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Washington Workplace Discrimination Laws: WLAD Protections

Workplace discrimination is illegal in Washington under both state and federal law. The Washington Law Against Discrimination (WLAD) provides state-level protections that exceed federal law in several ways, including covering employers with 8 or more employees (compared to federal Title VII’s 15+ requirement) and protecting additional characteristics like marital status and HIV/AIDS status.

If you’ve experienced workplace discrimination in Washington, understanding your rights under WLAD and how it compares to federal protections is critical to protecting yourself and pursuing remedies.

Washington Law Against Discrimination (WLAD)

The Washington Law Against Discrimination (RCW 49.60) is Washington’s comprehensive anti-discrimination law.

Who Is Protected

Protected characteristics under WLAD:

  • Race
  • Creed
  • Color
  • National origin
  • Ancestry
  • Sex (including pregnancy, sexual orientation, gender identity, gender expression)
  • Marital status
  • Age (40+)
  • Disability (physical, mental, sensory)
  • Veteran or military status
  • Use of service animal
  • Genetic information
  • HIV/AIDS status
  • Hepatitis C status

Which Employers Must Comply

Covered employers: 8 or more employees

This is a key advantage over federal law:

Law Employer Size Requirement
Washington WLAD 8+ employees ✅
Federal Title VII 15+ employees
Federal ADA 15+ employees
Federal ADEA 20+ employees

What this means: If you work for an employer with 8-14 employees, you have state WLAD protection even though federal law doesn’t apply.

Example: You work for a 12-person tech startup. Your manager fires you because of your sexual orientation. Federal Title VII doesn’t apply (only 12 employees, requires 15+), but Washington Law Against Discrimination does apply (covers 8+ employees). You can file complaint with Washington State Human Rights Commission.

Gap for very small employers: If your employer has fewer than 8 employees, you have no state WLAD protection (would need federal law if employer has 15+).

What WLAD Prohibits

Illegal discrimination in:

  • Hiring: Refusing to hire based on protected characteristics
  • Firing: Terminating employees because of protected class
  • Promotions: Denying advancement opportunities
  • Compensation: Paying less based on protected characteristics
  • Benefits: Discriminating in benefits, insurance, retirement
  • Job assignments: Giving less desirable work based on protected class
  • Training: Denying professional development
  • Harassment: Creating hostile work environment based on protected characteristics
  • Retaliation: Punishing employees for opposing discrimination or participating in proceedings

Protected Characteristics Under WLAD

Race, Creed, and Color

Illegal conduct:

  • Hiring, firing, or promotion decisions based on race
  • Racial harassment, slurs, or epithets
  • Segregating employees by race
  • Different treatment based on skin color
  • Religious-based discrimination (creed)

Example: Your supervisor makes racist comments, gives you the worst assignments because of your race, and rates your performance lower than white employees with identical work. After you complain to HR, you’re fired. This is race discrimination and retaliation under WLAD.

Sex, Pregnancy, Sexual Orientation, and Gender Identity

WLAD explicitly protects:

  • Biological sex (male/female)
  • Pregnancy, childbirth, and related conditions
  • Sexual orientation (gay, lesbian, bisexual)
  • Gender identity (transgender, non-binary)
  • Gender expression

Pregnancy accommodation: WLAD requires reasonable accommodation for pregnancy-related limitations

Example: You’re transgender employee. Coworkers refuse to use your correct pronouns, make transphobic comments, and management does nothing after you complain. This creates hostile work environment based on gender identity, violating WLAD.

Marital Status

WLAD uniquely protects marital status (not protected by federal law):

Protected:

  • Married
  • Single
  • Divorced
  • Widowed
  • Separated
  • Domestic partnership

Illegal conduct:

  • Firing someone for getting married or divorced
  • Refusing to hire single parents
  • Treating married employees differently than single
  • Discriminatory application of anti-nepotism policies

Example: You’re fired after getting divorced, with supervisor stating “we don’t want employees with messy personal lives.” This is marital status discrimination illegal under WLAD but would have no federal protection.

Age (40+)

Protects workers 40 and older from age-based discrimination:

Illegal conduct:

  • Firing older workers to hire younger
  • Age-related comments (“too old,” “time to retire,” “need fresh blood”)
  • Denying training or promotion due to proximity to retirement
  • Targeting older workers in layoffs
  • Forced retirement (with limited exceptions)

Example: During restructuring, company lays off 18 of 20 employees over age 50 while retaining 25 of 28 employees under 40. Older laid-off employees had better performance ratings. This statistical disparity suggests age discrimination under WLAD.

