Washington State Human Rights Commission

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SERVING WASHINGTON STATE EMPLOYERS

What is the Human Rights Commission?

Established in 1949, the Washington State Human Rights Commission ( WSHRC ) enforces the Washington State Law Against Discrimination.

What is the WSHRC’s mission?

The mission of the WSHRC is to eliminate and prevent discrimination in Washington State through the fair application of the law, efficient use of resources, and establishment of productive partnerships in the community.

What is the WSHRC’s statutory authority?

Chapter 49.60 RCW is a State law that protects all people in Washington from unfair and discriminatory practices in employment, real estate transactions, public accommodations, credit, insurance, as well as health care whistleblower, and state employee whistleblower complaints.

How does the WSHRC operate?

There are five Commissioners appointed by the Governor, who select an Executive Director. The Commissioners provide policy direction, adopt regulations, and make final determinations on complaints investigated by the WSHRC staff.

Who are the Commissioners?

Yvonne Lopez Morton of Spokane
Rev. Ellis Casson of Seattle
Deborah Sioux Lee of Olympia
Jerry Hebert of Poulsbo
Shawn Murinko of Spokane

What are the WSHRC’s jurisdictional criteria?

Employer has at least 8 employees (does not include religious organizations).
Signed complaints need to be filed within 6 months of last date of alleged discrimination.
Housing complaints have one year to be filed.

What are prohibited employment practices?

Under the law, if it is because of a person’s race, creed, color, national origin, sex, marital status, age (40+), disability, retaliation, sexual orientation/gender identity, honorably discharged veteran or military status, or use of a trained dog guide or service animal by a person with a disability:

An EMPLOYER may not: (1) refuse to hire a person, (2) discharge or bar a person from a job, (3) discriminate in compensation or other terms or conditions of employment, (4) print, circulate, or use any discriminatory statement, advertisement, publication, job application form, or make any inquiry in connection with prospective employment that is discriminatory.

EMPLOYMENT AGENCIES may not: (1) discriminate in classification or referrals for employment, (2) print or circulate any discriminatory statement, advertisement, or publication, or (3) use discriminatory employment application forms, or inquiries made in connection with prospective employment.

Who is protected from employment discrimination?

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

Filing a complaint or advocating rights
Presence of any sensory, mental, or physical disability
Use of a trained dog guide or service animal
HIV/AIDS and Hepatitis C Status
Race
Creed
Color
National Origin
Sex
Marital Status
Age (40+)
Sexual Orientation, including Gender Identity

How are complaints filed?

Intake call or in-person interview: Goes to the Intake Unit to determine jurisdiction, followed by a complaint questionnaire if in the WSHRC ’s jurisdiction.
Complaint drafted, signed by Complainant, and received by the WSHRC within 6 months of the alleged date of discrimination.
Complaint assigned to investigator.

When an employer receives notice of a complaint what is its responsibility?

Send a written response to the charge within 15 days
Give its position on the alleged unfair action(s)
Provide relevant documentation
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 links the alleged harm and his/her protected class status.
The respondent 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.
The WSHRC always has the burden of proving or disproving discrimination by a preponderance of the evidence.

When an investigation is complete what happens?

The WSHRC staff makes a recommendation to the Commissioners.
If the WSHRC finds no discrimination, both parties are contacted with that finding.
If the WSHRC finds that illegal discrimination has occurred, 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). ALJ’s 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 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 “Respondent” community (employers, landlords, shop owners, etc.) who are interested in understanding and obeying the law.

What is the cost for training?

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

How can an employer contact the WSHRC?

Olympia Office (headquarters):

Phone:

Toll-Free:

1-800-233-3247

TTY Toll Free:

Seattle Office:

Phone:

Yakima Office:

Liberty Building
32 N. Third Street, Suite 422
Yakima , WA 98901-2730
Phone: 509/575-2772

Spokane Office:

Rock Point Plaza III
1330 N. Washington ST., Suite 2460
Spokane, WA 99201
Phone: 509-568-3196 -- FAX: 509-568-3197

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

Toll-Free:1-800-233-3247
TTY Toll Free: 1-800-300-7525

Complying with Non-Discrimination Law During a Layoff or Reduction in Force

Fourteen Points for Employers

also downloadable as either a Microsoft Word document or Adobe pdf Reader Document

Washington State Human Rights Commission Analysis of an Employment Decision

Bates v. UPS, 511 F.3d. 974 (9th Cir. 2007)

New Federal Law Prohibits Employers from Requiring Genetic Testing of Employees or Discriminating Against Employees on the Basis of Genetic Testing, and Imposes New Record-Keeping Requirements on Employers

SUPREME COURT RULING ON SMALL BUSINESSES AND DISCRIMINATION

Employers with less than eight (8) employees are exempt from the State Law Against Discrimination. However, in February 2000 the State Supreme Court ruled in "Roberts v. Dudley" that the state has established a clear public policy against discrimination based on sex. As a result, the Court ruled that a person could have a legitimate cause of action for the common-law tort of wrongful discharge - even though their employer has less than eight employees.Also of note: On July 10, 2000, the Washington State Court of Appeals Division I held in "Sedlaceck v. Hillis" that the reasoning from "Roberts v. Dudley" would apply equally to disability discrimination. The Commission encourages employers and employees to consult with legal counsel to learn more about their rights and responsibilities under the law, including any possible effects of these decisions on other forms of discrimination (such as race or national origin).

Click here for further information, including the full text of the Roberts v. Dudley decision (Please Note: This is a large file and may take a few moments to load).

The National Apprenticeship Act (29 CFR 5):

Under the National Apprenticeship Act of 1937, apprenticeship programs registered with the Department of Labor, and state apprenticeship programs registered with recognized state apprenticeship agencies, are prohibited from discriminating, and required to undertake affirmative action in apprenticeship programs, on the bases of race, color, religion, national origin and sex. This law is enforced by the Apprenticeship Training and Employer Labor Services <http://www.doleta.gov/atels_bat/> .

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