Washington State Human Rights Commission

All inhabitants of Washington have certain rights and responsibilities under the Law Against Discrimination (RCW 49.60). Under the law, everyone has the right to be free from discrimination at work, in housing, in a public accommodation, or when seeking credit and insurance. Discrimination occurs whenever we treat someone differently and deny him or her equal treatment or access because of: Race, Creed, Color, National Origin, Sex, Marital Status, Family with Children Status, Age, the Presence of any Sensory, Mental, or Physical Disability, the Use of a Trained Dog Guide or Service Animal by a Person with a Disability, or Sexual Orientation/Gender Identity. If you believe you are being discriminated against, try to document what is happening. Keep notes of the dates, times, words used, and actions or conduct you believe is discriminatory. Keep copies of any relevant letters, answering machine messages, etc. Note any witnesses to the action or situation. You have a responsibility to act in a timely manner. Under the Law Against Discrimination, you must file a formal complaint with the Commission within six months of the alleged discriminatory incident or action for employment cases, or twelve months for housing cases.

JURISDICTION OF THE HUMAN RIGHTS COMMISSION

Under the law, the Human Rights Commission can investigate complaints of alleged discrimination in the following areas:

EMPLOYMENT

Employers with 8 or more employees
Labor organizations and employment agencies
Certain practices with respect to HIV infection

HOUSING & REAL ESTATE

Unlike other discrimination complaints, complaints relating to housing or real estate must be filed within one year of the date of the alleged discrimination. Sales/Rentals of Housing, including Condos, Manufactured Homes, and Apartments, Sales/Rentals of Real Property, including Offices, Buildings, and Land, Mortgage Lenders Advertising

PLACES OF PUBLIC ACCOMMODATION

Any place of public resort, accommodation, assemblage, or amusement, including: Restaurants, Hotels, Motels, and Inns, Stores, Markets, and Shopping Malls, Theaters, Cinemas, Concert Halls, and Arenas, Parks, Fairs, and Arcades, Libraries, Schools, Government Offices, and Hospitals.

CREDIT AND INSURANCE

Credit Applications, Fees, and Collateral
Insurance Applications, Health Insurance, Health Maintenance Agreements

RETALIATION

It is an unfair practice for an employer to retaliate against a person for opposing illegal discrimination. If you believe that your employer retaliated against you, you may have a basis to file a complaint with the Human Rights Commission.

This also includes:
State Employee Whistleblowers. The law protects state employees who report in good faith an alleged improper governmental action to the State Auditor under RCW 42.40.

Health Care Whistleblowers. The law protects health care employees who report in good faith alleged patient abuse to the State Health Department (RCW 43.70 and RCW 74.34).

COMMISSION INVESTIGATIVE PROCESS

When a complaint is filed, the Commission acts as a neutral fact-finder. The Commission is not an advocate for either side. Our role under the law is to gather facts about the situation and then determine whether there is cause to believe that discrimination occurred. The Commission will send a written notice to the person(s) alleged to have committed the act of discrimination. The Commission will ask for a written response to the charge. A Commission Investigator will investigate the complaint by gathering more evidence, interviewing witnesses, or conducting site visits.

It can take some time to complete a thorough investigation. Whenever appropriate, the Commission will meet with both sides to explore resolving the issues. Settlement is often a quicker and more satisfactory way to resolve the complaint.

Upon completion of the investigation, the Commission will issue a finding. If the evidence does not support the charge of discrimination, the Commission will issue a finding of "no reasonable cause" to believe discrimination occurred. If the Commission finds that there is reasonable cause to believe discrimination occurred, we will seek conciliation of the complaint. Appropriate remedies in the conciliation process may include back pay, reinstatement, rent refunds, or training to eliminate the unfair practice. If conciliation fails, the complaint may be turned over to the Attorney General's office for hearing before an Administrative Law Judge. The Commissioners may grant reconsideration if the party can show that there was a misapplication of the law, or that relevant information provided during the investigation was not considered in the finding.

To File a complaint

If you believe that you have been discriminated against, fill out our on-line Complaint Questionnaire or call one of the Commission offices and ask to speak with an Intake Officer. If the Intake Officer is not available when you call, please leave your name and a contact number where they can reach you.

The Intake Officer will contact you, usually the same day you call our office. They will explain the law and check whether the issues you're describing fall within our jurisdiction. When you speak with the Intake Officer, you should have some basic information on hand:

WHERE did the alleged discrimination occur? Was it at work (employment)? Was it while looking for a home or apartment (housing)? Was it at a store where you shop (public accommodation)?

WHO allegedly discriminated against you? Your boss or a co-worker? A store clerk? A realtor or landlord?

WHAT did the person do or say to you that was different from how they treated others? For instance, a simple lack of courtesy is not necessarily discrimination - but refusing service to a person because of their race or gender is.

WHY do you believe that they discriminated against you? Can you make a clear link between their actions or words and your protected status? Remember that, under the law, protected statuses are race, color, creed, national origin, sex, marital status, families with children, age, disability, the use of a trained dog guide or service animal by a person with a disability, or sexual orientation/gender identity.

The Intake Officer will assist you in deciding whether there is a basis for filing a formal complaint. If the situation you're describing does NOT fall within our jurisdiction, the Intake Officer may be able to suggest other options or resources to you. If you decide to file a formal complaint, the Intake Officer will send you a Complaint Questionnaire form. You must have your complaint drafted, notarized and filed with the Commission within six months of the date of the alleged discrimination.

To Contact the Human Rights Commission:

OLYMPIA HEADQUARTERS OFFICE
For Complaints from Western Washington and the Olympics, including Pierce,
Thurston, Clark, Lewis, Grays Harbor, and Kitsap Counties
TEL: 360-753-6770 -- FAX: 360-586-2282
Toll Free: 1-800-233-3247
TTY: 1-800-300-7525

SEATTLE DISTRICT OFFICE
For Complaints from Central and North Puget Sound, including King,
Snohomish, Skagit, San Juan, Island, and Whatcom Counties
TEL: 206-464-6500 -- FAX: 206-464-7463
TTY: 206-587-5168

SPOKANE DISTRICT OFFICE
For Complaints from Eastern Washington, including Spokane, Whitman,
Okanogan, Lincoln, Ferry, and Stevens Counties
TEL: 509-568-3196 -- FAX: 509-568-3197

YAKIMA DISTRICT OFFICE
For Complaints from Central Washington, including Yakima, Kittitas,
Chelan, Benton, Walla Walla, and Klickitat Counties
TEL: 509-575-2772 -- FAX: 509-575-2064
SE HABLA ESPAÑOL

Vancouver District Office
Washington School for the Deaf
611 Grand Blvd. Rm 108A
Vancouver, WA 98661-4918

To obtain this information in an alternate format, please contact the
Commission's ADA Coordinator in our Olympia Office.

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The Complaint Process

YOUR RIGHTS AND RESPONSIBILITIES