Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning the relationship of Commission to complainant? Here’s my point of view.
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WSHRC: PRACTICE AND PROCEDURE: RELATIONSHIP OF COMMISSION TO COMPLAINANT
Washington Administrative Code (WAC) 162-08-061* outlines the Washington State Human Rights Commission’s neutral and public-focused role in investigating discrimination complaints. The Commission is tasked with determining whether there is “reasonable cause” to believe an unfair practice has occurred under Washington’s Law Against Discrimination (RCW 49.60*), without favoring either party. Its ultimate goal is to eliminate and prevent discrimination—not merely to secure individual remedies for complainants.
While the Commission often seeks to restore a complainant to their prior position, it prioritizes broader systemic remedies when necessary. Notably, the Commission operates independently of a complainant’s personal interests; it may pursue different outcomes if doing so better serves the public interest. Complainants focused solely on personal relief are encouraged to consider pursuing their claims in court, as the law preserves their right to do so.
THE BLACK LETTER LAW: WAC 162-08-061
The relevant WAC provision states as follows:
WAC 162-08-061
Relationship of commission to complainant.
(1) Commission’s role and objectives. In investigating cases the commission seeks to ascertain the facts in order to make an impartial finding of “reasonable cause” or “no reasonable cause.” It has no predisposition in favor of either complainants or respondents. If “reasonable cause” is found, then the objective of the commission is to obtain the remedy that will best eliminate the unfair practices and prevent their recurrence. The judgment as to what will eliminate an unfair practice for purposes of reaching an agreement under RCW 49.60.240* is made initially by the executive director, or other staff persons pursuant to the executive director’s direction, and ultimately by the commissioners. The judgment as to what will eliminate an unfair practice and carry out the purposes of the human rights law after hearing under RCW 49.60.250* is made by the administrative law judge. The commission was not designed to compete with the courts as a forum for the vindication of private rights; its task is to work for the public good of eliminating and preventing discrimination. Although the facts and circumstances giving rise to a claim of discrimination may sometimes give rise to other claims based upon other statutes or principles of common law, the commission will investigate only claims of unfair practices arising under chapter 49.60* RCW et seq. The law against discrimination expressly preserves the right of complainants and/or aggrieved parties to seek other civil or criminal remedies in court or other available forums, either simultaneously with a complaint filed with the commission or in lieu of such a complaint, subject to any limitations or conditions provided in WAC 162-08-062* or elsewhere.
(2) Independence from complainant. The commission’s primary objective is to eliminate and prevent discrimination, which may or may not be consistent with the goals or objectives of a particular complainant or aggrieved person. In negotiating a settlement or seeking an order, the commission generally works for provisions restoring the complainant as nearly as possible to the position he or she would be in if he or she had not been discriminated against, because this is usually an effective way to eliminate the discrimination and prevent its recurrence. But where, in the commission’s judgment, provisions fully restoring the complainant (for instance, reinstatement to the job with back pay) would be inadequate to eliminate a pattern of discrimination, the commission will hold out for additional terms, even though the respondent is willing to settle on the basis of full relief for the complainant only. Except as may be otherwise provided for complaints alleging unfair practices in real estate transactions, the commission may determine that discrimination will be effectively eliminated and prevented by an order that does not afford the complainant every item of relief to which he or she may have a legal claim. The commission assumes that persons who complain to it are as interested in the elimination and prevention of discrimination in general as in their individual cases. If a person is interested only in relief for himself or herself, he or she is advised to seek his or her remedy directly in court pursuant to RCW 49.60.020*, 49.60.030* and/or WAC 162-08-062*.
WAC 162-08-061* (emphasis added).
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
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