Best Job Discrimination Lawyers in Washington

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Migliaccio & Rathod LLP
Washington, United States

Founded in 2016
14 people in their team
English
Migliaccio & Rathod LLP is a private public interest law firm based in Washington, DC, with a focus on class action litigation across consumer protection, wage theft, environmental harm, data privacy, and civil rights. The firm represents individuals and communities by pursuing large scale actions...
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1. About Job Discrimination Law in Washington, United States

Washington state law protects workers and job applicants from discrimination in the workplace. The Washington Law Against Discrimination (WLAD) is the primary statute governing these protections and is enforced by the Washington State Human Rights Commission (HRC). In addition, federal laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) may apply, depending on the case.

WLAD prohibits discrimination based on protected characteristics in hiring, firing, pay, promotions, and terms and conditions of employment. The statute also prohibits retaliation for opposing discriminatory practices or for participating in a discrimination proceeding. In practice, you may pursue a remedy through state agencies, federal agencies, or the courts, depending on the facts of your case.

“The Washington Law Against Discrimination prohibits discrimination in employment based on protected characteristics such as race, sex, religion, age, national origin, pregnancy, disability, sexual orientation, gender identity, and more.”
Washington State Human Rights Commission

Understanding the interplay between state and federal protections is important. Some claims can be brought with both state and federal authorities, which may affect deadlines and procedures. For residents of Washington, working with a lawyer who understands both WLAD and federal anti-discrimination laws can help you choose the best path and maximize your remedies.

Key takeaway: WLAD provides broad protections in Washington workplaces, and state enforcement complements federal enforcement to protect workers from discrimination.

2. Why You May Need a Lawyer

Discrimination cases can involve complex facts, procedural hurdles, and nuanced remedies. A qualified attorney or legal counsel can help you navigate the process and protect your rights in Washington.

  • On-the-job harassment based on protected characteristics that escalates after you complain or request accommodation, creating a hostile work environment and potential retaliation.
  • Termination or demotion after requesting reasonable accommodation for a disability or pregnancy, where the employer cites performance or policy reasons but the facts suggest discrimination.
  • Pay inequity tied to gender, race, or another protected class supported by pay records, performance reviews, and company policies.
  • Retaliation after whistleblowing about safety violations or reporting illegal activity, which WLAD explicitly guards against in Washington.
  • Discrimination during the hiring process for factors such as age, pregnancy status, or gender identity, which may violate WLAD and federal law.
  • Disability discrimination affecting accommodations where the employer fails to provide reasonable adjustments needed to perform the job.

3. Local Laws Overview

The Washington Law Against Discrimination (WLAD) is codified in RCW 49.60. It broadly prohibits employment discrimination and retaliation in Washington state. The statute has been amended over the years to expand protections and clarify obligations for employers and job applicants alike. For the full text and current provisions, see the Washington Legislature's official site.

Key provisions often cited in practice include:

  • Prohibition of discrimination in employment based on protected characteristics, including race, color, national origin, sex, sexual orientation, gender identity, pregnancy, disability, age (40 and over), religion, marital status, and more.
  • Prohibition of retaliation against a person for opposing discrimination, filing a complaint, or participating in a WLAD proceeding.
  • Requirements for reasonable accommodation of disabilities and pregnancy where a worker can perform the essential job duties with adjustments.

Enforcement is primarily handled by the Washington State Human Rights Commission, which investigates complaints, attempts conciliation, and can pursue enforcement actions. For federal protections that may apply, the U.S. Equal Employment Opportunity Commission handles charges under federal statutes such as Title VII, ADA, and ADEA. See also the RCW 49.60 page for WLAD details.

Recent trends in Washington include ongoing efforts to clarify and expand protections for LGBTQ employees, pregnancy accommodations, and disability rights within workplaces. State and federal agencies increasingly emphasize early intake, outreach, and mediation to resolve disputes without litigation. These dynamics can affect strategy, timing, and potential damages in your case.

4. Frequently Asked Questions

What protections does Washington's WLAD cover in employment?

WLAD protects job applicants and employees from discrimination based on protected characteristics such as race, sex, national origin, religion, disability, age, pregnancy, sexual orientation, and gender identity. It also bars retaliation for opposing discrimination or participating in a WLAD proceeding. For specifics, consult the RCW 49.60 text and WA HRC guidance.

