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).
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.