What Counts as Employment Discrimination in Washington?
Under state and federal law, illegal discrimination occurs when an employer treats an applicant or employee unfavorably because of a “protected personal characteristic.” These include the person’s race or characteristics associated with race (like hair texture or skin color); sex, sexual orientation, or pregnancy; national origin, ancestry/ethnicity, or language accent; age; disability; religious beliefs; or marital status. Discrimination can include things like denials of raises or promotions; demotions or terminations; demands for sexual acts or sexual conduct; vulgar or offensive language or slurs; and other kinds of intimidation, harassment, or insulting and demeaning speech or actions that are frequent or severe when these actions target an employee based on a protected personal characteristic.
It is also illegal for a Washington employer to retaliate against an employee for asking about their rights to a discrimination-free workplace, or for complaining about or objecting to employer policies or illegal actions under state or federal anti-discrimination laws. Employers are also prohibited from discriminating in employee pay based on protected personal characteristics like sex/gender, or from making certain kinds of pay inquiries that would encourage sex-based pay discrimination.
Washington Employment Discrimination Attorneys – Protecting Your Rights
Employees in Washington who have been fired, denied equal pay or promotion opportunities, or otherwise suffered discrimination in their employment due to a protected personal characteristic may be entitled to legal remedies, including reinstatement and back wages, lost income due to a demotion or termination, damages for emotional distress, and court orders requiring the employer to take other actions to remedy the discrimination.
Under these laws, Washington employers are often also required to pay the legal fees and costs of a successful employee. The employment discrimination lawyers at Schuck Law work on a contingency basis to recover money damages and pursue legal remedies for employees at no out-of-pocket cost to our clients.
If you believe your employer has discriminated against you in your pay, promotions, or other terms of employment because of a protected personal characteristic like sex/gender, race, religion, disability, age, sexual orientation, marital status, or national origin, the Washington employment attorneys at Schuck Law may be able to help.
Call 360-566-9243 today to schedule a free initial phone consultation with a knowledgeable Washington employment discrimination lawyer at Schuck Law.
Employment Discrimination: Frequently Asked Questions
What are the main types of illegal employment discrimination?
Under Washington law, illegal employment discrimination includes:
- Race/Color Discrimination: Treating employees or job applicants unfavorably or paying them less because of their race or personal characteristics associated with race, such as hair texture, skin color, or facial features.
- National Origin Discrimination: Treating employees or job applicants unfavorably or paying them less because of the employee’s country of origin, accent, ethnicity/ancestry, or appearance traits related to ethnicity.
- Gender Discrimination: Treating employees or job applicants unfavorably based on sex, including sexual harassment, discrimination because of sexual orientation or gender identity, discrimination against pregnant women or failure to provide reasonable pregnancy accommodations, and unequal gender-based pay for equal work.
- Disability Discrimination: Treating qualified employees or job applicants unfavorably because of a disability, including by failing to provide reasonable accommodations or by paying them less.
- Age Discrimination: Treating any adult employees or applicants unfavorably or paying them less because of the employee’s age.
- Religious Discrimination: Treating employees or job applicants unfavorably because of religious beliefs, practices, or observances, including by failing to provide reasonable religious accommodations or by paying them less.
- Marital / Family Status Discrimination: Treating employees or job applicants unfavorably or paying them less based on whether the employee is single, married, or divorced, or because the employee does or doesn’t have children.
- Discrimination Based on Active Military Status: Refusing to hire or promote an employee based on the employee’s active military duty status, or refusing to restore an employee to their job after a leave due to active military service.
What is a hostile work environment?
A hostile work environment occurs when unwelcome conduct related to a protected personal characteristic creates an intimidating, harassing, offensive, or abusive work atmosphere. Common forms of unwelcome conduct that may create a hostile work environment include offensive jokes, slurs, physical threats, sexual demands, ridicule, and deliberate interference with work performance or job advancement based on a protected characteristic. Unwelcome conduct related to a protected characteristic is illegal if enduring the offensive conduct becomes a condition of employment, and the conduct is severe and/or frequent.