How do I start a discrimination claim in Washington state?

You can start by contacting the Washington State Human Rights Commission to file a complaint, or you may file with the U.S. Equal Employment Opportunity Commission if federal protections apply. The agencies will review your claim, determine eligibility, and may attempt mediation or conciliation. You should gather documentation such as emails, performance reviews, pay records, and witness statements.

When should I file a complaint with WA HRC or EEOC?

Filing deadlines vary by agency. WA HRC complaints typically have a one year window from the last discriminatory act. EEOC charges are usually due within 180 days, extended to 300 days if a state or local law also prohibits the discrimination. Consult a lawyer quickly to confirm applicable deadlines in your case.

Where can I file a complaint for discrimination in Washington?

You may file with the WA HRC using their online portal or by mail. If federal protections apply, you can also file with the EEOC. In some cases, you may pursue state court after receiving appropriate notices from the agencies. A lawyer can help determine the best path for your situation.

Why should I hire an attorney for a job discrimination claim?

An attorney can assess eligibility, preserve evidence, and navigate filing deadlines. They can negotiate with agencies, advise on the merits of your claim, and represent you in mediation or court. Washington cases often involve mixed state and federal claims that benefit from experienced legal counsel.

Can I represent myself in a WLAD complaint?

You may represent yourself, but discrimination cases involve complex evidence and procedural rules. An attorney can help you present a stronger case, interpret agency determinations, and pursue the appropriate remedies if needed. Consider at least a consultation to understand your options.

Should I file with EEOC first or WA HRC first?

If you have both state and federal claims, many people file with the state agency first and then with the EEOC. The timing can affect the ability to pursue court remedies later. A lawyer can tailor the strategy to your facts and deadlines.

Do I need to prove intent to win a WLAD case?

Not always. Washington law allows you to prove discrimination through direct evidence or through indirect evidence showing disparate impact. A lawyer can help determine which approach fits your situation and gather the necessary documentation.

How much can I recover in damages for job discrimination?

Damages may include back pay, front pay, compensatory damages, and attorney fees, depending on the case and whether WLAD, federal law, or both apply. Some caps and limits may exist for certain kinds of claims; a lawyer can explain what you may recover.

How long does the discrimination process take in Washington?

Agency investigations can take several months to a year or longer, depending on complexity and caseload. If the matter proceeds to litigation, court timelines vary by county and court calendar. Early mediation often shortens overall timelines.

What is the difference between a complaint and a charge?

A complaint is typically filed with the WA HRC to start a state level process. A charge is filed with the EEOC to pursue federal protections. Some cases involve both a WLAD complaint and an EEOC charge, which can influence deadlines and remedies.

Is pregnancy discrimination covered in Washington?

Yes. Pregnancy and related medical conditions are protected under WLAD, and employers must provide reasonable accommodations when possible. You should document requests for accommodations and any adverse employment actions tied to pregnancy.

Can I sue my employer in state court for discrimination without filing with a state agency?

In some circumstances you may bring a direct civil action after receiving certain notifications or if the agency process does not apply or has concluded. A lawyer can determine whether court action is appropriate in your case and help with the right timing and procedure.

5. Additional Resources

6. Next Steps

  1. Gather key documents: job applications, performance reviews, payroll records, emails, witness statements, and any messages about the discriminatory conduct. Timeline: 1 week.
  2. Identify potential protected classes involved in your claim and list dates of the relevant incidents. Timeline: 2 weeks.
  3. Consult a Washington employment attorney or legal counsel to review your facts and deadlines. Schedule a first meeting within 2-3 weeks.
  4. Determine whether to file with WA HRC, EEOC, or both. Your attorney can explain filing windows and strategic implications. Timeline: 1-2 weeks after intake.
  5. Prepare and submit the initial complaint or charge with the appropriate agency, under your attorney's guidance. Timeline: 1-6 months, depending on agency backlog and complexity.
  6. Consider mediation or settlement discussions early in the process to resolve the dispute faster if possible. Timeline: flexible, often within 3-9 months.
  7. If needed, proceed to litigation with a plan for discovery, expert input, and trial readiness. Timeline: 12-24 months or longer, depending on court schedules.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.