Washington State Law Against Discrimination

Please review the WSHRC’s jurisdiction for employment discrimination complaints under RCW 49.60 – Washington Law Against Discrimination (WLAD).

Who is protected from employment discrimination?

The law prohibits unfair employment practices because of a person’s:

• Presence of any sensory, mental, or physical disability
• Use of a trained dog guide or service animal
• HIV/AIDS and Hepatitis C Status
• Race/Color
• Creed (religion)
• National Origin
• Sex (including pregnancy)
• Marital Status
• Age (40+)
• Citizenship or Immigration Status
• Sexual Orientation, including Gender Identity
• Honorably discharged Veteran or Miliary Status
• State Employee or Health Care Whistleblower Status
• Opposition to a discriminatory practice
•  

 What are prohibited employment practices?

Under the law if a person identifies in one or more of the above protected classes:

An EMPLOYER may not:

• refuse to hire a person
• discharge or bar a person from a job
• discriminate in compensation or other terms or conditions of employment
• print, circulate, or use any discriminatory statement, advertisement, publication job application form, or make any inquiry in connection with prospective employment that is discriminatory

An EMPLOYMENT AGENCY may not:

• Discriminate in classification or referrals for employment

• Print or circulate any discriminatory statement, advertisement, publication job application form, or make any inquiry in connection with prospective employment that is discriminatory

• Use discriminatory employment application forms, or inquiries made in connection with prospective employment

How are complaints filed?

To begin the complaint process, your complaint must be submitted through our online complaint portal click on “File A Complaint”. Downloadable complaint forms are also available by clicking here.  You must file a WSHRC complaint questionnaire within the applicable statute of limitations, as outlined below. Complaints submitted after the statutory deadline cannot be accepted.

• Employment-related discrimination complaints must be filed with WSHRC, within six (6) months* from the date of alleged harm.
• Pregnancy employment-related discrimination complaints must be filed with WSHRC within twelve (12) months* from the date of alleged harm.
• Employers must have at least eight (8) employees (does not include religious organizations).
• *A complaint must be filed, fall within our limited jurisdiction, be drafted into a perfected charge document by WSHRC investigator, and the perfected charge document signed by the complainant – all within the statute of limitations referenced above to protect your filing rights.
• If you want to know your federally guaranteed employment rights, please visit the U.S. Equal Employment Opportunity Commission.

 

WSHRC does not have jurisdiction for complaints filed outside the statute of limitation.
WSHRC does not provide legal services.

 

ATTENTION: 

• WSHRC intake process must be completed within the six (6) months statute of limitation.
• Complaint questionnaires must be submitted with sufficient time to allow WSHRC to investigate the allegations of discrimination.
• If during the intake investigation it is determined that a violation of RCW 49.60 has occurred, WSHRC must fully process a charge before the expiration of the statute of limitations.  
• The charge is an outline of the violation of discrimination and is drafted by WSHRC. The Complainant reviews and signs the charge which must be completed within the statute of limitations to preserve the complainant’s filing rights.
• Submitting the complaint questionnaire through the online portal does not automatically preserve your filing rights.
• Due to the high number of complaints being received we are currently working through a large backlog.

ATENCIÓN:

• El proceso de admisión del WSHRC debe completarse dentro del estatuto de limitaciones de seis (6) meses.

• Los cuestionarios de quejas deben presentarse con tiempo suficiente para permitir que WSHRC investigue las denuncias de discriminación.

• Si durante la investigación inicial se determina que ha ocurrido una violación de la RCW 49.60, WSHRC debe procesar completamente la denuncia antes de que expire el estatuto de limitaciones.

• La denuncia es un resumen de la violación por discriminación y es redactada por WSHRC. El demandante revisa y firma la denuncia, la cual debe completarse dentro del estatuto de limitaciones para preservar los derechos de presentación del demandante.

• Enviar el cuestionario de queja a través del portal en línea no garantiza automáticamente la preservación de sus derechos de presentación.

• Debido al alto número de quejas que estamos recibiendo, actualmente estamos trabajando con un gran retraso.

What happens after I file a WSHRC Complaint Questionnaire?

• Complaint questionnaires are entered into the WSHRC database and assigned a case number.
• Complaint questionnaires are assigned to a WSHRC intake investigators to determine if the complaint meets WSHRC’s limited jurisdiction.
• You may receive a written perfected charge to sign and return to WSHRC.
  • A perfected charge is document that WSHRC staff drafts that outlines violation(s) for the complainant to sign.
• Complaints are then assigned to an investigator for further processing.

Will my employer be notified of the complaint?

• After a perfected charge has been signed and returned to WSHRC notification is sent to the employer for a written response. Written responses are due within 15 days.
• In the Response the employer is asked to give its position on the alleged unfair action(s).
• The employer should provide relevant documentation.
• The employer should provide witness names and contact information.

How is the investigation conducted?

• The WSHRC is a neutral fact-finder – we do not take sides during an investigation. An investigator is assigned to gather evidence to determine if there is reasonable cause to believe that a violation of law has occurred. They may interview witnesses and review documents and records.
• The WSHRC also uses and encourages alternate dispute resolution.

Who has the burden of proof?

• The complainant must provide information that shows a prima facia case of discrimination:
  • They belong to a protected class
  • They were qualified and performed as expected
  • They suffered an adverse action
  • Others outside their class were treated more favorably
• The employer can provide non-discriminatory reasons for what happened.
• The burden then shifts to the complainant to provide additional information to connect the harm to the protected class.
• For a reasonable cause finding, a preponderance of evidence must show that discrimination occurred.
  • Preponderance of evidence = it is more likely than not the discrimination happened.

When an investigation is complete what happens?

• The WSHRC staff make a recommendation to the Commissioners.
• If the WSHRC finds no discrimination (no reasonable cause), both parties are contacted with that finding.
• If the WSHRC finds that illegal discrimination has occurred (reasonable cause), we first try to bring about a voluntary agreement with the parties to resolve the issues. If these efforts fail, we will consider taking the complaint to a formal hearing before an Administrative Law Judge (ALJ). ALJs can impose substantial penalties.

It is against the law to retaliate?

The law prohibits taking retaliatory, adverse action against:

• A person who has filed a complaint.
• A person who has participated in an investigation.
• A person who has opposed any practice forbidden by the Washington Law Against Discrimination.

Does the WSHRC respond to inquiries?

• Yes. The WSHRC responds to questions about RCW 49.60 from the public, employers, housing providers, and other institutions.

Does the WSHRC provide education and training programs?

• The WSHRC has a proactive education and training program geared towards eliminating and preventing discrimination.
• Training is provided to the public, employers, landlords, shop owners and anyone who is interested in understanding and complying with the law.

What is the cost for training?

• The WSHRC conducts free educational and training seminars throughout the State on RCW 49.60.