Under the Washington State Administrative Code (hereinafter, “WAC”), what does the term “conciliation” mean when pursuing complaints through the Washington State Human Rights Commission (hereinafter, “WSHRC”)? Here’s my point of view.
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Understanding WAC 162-08-102: The Objective of Conciliation in Washington State Discrimination Law
When an allegation of discrimination arises under Washington’s Law Against Discrimination (WLAD), RCW 49.60*, one of the first tools employed by the Washington State Human Rights Commission (“Commission”) is conciliation. This process—grounded in WAC 162-08-102*—offers both legal professionals and the public insight into how the state prioritizes resolution of disputes in a way that not only halts discriminatory practices but also remedies their lingering effects.
The Regulatory Framework
The relevant Washington State Administrative Code* (“WAC”) states as follows:
WAC 162-08-102
Objective of conciliation.
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* (first & second hyperlinks added). This administrative regulation establishes that conciliation is not simply about stopping an unfair practice; it is about eliminating both the discriminatory conduct and its consequences. The regulation instructs the Commission’s staff to approach conciliation guided by:
• The purposes of the WLAD (ensuring equal opportunity and freedom from discrimination).
• The policies and objectives of the Commission, especially those articulated in related provisions:
– WAC 162-08-061* (Relationship of commission to complainant),
– WAC 162-08-062* (Concurrent remedies–Other remedies), and
– WAC 162-08-298* (Remedies).
By linking WAC 162-08-102* to these provisions, the regulation underscores that conciliation is not a mere formality—it is a central mechanism for enforcing civil rights protections in Washington.
What Conciliation Means in Practice
For attorneys representing clients, understanding the scope of conciliation is critical. The process typically involves:
1. Conference and Persuasion – Informal discussions between the Commission, complainant, and respondent to explore resolution.
2. Conciliation Agreements – Negotiated commitments by respondents to both cease the discriminatory conduct and remedy its effects (for example, reinstatement, back pay, or policy changes).
3. Forward-Looking Protections – Ensuring that the respondent adopts practices to prevent recurrence, often through training, monitoring, or systemic reforms.
Unlike private settlement agreements, Commission conciliation carries a public interest dimension: it is designed not just to resolve disputes between parties, but to advance the state’s broader mandate of eradicating discrimination.
Why the Distinction Matters
The language of WAC 162-08-102* makes clear that a successful conciliation must address two distinct goals:
• Stopping the discriminatory practice itself.
• Eliminating its ripple effects. For example, in an employment discrimination case, this could include back wages, seniority adjustments, or workplace reforms that restore the complainant’s position and opportunities.
For practitioners, this means conciliation is not just about negotiating a quick settlement—it is about ensuring structural and remedial relief consistent with the Commission’s objectives.
Implications for Legal Professionals and the Public
For Attorneys: Awareness of conciliation’s dual focus equips counsel to advise clients realistically about potential remedies and obligations. Respondents must be prepared to do more than simply “stop” a practice—they must also correct its consequences.
For the Public: The Commission’s emphasis on conciliation reflects a commitment to fairness. Individuals subjected to discrimination should know that the process aims not only to halt misconduct but also to restore their rights and opportunities.
Conclusion
WAC 162-08-102 reinforces that conciliation is more than compromise—it is corrective justice. By requiring elimination of both the practice and its effects, Washington’s regulatory framework ensures that conciliation serves as a meaningful tool in advancing the WLAD’s mission: a state free from discrimination.
RELATED ARTICLES
We invite you to read more of our articles related to this topic:
» Remedies for Breach of Conciliation Agreements*
» The Intersection of WSHRC and EEOC*
» WA State Human Rights Commission Complaints
» WA State Human Rights Commission: Damages for Humiliation and Suffering*
» WA State Human Rights Commission: Functions, Powers, and Duties
» WSHRC: Breach of Conciliated Agreement
» WSHRC: From Complaint to Conclusion
» WSHRC: Organization and Operations
» WSHRC: Procedure When None Is Specified
» WSHRC: Relationship of Commission to Complainant
» WSHRC: Withdrawal of Complaint
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–gw