What is the difference between disparate treatment and disparate impact?
“Disparate treatment” is intentional discrimination where an employer treats individuals differently because of protected personal characteristics. “Disparate impact” occurs when policies or practices that appear neutral disproportionately affect groups of workers based on their protected characteristics, even if the employer doesn’t intend to discriminate. Both types of discrimination are illegal under federal employment law.
What is a constructive discharge?
Constructive discharge occurs when severe and/or ongoing discrimination renders an employee’s working conditions so difficult and intolerable that a reasonable person would feel forced to resign, and the employee quits due to the intolerable discriminatory conditions. If the employer knew about and didn’t correct the discrimination, the employer can be legally liable for constructive discharge just as though the employer had illegally fired the employee.
Is discrimination still illegal if I’m an at-will employee?
While most states have at-will employment, meaning employers can terminate employees for any reason, they cannot fire employees for discriminatory reasons. At-will employment agreements don’t override federal and state anti-discrimination laws. At-will employees have full legal protection against discrimination based on protected characteristics.
Washington Laws Prohibiting Discrimination
Washington Law Against Discrimination (WLAD)
The Washington Law Against Discrimination (WLAD) makes it illegal to discriminate against employees on the basis of race, color, religion or creed, national origin, citizenship or immigration status, sex, sexual orientation, marital or parenting status, age (over 40), veteran or military status, or disability. These categories are sometimes called “protected personal characteristics.” The WLAD applies to most employers with 8 or more employees, with very limited exceptions.
The WLAD applies to a broad spectrum of employment decisions including hiring, firing, pay and promotions, accommodation of religious observances, and other decisions concerning terms and conditions of employment. The WLAD also requires employers to make reasonable accommodations for disabled employees. Washington law also protects employees from retaliation for asking about or invoking their rights under the WLAD, or for objecting to employer policies or actions that are illegal under the WLAD.
Employees who have been wrongfully fired, demoted, or denied a promotion or raise due to a protected personal characteristic, who have been subjected to intolerable insults or intimidation due to a protected personal characteristic, or who suffered retaliation for asking about discrimination protections or objecting to policies or actions that violate the WLAD may have legal claims against their employers and managers for money damages, legal costs and fees, court orders requiring the employer to remedy the unlawful circumstances, and other remedies.
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The Washington Equal Pay Act (Washington EPA)
The Washington Equal Pay Act (Washington EPA) was recently expanded to prohibit employers from discriminating in pay not only on the basis of sex or gender, but also on the basis of sexual orientation, race/color, national origin, age, disability, marital status, or military service status. These changes went into effect July 1, 2025. Washington’s updated equal pay laws are broader than federal law, and apply to virtually all Washington employment with very limited exceptions.
It is illegal in Washington to pay employees lesser amounts on the basis of a protected personal characteristic. This includes payment of bonuses, benefits, and other compensation in addition to wages or salary. However, the Washington EPA does not prohibit employers from taking factors other than protected personal characteristics into account, such as seniority, merit, productivity, work location, education, or experience.
Washington employees who have been paid less than their colleagues due to a protected personal characteristic may have claims against their employers under the Washington EPA for unpaid wages and matching amounts as “liquidated” damages, penalty amounts of at least $5,000, and legal costs and fees.
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Important Legal Disclaimer: This website contains general information only, not legal advice. It is not intended, nor should it be relied upon, as legal advice. Reading of this website does not create an attorney client relationship. Each employment situation has unique facts, which when considered by the lawyers at Schuck Law, would result in specific legal advice or opinions. For this reason, Schuck Law does not guarantee any actions taken by any person or entity based upon another’s interpretation of this website. If you are an employee and want to discuss your specific situation, our lawyers offer consultation with no obligation to pay any money, sign up, or incur lawyer fees. Schuck Law generally takes nearly all cases on a contingency fee basis making employers pay the employee’s lawyer fees to Schuck Law. If the employee does not sign a fee agreement with Schuck Law, no attorney client relationship is formed. Despite this fact, communications with Schuck Law are confidential.