Blog

What Businesses Should Know about Washington’s Anti-Discrimination Laws

By September 8, 2015 No Comments

Recently, the HBO series Last Week Tonight, hosted by comedian and former Daily Show correspondent John Oliver, aired a segment about how, in 31 states, discrimination against individuals on the basis of sexual orientation – including discrimination against employees by employers – is legal. Washington is in the 19-state minority, mostly huddled along the coasts or hugging the Great Lakes, where such discriminatory practices on the basis of sexual orientation are not legal under state law.

This blog post discusses one Washington State nondiscrimination law that applies to businesses in the context of discrimination on the basis of sexual orientation. Keep in mind that even if this law does not apply to your business, other laws prohibiting discriminatory practices may apply.

Businesses can also be fined for discriminatory practices against customers that are found to violate Washington’s anti-discrimination law. For example, a Richland, Washington florist who refused to provide flowers for a same-sex wedding made national headlines when a Benton County Superior Court judge fined her for violating this law.

Washington’s prohibition against discrimination by employers against employees or potential employees on the basis of sexual orientation is just one provision of Washington’s law against discrimination. As it relates to businesses, this law grants citizens of the state the “right to be free from discrimination because of race, creed, color, national origin, sex, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability is recognized as and declared to be a civil right” and extends those rights to include the “right to obtain and hold employment without discrimination.”

Under the law, an employer cannot ( 1) refuse to hire; (2) terminate; (3) engage in discriminatory compensation practices or terms of employment; or (4) print, circulate, or use discriminatory statements, advertisements, publications, job application forms, or make any discriminatory inquiry in connection with prospective employment for individuals protected by the Act. Very small employers, with fewer than eight employees, are exempt from the law’s requirements.

The Washington State Human Rights Commission has jurisdiction over claims alleging violations of the state’s nondiscrimination laws and investigates complaints. A signed complaint must be filed with the Human Rights Commission within six months of the last act of alleged discrimination.

If a complaint is filed against an employer, the employer must send the Human Rights Commission a response to the charge, in writing, within 15 days, giving its position on the alleged unfair activity; and submit relevant documentation, and witness names and contact information. If the investigator finds that illegal discrimination occurred, the parties will be encouraged to resolve the dispute via voluntary agreement. If an agreement cannot be reached, the Human Rights Commission has discretion to request a formal hearing before an Administrative Law Judge who can impose substantial penalties.

Businesses should keep in mind that it is also illegal to retaliate against an employee who files a complaint under this law or participates in an investigation. If you have questions about your business’s nondiscrimination policy, contact us. We enjoy advising small business clients on compliance issues!

Photo credit: Prayitno on Flickr

This post is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting with an attorney.

(206) 784-5305