Scope Archives • WSHRC Digest

Complaints by Aggrieved Persons

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the rules concerning complaints by aggrieved persons? 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 guidelines regarding complaints by aggrieved persons. See WAC 162-08-071, 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).

Additional statutory authority is established by RCW 49.60.240 and RCW 34.04.020. See WAC 162-08-071, WA State Legislature Website (bottom of page body)

COMPLAINTS BY AGGRIEVED PERSONS

WAC 162-08-071 is the relevant regulation, and it addresses complaints by aggrieved persons as follows:

(1) Scope of section. This section applies to complaints by persons claiming to be aggrieved by an alleged unfair practice filed under RCW 49.60.230 (1)(a), to complaints by employers or principals filed under RCW 49.60.230 (1)(c), and to complaints by “aggrieved persons” under RCW 49.60.040(15). Complaints issued by the commission are covered by WAC 162-08-072.

(2) Signature and oath. A complaint shall be in writing, signed by the complainant or the complainant’s lawyer, and sworn to before a notary public or other person authorized by law to administer oaths, or subscribed and signed under the following declaration: “I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.” Notarial service for this purpose is available without charge at all offices of the commission.

(3) Contents. A complaint shall contain the following:

(a) The name of the person making the complaint;

(b) The name, address and telephone number, if any, of the person against whom the complaint is made, if known to the complainant;

(c) A specific charge of an unfair practice(s);

(d) A clear and concise statement of the facts which constitute the alleged unfair practice(s);

(e) The date or dates of the alleged unfair practice(s), and if the alleged unfair practice is of a continuing nature, the dates between which said continuing acts of discrimination are alleged to have occurred.

(4) Forms. Printed complaint forms are available at all commission offices.

(5) Time for filing. For claims alleging an unfair practice in a real estate transaction under RCW 49.60.222 through 49.60.225, the complaint must be filed with the commission not later than one year after the alleged unfair practice occurred or was terminated. In all other unfair practice claims, the complaint must be filed within six months after the date of occurrence of the alleged unfair practice(s). RCW 49.60.230. If the alleged unfair practice is of a continuing nature, the date of the occurrence of the unfair practice shall be deemed to be any date subsequent to the commencement of the alleged unfair act up to and including the date when the alleged unfair practice stopped.

(6) Computation of time. The one-year period for filing a complaint alleging an unfair practice in a real estate transaction expires at 5:00 p.m. on the day before the corresponding day of the year following the event. The six-month period for filing a complaint alleging any other unfair practice expires at 5:00 p.m. on the day before the corresponding day of the sixth month following the event. If the last day of the filing period is a Saturday, Sunday, or legal holiday, the time expires at 5:00 p.m. on the next day which is not a Saturday, Sunday, or legal holiday. For example, a complaint of an event occurring on 5 January would ordinarily have to be filed by 5:00 p.m. on 4 July, but since 4 July is a legal holiday, the time for filing the complaint would expire at 5:00 p.m. on 5 July, or at 5:00 p.m. Monday, if 5 July comes on a Saturday or Sunday.

(7) Technical defects. A complaint shall not be considered defective if the defect is technical and can be corrected by subsequent amendment. The statutory requirements set forth in RCW 49.60.230, including the requirement of a signature under oath, are jurisdictional and failure to comply cannot be corrected by subsequent amendment.

WAC 162-08-071 (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.

–gw

Public Accommodations — Scope of Chapter

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Public Accommodations (Disability Discrimination) regulations, what are the rules concerning the scope of chapter? 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 Public Accommodations (Disability Discrimination) regulations regarding the scope of chapter. See WAC 162-26-010, 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).

PUBLIC ACCOMMODATIONS, DISABILITY DISCRIMINATION – SCOPE OF CHAPTER

WAC 162-26-010 is the relevant regulation, and it addresses the scope of chapter as follows:

This chapter interprets and implements the disability discrimination coverage of RCW 49.60.215, unfair practices of places of public resort, accommodation, assemblage, and amusement. This chapter does not define the scope of the civil right to be free from discrimination because of disability declared in RCW 49.60.030 or interpret other statutes.

WAC 162-26-010 (emphasis added) (hyperlinks added).

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–gw

Credit Transactions — Scope of Chapter

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Credit Transaction Regulations, what is the scope of the chapter? 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 determine the scope of the Credit Transactions chapter. See WAC 162-40-010, 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).

CREDIT TRANSACTIONS — SCOPE OF CHAPTER

WAC 162-40-010 is the relevant regulation, and it addresses the scope of the Credit Transactions chapter, as follows:

This chapter carries out the policies and practices of the commission in connection with the law against discrimination covering credit transactions. The principal statutes involved are RCW 49.60.175, 49.60.176, and 49.60.222 (1)(j).

