Anti-Discrimination Statutes
Basic federal anti-discrimination statutes, like Title VII, the Americans with Disabilities Act (ADA) (15 or more employees) or the federal Age Discrimination & Employment Act (ADEA) (20 or more employees) may apply. The Washington Law Against Discrimination, however, applies to employers with eight (8) or more employees. Washington courts have also created a cause of action in tort for wrongful termination of an employee if the termination is against “public policy.” This means that employees even with fewer than eight employees may be susceptible to lawsuits alleging wrongful termination due to discrimination.
Washington prohibits discrimination in broader categories than federal law. Washington prohibits discrimination based upon race, religion, marital status, age, sexual orientation and even political affiliation.
Under state and federal law, employers are subject to liability for harassment by managers, supervisors and other employees. Washington courts tend to interpret Washington law consistent with federal law, but there are certain areas of Washington law that have been interpreted differently than federal law. Under Washington law, an employer may be strictly liable if an owner, manager or partner participates in the harassment.
With regard to coworker harassment, Washington law distinguishes between “managers” who are closely connected to the corporate management and “supervisors” who have low level authority. In Washington, the plaintiff must prove that the person committing the harassment is an employee and the employer authorized, knew or approved of the harassment and failed to take reasonably prompt and adequate corrective action. Employers can argue that the case should be dismissed because the employee failed to use an open door complaint process. Consequently, it is important for employers to train employees how to complain about unlawful and offensive conduct in the workplace.
Washington prohibits discrimination in broader categories than federal law. Washington prohibits discrimination based upon race, religion, marital status, age, sexual orientation and even political affiliation.
Under state and federal law, employers are subject to liability for harassment by managers, supervisors and other employees. Washington courts tend to interpret Washington law consistent with federal law, but there are certain areas of Washington law that have been interpreted differently than federal law. Under Washington law, an employer may be strictly liable if an owner, manager or partner participates in the harassment.
With regard to coworker harassment, Washington law distinguishes between “managers” who are closely connected to the corporate management and “supervisors” who have low level authority. In Washington, the plaintiff must prove that the person committing the harassment is an employee and the employer authorized, knew or approved of the harassment and failed to take reasonably prompt and adequate corrective action. Employers can argue that the case should be dismissed because the employee failed to use an open door complaint process. Consequently, it is important for employers to train employees how to complain about unlawful and offensive conduct in the workplace.