Discrimination Lawyers in Seattle: Fight for Your Rights
Has your employer discriminated against you because of your race, creed, color, national origin, sex, pregnancy, or veteran/military status?
At Rekhi & Wolk, our Seattle workplace discrimination lawyers may be able to help you if you’ve suffered from discrimination by an employer or prospective employer and you are a member of a protected class.
A protected class means you are protected from being discriminated against because of your race, national origin, color, religion, disability, or sex. Also, you are considered a protected class based on pregnancy, sexual orientation or identity, age, marital status, or military status. These are just some examples. There are also other protected classes.
We may be able to help you if:
- You weren’t hired or promoted by a discriminatory employer
- An employer harassed you or allowed employees to harass you based on your protected status
- You were wrongfully terminated based on your protected class
Protecting Workers Throughout Seattle
Our discrimination attorneys have successfully represented hundreds of employees who have experienced discrimination by their employers, and if you need help, we hope to help you next. Indeed, attorneys at Rekhi & Wolk co-authored the chapter on Race Discrimination in the book used by other attorneys as their reference for Washington law.
If you are a member of a legally protected group and believe your employer has discriminated against you, contact us today to speak with an experienced discrimination lawyer about your case.
What You Need to Know about Workplace Discrimination in Washington
Workers in Washington State are protected from employment discrimination by state and federal law. Seattle also protects employees working in Seattle through its Fair Employment Practices Ordinance.
What Laws Protect Employees From Discrimination?
The Washington State Law Against Discrimination protects all residents from unfair and discriminatory practices in employment, real estate transactions, public accommodations, credit, insurance, health care whistleblower, and state employee whistleblower complaints.
This law expressly provides what categories are protected and what employment practices are prohibited and prohibits retaliatory action against an aggrieved employee.
Title VII of the Federal Civil Rights Act of 1964 protects employees and job applicants from employment discrimination based on race, color, religion, sex, and national origin. It is enforced by the EEOC and courts. 42 USC Section 1981 protects employees from race and national origin discrimination.
The Seattle Fair Employment Practices Ordinance protects workers in Seattle from discrimination.
What is the EEOC and What Does it Do?
The federal Equal Employment Opportunity Commission investigates complaints of workplace discrimination based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (40 or older), or genetic information. The Seattle employment lawyers at Rekhi & Wolk have worked with EEOC attorneys on several cases.
What Constitutes Workplace Discrimination in Washington State?
Under the law, it is unlawful workplace discrimination if, because of a person’s race, creed, color, national origin, sex, religion, HIV status, marital status, age (40+), disability, sexual orientation/gender identity, honorably discharged veteran or military status, or use of a trained dog guide or service animal by a person with a disability, an employer:
- refuses to hire a person,
- discharges or bars a person from a job,
- discriminates in compensation or other terms or conditions of employment,
- prints, circulates, or uses any discriminatory statement, advertisement, publication, or job application form, or makes any inquiry in connection with prospective employment that is discriminatory.
It is also unlawful employment discrimination if an employment agency
- discriminates in classification or referrals for employment,
- prints or circulates any discriminatory statement, advertisement, or publication, or
- uses discriminatory employment application forms or inquiries made in connection with prospective employment.
How to Know if You’re a Victim of Workplace Discrimination
Some evidence of discrimination may become obvious to you, such as disparity in pay or working conditions seemingly due to your protected status or verbal harassment. However, more subtle signs may also indicate unlawful workplace discrimination, such as:
Inappropriate Personal Questions During the Interview Process
Employers are restricted in what they can and cannot ask you about yourself during an interview. Questions such as, “I see you are married; do you plan to become pregnant?” or “I like your tattoo; can you tell me what it means?” may be prohibited.
Lack of Diversity in the Workplace
If, in your tour of the workplace or the first few weeks of employment, you realize there is a lack of diversity in gender, age, race, creed, color, national origin, or marital status, that may indicate discriminatory hiring practices.
Gendered Workplace Roles
While society recognizes that there were once purportedly appropriate work duties for men and women, this is no longer the case, and restricting either gender from obtaining and performing a non-traditional job is now unlawful. For example, if you work in a hospital and notice that all the nurses and administrative assistants are female and all the doctors and orderlies are male, that may indicate discriminatory hiring practices.
Inappropriate Jokes or Banter
Similarly, once thought harmless and simple joking or teasing, certain communications and images may now be unlawful as they can create a hostile work environment for the subject of the joke or those hearing or viewing the offensive material.
How Can a Discrimination Lawyer Help?
A workplace discrimination lawyer will discuss your concerns and determine whether you may be a victim of workplace discrimination. If you have a valid claim, your workplace discrimination lawyer will communicate with your employer and their lawyers, work to remediate the discriminatory situation, and get you the compensation you deserve.
What are “Protected Classes” in Employment Discrimination Law?
Job applicants, employees, and former employees are all protected from discrimination by employers based on the following:
- Race
- Color
- Creed
- Religious affiliation
- Sex (including sexual orientation and gender identity)
- National origin (including citizenship)
- Disability
- Age (if the individual is 40 or older),
- Genetic information (including family medical history)
- Veteran Status
- HIV status
- Pregnancy
- Marital Status
- Political Ideology (in Seattle)
An employer may not deny employment or a promotion to an employee because they fall into one of these groups. An employer is also prohibited from terminating an employee due to their protected status.
