provisions), what is the definition of the term “executive director”? Here’s my point of view. (NOTE: please read our DISCLAIMER before proceeding).

WSHRC DEFINITION

WAC 162-04-010 is the relevant regulation, and it defines the term as follows:

“Executive director” means the executive director of the commission appointed pursuant to RCW 49.60.120(1).

WAC 162-04-010 (emphasis and hyperlink added). The term is used with the meaning given, unless the context clearly indicates another meaning. Id.

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–gw

Practice and Procedure Definitions – Person

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what is the definition of the term “Person”? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

DEFINITION OF PERSON: WAC

WAC 162-08-017 is the relevant regulation, and it defines the term “Person” as follows:

“Person” has the broad meaning given the word in RCW 49.60.040. It includes the commission.

WAC 162-08-017 (emphasis added) (hyperlink added). In the Practice-and-Procedure Chapter, the term is used with the meaning given, unless the context clearly indicates another meaning. Id.

DEFINITION OF PERSON: RCW

Pursuant to the rule above, the term “Person” as defined in RCW 49.60.040 is as follows, unless the context clearly requires otherwise:

(19) “Person” includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees and receivers, or any group of persons; it includes any owner, lessee, proprietor, manager, agent, or employee, whether one or more natural persons; and further includes any political or civil subdivisions of the state and any agency or instrumentality of the state or of any political or civil subdivision thereof.

Id. (emphasis added).

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–gw

WSHRC Definition of Clerk

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, what is the definition of the term “clerk”? Here’s my point of view. (NOTE: please read our DISCLAIMER before proceeding).

DEFINITION OF CLERK

WAC 162-04-010 is the relevant regulation, and it defines the term as follows:

“Clerk” means the clerk of the commission appointed pursuant to WAC 162-04-026.

WAC 162-04-010 (emphasis and hyperlink added). The term is used with the meaning given, unless the context clearly indicates another meaning. Id.

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–gw

WSHRC Definition of Complainant

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, what is the definition of the term “complainant”? Here’s my point of view. (NOTE: please read our DISCLAIMER before proceeding).

DEFINITION OF COMPLAINANT

WAC 162-04-010 is the relevant regulation, and it defines the term “complainant” as follows:

“Complainant” means a person who has filed a complaint under authority of RCW 49.60.230.

WAC 162-04-010 (emphasis and hyperlink added). The term is used with the meaning given, unless the context clearly indicates another meaning. Id.

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–gw

WSHRC Definition of Complaint

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, what is the definition of the term “complaint”? Here’s my point of view. (NOTE: please read our DISCLAIMER before proceeding).

DEFINITION OF COMPLAINT

WAC 162-04-010 is the relevant regulation, and it defines the term “complaint” as follows:

Complaint means a formal complaint filed with the commission pursuant to RCW 49.60.230 and these rules.

WAC 162-04-010 (emphasis added). The term is used with the meaning given, unless the context clearly indicates another meaning. Id.

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–gw