Disability

Protects individuals with physical, mental, or sensory disabilities and requires reasonable accommodation:

Covered disabilities:

  • Physical impairments limiting major life activities
  • Mental impairments (depression, anxiety, PTSD, etc.)
  • Sensory impairments (vision, hearing)
  • Record of disability
  • Regarded as having disability

Reasonable accommodation: Modifications enabling qualified individuals with disabilities to perform essential job functions unless undue hardship

Examples:

  • Modified work schedule
  • Telework arrangements
  • Accessible workspace modifications
  • Assistive technology (screen readers, ergonomic equipment)
  • Modified job duties
  • Service animal accommodation

Example: You have anxiety disorder and request to work from home 2 days/week. Your job can be performed remotely. Employer denies without analyzing whether accommodation would cause undue hardship. This likely violates WLAD’s reasonable accommodation requirement.

National Origin and Ancestry

Prohibits discrimination based on:

  • Country of origin
  • Ethnicity
  • Accent
  • Ancestry
  • National origin characteristics

“English-only” rules: Generally illegal unless business necessity

Example: Employer prohibits employees from speaking Spanish during lunch breaks, even when not interacting with customers. Unless employer demonstrates compelling business necessity, this blanket policy violates WLAD.

Veteran and Military Status

Protects military service members and veterans:

Illegal conduct:

  • Refusing to hire veterans
  • Discriminating based on military service
  • Denying reemployment rights after military leave
  • Harassment based on military status

Works with federal USERRA: Federal law also protects military service members; WLAD provides additional state remedy.

HIV/AIDS and Hepatitis C Status

WLAD uniquely protects individuals with HIV/AIDS or Hepatitis C (not explicitly protected by federal ADA, though may be covered as disability):

Illegal conduct:

  • Firing upon learning of HIV/AIDS or Hepatitis C status
  • Refusing to hire based on HIV/AIDS or Hepatitis C
  • Harassment or ostracism based on status
  • Requiring disclosure of HIV/AIDS or Hepatitis C status

Example: Employer learns you’re HIV-positive and fires you, stating “we can’t have that liability.” This violates WLAD’s explicit protection for HIV/AIDS status.

Genetic Information

Prohibits discrimination based on:

  • Genetic test results
  • Family medical history
  • Genetic predisposition to disease

Prohibits requesting genetic information in employment context

How to Prove Discrimination Under WLAD

McDonnell Douglas Burden-Shifting Framework

Step 1: Prima facie case (you prove):

  1. You’re in protected class
  2. You were qualified for job/position
  3. You suffered adverse employment action
  4. Circumstances suggest discrimination (replaced by person outside protected class, similarly situated employees treated differently, discriminatory comments, etc.)

Step 2: Employer provides legitimate, non-discriminatory reason:

  • “We fired her for poor performance”
  • “We eliminated position due to budget cuts”

Step 3: You prove reason is pretext (cover-up):

  • Reason is factually false
  • Reason wasn’t real motivation
  • Evidence shows real reason was discriminatory

Types of Evidence

Direct evidence:

  • Explicit discriminatory statements
  • Written policies showing discrimination
  • Admission of discriminatory motive

Circumstantial evidence:

  • Comparative evidence: Similarly situated employees outside protected class treated better
  • Temporal proximity: Adverse action shortly after employer learns of protected characteristic or after complaint
  • Pretext: Employer’s stated reason is false or inconsistent
  • Statistical evidence: Pattern of discriminating against protected class
  • Discriminatory comments: Showing bias even if not explicitly stating intent

Example of strong case:

  • You’re pregnant employee
  • Request pregnancy accommodation (ability to sit, additional bathroom breaks)
  • Manager makes comments about pregnancy being “inconvenient for business”
  • You’re denied accommodation despite providing it for employees with back injuries
  • Two weeks after requesting accommodation, fired for “performance issues” despite excellent reviews
  • Non-pregnant employee with actually poor performance retained

This combines: direct evidence (pregnancy comments), disparate treatment (accommodation for back injury but not pregnancy), temporal proximity (2 weeks), pretext (excellent reviews), comparative evidence (poor performer retained).

