Under the Washington State Administrative Code (hereinafter, “WAC”), what is the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulation concerning protective orders? Here’s my point of view.
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Understanding Protective Orders Under Washington’s Anti-Discrimination Law: A Closer Look at WAC 162-08-096
When people hear the term protective order, they often think of restraining orders in domestic violence cases. But in Washington State’s legal system, protective orders can also play a vital role in protecting sensitive information during legal investigations—especially in cases handled by the Washington State Human Rights Commission (WSHRC).
One such rule is WAC 162-08-096*, a regulation that gives the WSHRC the authority to protect individuals and businesses from unnecessary harm during the information-gathering process in discrimination investigations. This blog post breaks down what this rule means in plain English, why it matters, and how it may affect you if you’re involved in one of these proceedings.
What Is WAC 162-08-096?
WAC 162-08-096* is part of Washington’s administrative rules that guide how the WSHRC handles discrimination complaints. Specifically, this rule allows the chairperson of the Commission to issue protective orders—official directives that limit how certain information is shared or used during an investigation. The relevant law states as follows:
WAC 162-08-096
Protective orders.
(1) Upon motion by a party or by the person from whom information is sought pursuant to WAC 162-08-09501*, and for good cause shown, the chairperson of the commission may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense caused by revealing private information, or trade secrets, including all orders a court can make under CR 26(c).
(2) If a motion for a protective order is denied in whole or in part, the chairperson may, on such terms and conditions as are just, order that any party or person provide or permit information to be revealed subject to the provisions of WAC 162-08-097*.
(3) The chairperson may, on such terms and conditions as are just, grant a protective order sealing the produced documents pursuant to WAC 162-04-035*.
WAC 162-08-096*.
Protective orders are designed to prevent:
• Annoyance
• Embarrassment
• Oppression
• Undue burden or expense
These concerns may arise, for example, when sensitive personal information or trade secrets are requested by the Commission as part of a discrimination investigation.
When Can a Protective Order Be Requested?
A protective order under WAC 162-08-096* can be requested in two main ways:
1. By a party to the case – This could be the person who filed the discrimination complaint or the person or entity being accused.
2. By someone who’s being asked to provide information – Even if they’re not directly involved in the case.
The person requesting the order must show “good cause,” meaning a valid reason supported by facts. The chairperson then decides whether justice requires limiting how the information is disclosed.
What Can the Chairperson Do?
If the chairperson finds good cause, they can issue a protective order similar to those a judge can issue under civil court rules (specifically Civil Rule 26(c)*). These orders might:
• Restrict who can see the information.
• Limit how the information can be used.
• Require documents to be sealed (kept confidential).
• Prevent certain types of questions in a deposition.
• Allow disclosure only under specific conditions (e.g., only to attorneys).
The goal is to balance the need for a full investigation with the right to privacy or protection of confidential information.
What Happens If the Request Is Denied?
If the request for a protective order is denied in whole or in part, the chairperson may still set fair terms and conditions for how the information must be disclosed. In such cases, the party or person would still need to provide the requested information—but possibly under safeguards outlined in WAC 162-08-097*, which deals with confidentiality and limits on how that information is used.
Sealing Documents
The chairperson may also issue an order to seal documents, meaning they become part of the official file but are not available to the public. This is governed by a related rule: WAC 162-04-035*, which allows for keeping sensitive materials out of the public record if justice so requires.
Why This Matters
If you’re involved in a WSHRC investigation—whether you’re making a discrimination complaint, responding to one, or simply being asked to provide information—you have the right to ask for protection if the request invades your privacy or risks exposing confidential business information.
WAC 162-08-096* ensures that the fact-finding process doesn’t come at an unreasonable personal or professional cost. It’s one of the many ways Washington law aims to protect people from both discrimination and unnecessary harm during the process of addressing it.
Key Takeaway
WAC 162-08-096* gives individuals and businesses a tool to protect themselves from unfair exposure during discrimination investigations. If you’re facing a request for sensitive information in one of these cases, you may be able to ask for a protective order. Consulting an attorney familiar with Washington’s anti-discrimination laws can help you navigate this process and assert your rights effectively.
RELATED ARTICLES
We invite you to read more of our articles related to this topic:
» WA State Human Rights Commission Complaints
» WA State Human Rights Commission: Functions, Powers, and Duties
» 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