Discrimination
The Law
Federal Law - Title VII of 1964, as amended – Discriminatory Practices are unlawful if they are based on race, color, religion, sex, or national origin.
Washington State Law – RCW 49.60 - Discriminatory Practices are unlawful if they are based on age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability.
Discrimination - an employee must establish the following requirements to prove a claim of discrimination:
- 1. He or she was a member of a protected group
- 2. He or she was subject to an adverse employment decision or action
- 3. The person who got the job was outside the protected group and
- 4. That the employee was qualified to do the job
Hostile Work Environment Claim - an employee must establish the following to prove a hostile work environment claim based on harassment:
- 1. The harassment was unwelcome
- 2. The harassment was because of protected group status
- 3. The harassment affected the terms or conditions of employment and
- 4. The harassment is imputed to the employer
Recovery
In an employment discrimination case, a prevailing employee is entitled to recover the following damages:
- 1. Back pay – including wages and fringe benefits
- 2. Future earnings and fringe benefits
- 3. Emotional damage – no limit under Washington law
- 4. Expenses incurred due to the wrongful discharge – no limit under Washington law
- 5. Punitive damages – only under Federal Law when appropriate and limited to $300,000
Pauley Law Group, pllc has represented both management and employees in a variety of employment related disputes including claims involving general discrimination. If you or your business has an issue concerning discrimination, please contact Ryan Pauley at 206-684-9454.
The material on this website is for informational purposes only. We are not providing legal advice. Using this website does not create an attorney-client relationship between Pauley Law Group, pllc and the user or browser. You should contact Pauley Law Group, pllc directly to obtain legal advice or legal representation.
