What is Employment Discrimination?

Employment discrimination refers to distinctions or differences in treatment in the workplace because of an individual’s race, religion, creed, color, national origin, sex, age, the presence of any sensory, mental, or physical handicap, or the use of a trained dog guide or service animal by a disabled person.  RCW 49.60.180 

If you feel that you have been discriminated against, you may have a claim for employment discrimination under Washington State law.

There are several state sources of employment discrimination law that you may want to examine.  Specifically, the Revised Code of Washington contains several statutes and the Washington Administrative Code contains several rules and regulations that pertain to employment discrimination.  You may also want to search for Washington State case law that is applicable to your situation.

Washington’s central prohibitions against employment discrimination can be found in the Washington Law Against Discrimination (“WLAD”).  RCW 49.60    The WLAD protects individuals from unfair employment practices because of the person’s race, religion, creed, color, national origin, sex, age, the presence of any sensory, mental, or physical handicap, or the use of a trained dog guide or service animal.  RCW 49.60.180 

Carefully examine the definition section of the WLAD to make sure you qualify as an employee and your employer qualifies as an employer under this statute.  RCW 49.60.040 

If you need assistance understanding the WLAD or would like to file a complaint, you can contact the Washington State Human Rights Commission.  This website discusses prohibited employment practices, filing a complaint, the investigation process, and provides contact information for Human Rights Commission offices in the state of Washington.  The Seattle office can be contacted at 206-464-6500.

You can also obtain additional help on the Washington Law Help website.  Clicking on the Employment/Farm Worker Rights icon will lead you to several applicable research guides.  One of the most helpful guides found on this site and produced by the Northwest Women’s Law Center is called Employment Discrimination.  This guide includes a discussion of applicable federal laws, state laws, and local laws.  It also discusses where and when to file an administrative complaint and going to court.

2)  RCW 49.12.360:  Parental Leave – Discrimination prohibited

The Revised Code of Washington also prohibits discrimination in granting parental leave.  RCW 49.12.360  Under this statute, an employer must grant leave from employment on the same terms to men as it does to women to care for a newborn or a newly adopted child. If you have questions about this statute, you can access the Washington State Human Rights Commission website and Washington Law Help website.  Additionally, you may also find useful information at the Washington State Department of Labor and Industries website.  Clicking on the Workplace Rights tab at the top of the page will lead you to several useful links, including Filing a Workplace Rights Complaint and Discrimination in the Workplace.

3)  RCW 49.12.175:  Washington’s Equal Pay Act – Wage discrimination due to sex prohibited 

The Revised Code of Washington also prohibits wage discrimination due to an individual's sex. RCW 49.12.175 Under Washington state law, employers are prohibited from granting unequal pay between men and women based on gender.

If you have questions about this statute, you can access the Washington State Human Rights Commission website, Washington Law Help website, and the Washington State Department of Labor and Industries website discussed above.

4)  Title 162 WAC:  Human Rights Commission

Title 162 of the Washington Administrative Code contains rules that apply to the WLAD and the functions of the Human Rights Commission.  Specifically, Chapter 162-16 pertains to employment, Chapter 162-20 pertains to age discrimination in public employment, and Chapter 162-22 pertains to the employment of handicapped persons.

5)  Washington State Case Law:  www.LegalWa.org

LegalWa.org is a valuable source on Washington State case law.  Case law is primary law that is created by judges in the course of deciding court disputes.  This site includes the full-text of Washington Supreme Court opinions from 1939 to present and Court of Appeals decisions from 1969 to present.  You can also conduct full-text searching of the Revised Code of Washington and the Washington Administrative Code.

There are several federal sources of employment discrimination law.  However, the federal statute that serves as the basis for most modern discrimination law is Title VII of the Civil Rights Act of 1964.

Title VII of the Civil Rights Act of 1964 (as amended) makes it unlawful for an employer to fail or refuse to hire, to discharge, or to otherwise discriminate against a person with respect to compensation, terms, conditions, or privileges of employment because of their race, color, religion, creed, sex, or national origin.

Title VII of the Civil Rights Act of 1964 also makes it unlawful for an employer to “limit, segregate, or classify” their employees or applicants for employment in any way that would deprive them or tend to deprive them of employment opportunities or would otherwise adversely affect their status as an employee “because of such individual’s race, color, religion, sex, or national origin.

When examining Title VII of the Civil Rights Act of 1964, make sure you carefully examine the definition section at the beginning of the Act.  You must make sure that you and your employer qualify under the Act.

If you need help interpreting the Act, or would like information about other federal laws that prohibit employment discrimination you can look at the U.S. Equal Employment Opportunity Commission website.  There are several helpful links, including Discrimination by Type, Filing a Charge of Discrimination, and Laws Enforced by the Equal Employment Opportunity Commission.  

Many counties and cities also have ordinances that prohibit employment discrimination.  The WLAD specifically grants qualifying counties and cities the authority to enact resolutions or ordinances against employment discrimination that are consistent with state law.  RCW 49.60.330

Check your local city and county code for applicable resolutions or ordinances.  The links to Washington State city and county codes can be found on the Municipal Research and Services Center of Washington website.  This site includes links to both the Seattle Municipal Code and the King County Code.

You may also want to contact your local city and county civil rights offices.  The Seattle Office for Civil Rights website includes helpful information such as How to File a Complaint and Rules, Ordinances, and Publications.  There are many useful publications on employment discrimination included on this website.  The King County Office of Civil Rights website is yet another valuable source of information on employment discrimination.  This site includes information on News, Education, and Outreach, Disability Access and Compliance, and Enforcement. 

Helpful Information on the Internet

The internet provides easy access to a number of great sources on Washington State, federal, and local employment discrimination laws.  The sources listed below are mentioned in greater detail above.

Washington State Human Rights Commission 

LegalWa.org
  
Northwest Women’s Law Center research guide on Employment Discrimination

Washington Law Help

Washington State Department of Labor and Industries

U.S. Equal Employment Opportunity Commission 

Municipal Research and Services Center of Washington

Seattle Office for Civil Rights

King County Office of Civil Rights

Employment in Washington:  A Guide to Employment, Laws, Regulations, and Practices, Michael J. Killeen, Nick M., LEXIS Law Publishing, KF3315 .K55 1998.  Chapter 5 of this book includes a section on Employment Discrimination.  This chapter discusses state, local, and federal laws, and different bases for discrimination.

Washington Employment Law Deskbook, Judith A. Lonnquist, editor, Washington State Trial Lawyers Association, KF3319 .W37 2004.  Chapter 3 of this book discusses Employment Discrimination.  This chapter includes a discussion of the WLAD, other Washington State statutes, federal statutes, and the burden of proof in employment discrimination claims.  Chapter 26 of this book contains employment law forms.

Washington Lawyers Practice Manuel, Volume VII: Employment Discrimination, Nick M. Beermann, chief author, Seattle-King County Bar Association, KF300 .W27 1986 v.7 RES.  Chapter 18 of this volume of the Washington Lawyers Practice Manual pertains to Employment Discrimination.  This chapter discusses state and federal laws that prohibit employment discrimination, theories of employment discrimination, types of discrimination, the procedural requirements for discrimination cases, remedies for discrimination, and other related considerations.  This is a great resource for both practicing attorneys and non-lawyers.