Damages Under WLAD

Back Pay and Front Pay

Back pay: Lost wages from discrimination to judgment (NO SPECIFIC CAP)

Front pay: Future lost earnings if reinstatement not feasible (NO SPECIFIC CAP)

Compensatory Damages

Emotional distress, pain and suffering, mental anguish

Generally uncapped under WLAD, though Washington courts apply reasonableness standards

Can recover for:

  • Emotional pain and suffering
  • Anxiety, depression, PTSD
  • Humiliation and embarrassment
  • Loss of enjoyment of life
  • Therapy and counseling costs
  • Reputational harm

Example: You prove sex discrimination under WLAD. Jury awards:

  • $95,000 back pay
  • $250,000 compensatory damages (emotional distress, therapy costs)
  • Total: $345,000 + attorney’s fees

Punitive Damages

To punish egregious discrimination

When awarded: Employer acted with malice or reckless indifference

Subject to reasonableness standards but generally uncapped

Reinstatement and Attorney’s Fees

Reinstatement: Court can order employer to rehire you

Attorney’s fees: Prevailing plaintiffs recover reasonable attorney’s fees from employer

Filing Discrimination Complaint in Washington

Step 1: File with Washington State Human Rights Commission (WSHRC)

For WLAD discrimination claims:

Olympia Office:

  • Phone: 360-753-6770 or 1-800-233-3247
  • Address: 711 South Capitol Way, Suite 402, Olympia, WA 98504

File within: 1 year (365 days) of discriminatory act

Note: WSHRC’s 1-year deadline is longer than many states (Ohio is 180 days, Pennsylvania 300 days)

Online filing: hum.wa.gov/file-complaint

Step 2: Dual Filing with EEOC (Optional)

Work-sharing agreement: WSHRC and EEOC have work-sharing agreement

File with EEOC: 300-day deadline

Seattle EEOC:

  • Phone: 1-800-669-4000 or 206-220-6883

Dual filing: Filing with WSHRC or EEOC can automatically cross-file with other agency

Step 3: WSHRC Investigation

Process:

  1. WSHRC investigates complaint
  2. Contacts employer for response
  3. Reviews evidence
  4. May attempt mediation
  5. Issues finding of reasonable cause or no reasonable cause

Timeline: 6-18 months (can be longer)

Step 4: Administrative Hearing or Lawsuit

If WSHRC finds reasonable cause:

  • Can proceed to administrative hearing before WSHRC
  • Or file lawsuit in Washington Superior Court

If no reasonable cause:

  • Can still file lawsuit in court (WSHRC finding not binding)

Court filing: Can file in Washington Superior Court at various stages of WSHRC process

Strongly recommend: Hire employment attorney for lawsuit

WLAD vs. Federal Law Comparison

Coverage Comparison

Feature WLAD (Washington) Title VII (Federal)
Employer size 8+ employees ✅ 15+ employees
Protected classes 13+ categories ✅ 5 categories (Title VII)
Marital status Protected ✅ Not protected
HIV/AIDS status Explicitly protected ✅ May be covered as disability
Damage caps Generally uncapped ✅ $50k-$300k (capped)
Filing deadline 1 year ✅ 300 days

WLAD advantages:

  • ✅ Covers smaller employers (8+ vs. 15+)
  • ✅ Broader protected classes (marital status, HIV/AIDS, hepatitis C)
  • ✅ No statutory damage caps (vs. federal caps)
  • ✅ Longer filing deadline (1 year vs. 300 days)

Strategy: If you qualify under both, file under both to preserve all options. WLAD’s broader protections and lack of damage caps make it attractive.

Common Discrimination Scenarios in Washington

Scenario 1: Small Employer (WLAD Protects, Federal Doesn’t)

Situation: You work for a 10-person marketing agency. You’re gay. New CEO fires you, stating “I’m uncomfortable having gay employees representing our brand.” You’re replaced by straight employee.

Why this is illegal:

  • Sexual orientation discrimination under WLAD
  • Washington Law Against Discrimination applies (10 employees meets 8+ threshold)
  • Federal Title VII may not apply (only 10 employees, requires 15+, though EEOC interprets Title VII to cover sexual orientation)
  • Direct evidence of sexual orientation bias (explicit statement)

What to do:

  • File WSHRC complaint within 1 year
  • Document discriminatory statement
  • File both WSHRC and EEOC charges to preserve all options

Scenario 2: Marital Status Discrimination

Situation: You get divorced. Your employer fires you, stating “we prefer employees with stable family lives. Divorced employees bring drama.” You’re replaced by married employee.

