What are my rights against workplace harassment in Washington?
1. Federal Floor. Title VII (15+ employees) and Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), provide the federal baseline.
2. State Statute & Agency. The Washington Law Against Discrimination (WLAD), RCW 49.60, is enforced by the Washington State Human Rights Commission (WSHRC). WLAD covers employers with 8 or more employees (RCW 49.60.040(11)).
3. Standard for Hostile Work Environment. Washington applies the "severe or pervasive" standard articulated in Glasgow v. Georgia-Pacific Corp., 103 Wn.2d 401 (1985), and Davis v. Fred's Appliance, Inc., 171 Wn. App. 348 (2012). Washington courts construe WLAD liberally per RCW 49.60.020.
4. Protected Categories. Race, creed, color, national origin, citizenship/immigration status, families with children, sex, marital status, sexual orientation (including gender identity/expression), age (40+), honorably discharged veteran or military status, the presence of any sensory/mental/physical disability, the use of a trained dog guide or service animal, and HIV/Hepatitis C status.
5. Quid Pro Quo vs Hostile Environment. Washington recognizes both theories. Glasgow sets the four-element WLAD hostile-environment test (unwelcome harassment, because of protected class, affecting terms/conditions, imputable to employer).
6. Employer Liability. Imputation is per Glasgow: employer authorized, knew, or should have known of harassment and failed to take reasonably prompt and adequate corrective action.
7. Mandatory Training. Washington requires hotel/motel/retail/security-guard employers to provide sexual-harassment training to certain workers (RCW 49.60.515), and provide panic buttons in some hotels. No general training mandate for all employers.
8. Filing Deadline. EEOC: 300 days. WSHRC: 6 months (RCW 49.60.230(1)(a)). WLAD court actions: 3 years under the general tort statute (RCW 4.16.080).
9. NDA Restrictions. RCW 49.44.210 (Silenced No More Act, 2022) voids any NDA in an employment agreement or settlement that prevents disclosure of harassment, discrimination, retaliation, wage-and-hour violations, sexual assault, or related conduct.
This is legal information, not legal advice.
- You are asked to sign an NDA covering harassment (void under RCW 49.44.210)
- You work in hospitality or retail and need to invoke the panic-button/training law
- You missed the 6-month WSHRC deadline but are within the 3-year court window
- RCW 49.60 (WLAD)
- RCW 49.44.210 (Silenced No More)
- RCW 49.60.515
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.