The Washington Law Against Discrimination: What It Means for Employers

The Washington Law Against Discrimination (RCW 49.60) covers employers with eight or more employees and protects a broader list of classes than federal law. It prohibits discrimination in hiring, firing, pay, and conditions, plus harassment and retaliation; requires reasonable accommodation of disability and religion; and lets supervisors be held personally liable. Employees can sue directly, within three years, for actual damages including emotional distress, and attorneys' fees.

By Trella Commercial · Updated October 5, 2026

The short version

  • Eight employees, not 15. The law covers employers with eight or more employees, below the federal threshold, excluding religious or sectarian nonprofits.
  • Broader protected classes than federal law, including marital status, sexual orientation and gender identity, citizenship or immigration status, and veteran or military status.
  • Supervisors can be personally liable (Brown v. Scott Paper Worldwide, 2001).
  • Employees can go straight to court. Filing with the Washington State Human Rights Commission is optional; a lawsuit can be filed within three years.
  • Damages include emotional distress and attorneys' fees, but not punitive damages (Dailey v. North Coast Life, 1996).
  • Claims are rising. Washington EEOC charges reached 1,724 in fiscal 2025, with retaliation in 68% and disability in 50%; those counts exclude complaints filed only with the state commission. See the data.

Who the law covers

QuestionAnswer
Which employers?Any employer of eight or more persons, and anyone acting in the employer's interest; religious or sectarian organizations not organized for private profit are excluded (RCW 49.60.040)
Who is protected?Employees and job applicants
Who can be liable?The employer, and supervisors personally for their own discriminatory acts
Smaller employers?Below eight employees, the employment provisions do not apply, though other laws may

Protected classes

Washington protects against employment discrimination because of age, sex, marital status, sexual orientation (including gender expression or identity), race (including hair texture and protective hairstyles), creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, disability, and the use of a trained dog guide or service animal (RCW 49.60.180).

What employers cannot do

Unfair practiceSection
Refuse to hire because of a protected classRCW 49.60.180(1)
Discharge or bar from employmentRCW 49.60.180(2)
Discriminate in compensation or other terms or conditionsRCW 49.60.180(3)
Publish job ads or statements expressing a limitation or preference based on a protected class, unless based on a bona fide occupational qualificationRCW 49.60.180(4)
Retaliate against anyone who opposed a forbidden practice, filed a charge, testified, or assistedRCW 49.60.210

Harassment

In Glasgow v. Georgia-Pacific (1985), a sexual harassment case, the Washington Supreme Court set out what an employee must show. The harassment was:

  1. Unwelcome
  2. Because of sex
  3. Sufficiently pervasive to alter the conditions of employment and create an abusive working environment
  4. Imputable to the employer: an owner or manager took part, or the employer knew or should have known and failed to take reasonably prompt and adequate corrective action

The fourth element is where employers can protect themselves: a clear complaint process and a prompt, documented response.

Accommodation

TypeWashington rule
DisabilityEmployers must reasonably accommodate a disability; for accommodation purposes, the impairment must be known or shown through an interactive process and have a substantially limiting effect (RCW 49.60.040)
ReligionThe law includes a duty to reasonably accommodate an employee's religious practices, and an employee can sue for failure to accommodate (Kumar v. Gate Gourmet, 2014)

Disability is one of the fastest-growing grounds for charges: Washington disability charges at the EEOC grew 149% from fiscal 2021 to 2025.

Deadlines and process

PathDeadlineWhat happens
Washington State Human Rights CommissionWithin six months of the act (one year for pregnancy, two years for whistleblower retaliation)Investigation; if reasonable cause is found, conciliation
EEOCWithin 300 daysInvestigation, mediation, right-to-sue notice
Lawsuit under WLADWithin three years (Antonius v. King County, 2004)No requirement to file with the commission first

Remedies

AvailableNot available
Actual damages, including lost wagesPunitive damages (Dailey v. North Coast Life, 1996)
Damages for emotional distress and mental suffering
Reasonable attorneys' fees and costs
Injunctive relief

Fee shifting is a large part of the exposure: a plaintiff who wins can recover attorneys' fees, which can exceed the damages in a smaller case.

How EPLI responds to a WLAD claim

ClaimEPLI
Discrimination, harassment, retaliation, failure to accommodateUsually covered, including defense of commission and EEOC charges
Personal claims against a supervisorUsually covered if the supervisor is an insured under the policy
Emotional distress damages and attorneys' fees awardedUsually covered as damages, subject to the limit
Cost of reinstating or accommodatingUsually excluded as a cost of compliance

See what EPLI covers and the complete EPLI guide.

Common questions

How many employees before the Washington Law Against Discrimination applies?

Eight. RCW 49.60.040 defines an employer as one who employs eight or more persons, excluding religious or sectarian organizations not organized for private profit. Federal laws like Title VII apply at 15.

Can a supervisor be personally sued under Washington discrimination law?

Yes. In Brown v. Scott Paper Worldwide (2001), the Washington Supreme Court held that supervisors, along with their employers, can be held liable for their discriminatory acts under the Washington Law Against Discrimination.

Do employees have to file with the Human Rights Commission before suing?

No. RCW 49.60.030 gives anyone injured by a violation a civil action in court, and filing with the Washington State Human Rights Commission is not required first. A lawsuit must be filed within three years.

Are punitive damages available under the Washington Law Against Discrimination?

No. In Dailey v. North Coast Life Insurance (1996), the Washington Supreme Court held punitive damages are unavailable under the law. Actual damages, including emotional distress, and attorneys' fees are recoverable.

Does Washington require religious accommodation?

Yes. In Kumar v. Gate Gourmet (2014), the Washington Supreme Court held that the Washington Law Against Discrimination includes a duty to reasonably accommodate an employee's religious practices.

Sources

This page is general information, not legal advice. Laws were checked against primary sources in October 2026.

More in this guide

Find out what your current policies actually cover.

Send us what you have. We review it line by line against your leases and contracts, and tell you plainly what is missing. Free, and no obligation.