Why this is illegal:

  • Marital status discrimination under WLAD
  • Federal law does NOT protect marital status, but Washington does
  • Direct evidence of marital status bias

What to do:

  • File WSHRC complaint within 1 year
  • Emphasize WLAD’s unique marital status protection
  • Document employer’s marital status-based statements

Scenario 3: Pregnancy Accommodation Denial

Situation: You’re pregnant with complications. Doctor restricts you from standing more than 2 hours at a time. You request accommodation (stool to sit on during shift). Employer provides stools for employees with back or knee injuries but refuses for pregnancy. You’re fired for “not meeting job requirements.”

Why this is illegal:

  • Pregnancy discrimination under WLAD
  • WLAD requires reasonable accommodation for pregnancy
  • Disparate treatment (provides accommodation for other temporary conditions but not pregnancy)

What to do:

  • File WSHRC complaint within 1 year
  • Document pregnancy accommodation request and denial
  • Show employer provides similar accommodations for non-pregnancy conditions
  • Prove disparate treatment

Scenario 4: HIV/AIDS Discrimination

Situation: Employer learns you’re HIV-positive through health insurance disclosure. You’re fired, with HR stating “we can’t risk having HIV-positive employee around others.” You’re qualified, experienced, and your HIV status doesn’t affect job performance.

Why this is illegal:

  • HIV/AIDS status discrimination under WLAD (explicit protection)
  • May also violate ADA (HIV can be disability)
  • Direct evidence of HIV/AIDS-based motive

What to do:

  • File WSHRC complaint within 1 year
  • Emphasize WLAD’s explicit HIV/AIDS protection
  • Document employer’s discriminatory statement
  • Show HIV status doesn’t affect ability to perform essential job functions

Retaliation Under WLAD

WLAD prohibits retaliation for opposing discrimination or participating in proceedings:

Protected activities:

  • Filing WSHRC complaint
  • Testifying in WSHRC investigation
  • Opposing discrimination (complaining to HR, confronting discriminator)
  • Supporting coworker’s discrimination complaint

Illegal retaliation:

  • Firing
  • Demotion or pay cut
  • Poor performance reviews
  • Hostile treatment
  • Any adverse employment action

Retaliation often easier to prove: Don’t need to prove underlying discrimination was valid—just that you reasonably believed it was.

Example: You file WSHRC charge alleging race discrimination. WSHRC finds no reasonable cause. However, you were fired 4 days after filing charge. You can still win retaliation claim even though underlying race discrimination claim failed—because you had reasonable belief discrimination occurred and suffered retaliation for filing charge.

Filing Deadlines Summary

Action Deadline Critical Notes
File WSHRC complaint 1 year (365 days) From discriminatory act—LONGER than many states
File EEOC charge 300 days From discriminatory act
File lawsuit Varies Can file at various stages of WSHRC process

WSHRC’s 1-year deadline is longer than many states (Ohio 180 days, Pennsylvania 300 days), giving workers more time to file.

Resources for Washington Workers

State Agency

Washington State Human Rights Commission (WSHRC):

Federal Agency

EEOC – Seattle Field Office:

  • Phone: 1-800-669-4000 or 206-220-6883
  • Address: 909 First Avenue, Suite 400, Seattle, WA 98104
  • Website: eeoc.gov

Free Legal Assistance

Columbia Legal Services:

Northwest Justice Project:

King County Bar Association Lawyer Referral (Seattle):

  • Phone: 206-267-7010

Related Topics

Get Help with Your Washington Discrimination Claim

Think you’ve experienced workplace discrimination in Washington? Get a free consultation from an employment law expert who understands WLAD protections.

Washington’s WLAD provides strong protections for workers at employers with 8+ employees (broader than federal law’s 15+ requirement), protects additional characteristics like marital status and HIV/AIDS status, and allows generous remedies without federal damage caps. Understanding WSHRC filing deadlines (1 year—longer than many states) and your rights is critical to protecting yourself.

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Washington employment laws are subject to change. For advice specific to your situation, please consult with a licensed employment attorney in Washington. Employment Law Aid is not a law firm and does not provide legal representation.