WAC 162-40-010 (emphasis added) (hyperlinks added).

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–gw

Employment–Handicapped Persons–Scope of Chapter

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Employment–Handicapped Persons Regulations, what are the rules concerning scope of chapter? 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 scope of chapter. See WAC 162-22-010, 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).

SCOPE OF CHAPTER

WAC 162-22-010 is the relevant regulation, and it addresses scope of chapter as follows:

This chapter interprets and implements the disability discrimination coverage of:

(1) RCW 48.60.174 (unfair practices based on actual or perceived HIV infection);

(2) RCW 49.60.180 (unfair practices of employers);

(3) RCW 49.60.190 (unfair practices of labor unions);

(4) RCW 49.60.200 (unfair practices of employment agencies);

(5) RCW 49.60.210 (unfair to discriminate against persons opposing unfair practices); and

(6) RCW 49.60.220 (unfair to aid violation).

WAC 162-22-010 (emphasis added) (hyperlinks added).

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–gw

Sexual Orientation & Gender Identity – General Purpose & Scope

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Sexual Orientation & Gender Identity Regulations, what are the rules concerning general purpose and scope? 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 general purpose and scope. See WAC 162-32-010, 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).

GENERAL PURPOSE & SCOPE

WAC 162-32-010 is the relevant regulation, and it addresses general purpose and scope as follows:

This chapter interprets and implements the sexual orientation and gender expression and gender identity discrimination protections of RCW 49.60.030, 49.60.180, and 49.60.215 and provides guidance regarding certain specific forms of sexual orientation and gender expression and gender identity discrimination.

WAC 162-32-010 (emphasis added) (hyperlinks added).

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–gw

General Purpose & Scope

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Sex Discrimination Regulations, what are the rules concerning general purpose and scope? 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 general purpose and scope. See WAC 162-30-010, 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).

GENERAL PURPOSE & SCOPE

WAC 162-30-010 is the relevant regulation, and it addresses general purpose and scope as follows:

The general purpose of the law against discrimination in employment because of sex is to equalize employment opportunity for men and women. This chapter interprets and implements the sex discrimination protection of RCW 49.60.180, and provides guidance regarding certain specific forms of sex discrimination.

WAC 162-30-010 (emphasis added) (1st & 2nd hyperlinks added).

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–gw

Practice & Procedure Amendments

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, do Practice and Procedure Amendments apply to pending cases? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

PRACTICE & PROCEDURE AMENDMENTS

Chapter 162-08 WAC (Practice & Procedure) is the relevant law, and it addresses amendments to that chapter as follows:

(4) Amendments apply to pending cases. An amendment to this chapter applies to cases pending at the time of the adoption of the amendment, unless the amendment or rule-making order says that it does not apply to pending cases. An amendment to this chapter does not require that anything already done be redone to comply with the amendment, unless the amendment expressly says so.

WAC 162-08-011(4). Thus, amendments to the Practice and Procedure Chapter apply to pending cases unless indicated otherwise.

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The Interrelationship Between WSHRC, WLAD & APA

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, what is the interrelationship between the WSHRC, the Washington Law Against Discrimination (WLAD), and the Administrative Procedure Act (APA)? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

WSHRC, WLAD & APA

WSHRC is a state agency established in 1949 by the Washington State Legislature. It is responsible for administering and enforcing the WLAD. Official WSHRC Website, last visited 3/21/18

WLAD “is a state law that prohibits discriminatory practices in the areas of employment, places of public resort, accommodation, or amusement, in real estate transactions, and credit and insurance transactions on the basis of race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability; and prohibits retaliation against persons who oppose a discriminatory practice, and those who file health care and state employee whistleblower complaints.” Id.

APA is a state law enacted in 1988 to “clarify the existing law of administrative procedure, to achieve greater consistency with other states and the federal government in administrative procedure, and to provide greater public and legislative access to administrative decision making.” RCW 34.05.001.

THE INTERRELATIONSHIP

Under the WAC, chapter 162-08 governs “all commission practice and procedure before the commission, including before administrative law judges.” WAC 162-08-011 (hyperlink added).

The rules in WAC 162-08 “supplement the statutory procedures in the Administrative Procedure Act, chapter 34.05 RCW, and the law against discrimination, chapter 49.60 RCW.” Id. (hyperlink added).

“Where provisions of the law against discrimination are inconsistent with the Administrative Procedure Act, the Administrative Procedure Act governs.” Id. (hyperlink added).