Conciliation Archives • WSHRC Digest

Conciliation Negotiations

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

CONCILIATION NEGOTIATIONS

WAC 162-08-104 is the relevant regulation, and it states that the guidelines for conciliation negotiations are as follows:

(1) Endeavors of staff. Except as may be otherwise provided for a complaint alleging an unfair practice in a real estate transaction, the task of the commission is to endeavor to eliminate the unfair practice through agreement with the respondent. The extent of effort to be expended toward this end will depend on the likelihood that agreement on mutually acceptable terms can be reached. If, for example, it is apparent from an exchange of letters that agreement cannot be reached, it is not necessary to hold a conference. If a respondent has been afforded a reasonable opportunity to negotiate, that is sufficient to satisfy the statutory requirements pertaining to conciliation of a complaint brought under chapter 49.60 RCW and this chapter.

(2) Reopening conciliation. The making and service of a finding that no agreement can be reached does not preclude renewing negotiations or reaching an agreement at a later time. The finding that no agreement can be reached is not affected by a renewal of negotiations, but it may be superseded by any subsequent agreement which resolves the unfair practices at issue in the complaint filed with the commission.

WAC 162-08-104 (emphasis added) (hyperlinks added).

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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.

–gw

Real Estate Transactions — Conciliation

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

REAL ESTATE TRANSACTIONS–CONCILIATION

WAC 162-08-107 is the relevant regulation, and it addresses real estate transactions and conciliation as follows:

During the period beginning with the filing of a complaint of an unfair practice in a real estate transaction and ending with the filing of a charge or a dismissal by the commission, the commission shall, to the extent feasible, engage in conciliation with respect to the complaint.

(1) An agreement arising out of conciliation efforts under this section shall be an agreement between the respondent and the complainant, and shall be subject to approval by the commission.

(2) Each conciliation agreement shall be made public unless the complainant and respondent agree otherwise and the commission determines that disclosure is not necessary to further the purposes of chapter 49.60 RCW.

WAC 162-08-107 (emphasis added) (hyperlinks added).

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–gw

Breach of Conciliated Agreement

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the rules concerning breach of a conciliated agreement? 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 breach of a conciliated agreement. See WAC 162-08-109, 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).

BREACH OF CONCILIATED AGREEMENT

WAC 162-08-109 is the relevant regulation, and it addresses breach of a conciliated agreement as follows:

If an agreement and order for the elimination of an unfair practice made under RCW 49.60.240 is breached, the executive director may take action appropriate in the circumstances, including one or more of the following:

(1) Specific enforcement. Bringing an action in superior or district court for specific enforcement of the agreement, or for damages pursuant to the conciliation agreement;

(2) Setting aside. Recommending to the commissioners that the agreement and order be set aside, in whole or in part, and that the case be returned to the staff for renewed conference, conciliation and persuasion, or to be referred to commission counsel for hearing; or

(3) Report to prosecuting attorney. Reporting the violation to the appropriate prosecuting attorney for prosecution under RCW 49.60.310.

WAC 162-08-109 (emphasis added) (hyperlinks added).

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–gw

Approval of Agreements

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

APPROVAL OF AGREEMENTS

WAC 162-08-106 is the relevant regulation, and it provides the guidelines for approval of agreements as follows:

Except as may be otherwise provided for a complaint alleging an unfair practice in a real estate transaction, an agreement reached between the commission‘s staff and a respondent under RCW 49.60.240 shall be reduced to writing, signed by the respondent and a member of the commission‘s staff, and presented to the commissioners at a meeting. The agreement is not binding on the commission until the commissioners vote to accept it.

WAC 162-08-106 (emphasis added) (hyperlinks added).

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–gw

Objective of Conciliation

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

OBJECTIVE OF CONCILIATION

WAC 162-08-102 is the relevant regulation, and it states that the objective of conciliation is as follows:

The commission‘s staff in its endeavors to eliminate an unfair practice by conference, conciliation and persuasion under RCW 49.60.250 shall be guided by the purposes of the law against discrimination and by the policies and objectives of the commission, particularly as expressed in WAC 162-08-061, 162-08-062 and 162-08-298. Elimination of an unfair practice includes elimination of the effects of the unfair practice, as well as assurance of the discontinuance of the unfair practice.

WAC 162-08-102 (emphasis added) (hyperlinks added).

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–gw