What are the Most Common Types of Employment Discrimination?
Discrimination Due to Race/Nationality
Under the Washington Law Against Discrimination, Title VII of the Civil Rights Act of 1964 and Section 1981, and Seattle’s Fair Employment Practices Ordinance, it is illegal for employers to discriminate against employees based on their race or nationality. If you have faced discrimination or harassment by your employer because of your race or national origin, our employment lawyers may be able to help.
Age Discrimination
The Washington Law Against Discrimination, RCW 49.44.090, and the Age Discrimination in Employment Act of 1967 prohibit employers in Washington and the U.S. from discriminating against employees over the age of 40. This includes failing to hire or promote an employee because they are over the age of 40, as well as engaging in any activity that may deprive “an individual of employment opportunities or otherwise adversely affect his status as an employee.”
Sex & Gender Discrimination
Employees are protected from discrimination due to sex, gender identity (including transgender status), and sexual orientation under the Washington Law Against Discrimination and Title VII. They prohibit an employer from hiring, firing, promoting, compensating, training, or denying fringe benefits to an employee due to sex, gender identity, or sexual orientation. They also protect an employee from harassment by coworkers due to sex, gender, or sexual orientation.
Failure to Provide Accommodations for a Disability or Religious Accommodations
If an employer fails or refuses to accommodate a disability you suffer from, our discrimination lawyers in Seattle may be able to help you. The same may be true if your employer failed or refused to provide religious accommodations.
Harassment
An employer is prohibited from engaging in discrimination that takes the form of demeaning comments and intimidation, which creates a hostile work environment. Remember that legal actions based on harassment are always stronger when you have documentation of your employer’s malicious behavior.
Please document any workplace behavior and environment that could constitute illegal harassment and contact us to speak with a workplace harassment lawyer about your hostile work environment. Also, an employer may be liable for allowing employees to harass someone due to their protected status, creating a hostile work environment. If you would like to speak with a workplace harassment lawyer in Seattle, reach out today.
Damages Available in a Workplace Discrimination Case
If you have experienced workplace discrimination, you may be entitled to the following forms of compensation:
Back Pay
If you were wrongly terminated due to workplace discrimination or because you filed a workplace discrimination complaint, you may be entitled to compensation for those lost wages as well as benefits and bonuses.
If you were underpaid, denied promotion, or denied any other benefit of employment due to unlawful workplace discrimination, you may be entitled to compensation for the difference between what you earned and what you should have earned.
Emotional Compensation
If the wrongful employment practices you faced caused emotional distress, such as humiliation or embarrassment from harassment, you may be entitled to compensation depending upon the egregiousness of the conduct of your harassers.
If you have sought medical or therapeutic care because of your emotional distress, you may also be entitled to compensation for the cost of that care. Still, you must disclose all aspects of your medical record.
Punitive Damages
Punitive damages are often available for harassment, discrimination, and other wrongful workplace practices under federal law, not Washington law. Punitive damages are intended to punish the wrongdoer and deter others from engaging in that conduct.
Punitive damages are only awarded when the defendant’s conduct was particularly egregious or outrageous. While this standard is difficult to quantify, juries are often instructed to consider whether the discriminatory conduct was severe, pervasive, and ongoing and whether management knew about it and either permitted it to continue or did not take any action to stop it.
What Are Some Examples of Employment Discrimination?
Discrimination can come in many forms, and examples could be virtually endless, but here are a few examples of employment discrimination:
- Refusing to interview or hire someone due to their protected status
- Paying women less than men for performing the same job
- Allowing employees to harass someone about their disability, sexual orientation, or other protected status
- Refusing to allow an employee time needed for religious holidays and practices
- Firing an employee because she is pregnant or because she takes maternity leave
Unfortunately, such practices are much more common than one may imagine. The good thing is that employment lawyers like our firm work to obtain justice for victims and deter employers from engaging in such practices in the future.
Workplace Discrimination Statistics
According to the EEOC, between 2009 and 2018, employees filed 916,623 employment cases nationwide.
In particular, age, race, and gender discrimination are common; for example, a study done by AARP found that 61% of people (ages 45 and up) have experienced or seen age discrimination at work. 42% of Americans have been a victim or a witness to workplace racial discrimination.
According to the Pew Research Center, about four in ten working women (42%) have experienced discrimination in the workplace due to their gender.
The good news is that the total employment discrimination charges filed annually decreased from 2016 to 2020 (91,503 to 67,448 or -26.3%), and workplace harassment charges filed also decreased from 2016 to 2020 (28,216 to 24,221 or -14.2%).
That said, workplace discrimination still occurs and is only remediated when employees speak up.
What’s Needed to Prove Workplace Discrimination?
According to the Washington State Human Rights Commission, the complainant has the burden of proof, must provide information that shows a prima facia case of discrimination, and must show by a preponderance of the evidence that discrimination occurred.
How is this done? A complainant shows they are a member of a protected class and were unlawfully discriminated against in one of the ways prohibited by state or federal law. This is done through gathering evidence such as workplace documents and witness testimony.
Employer Discrimination FAQ
How Much Does A Discrimination Lawyer Charge?
Your written fee agreement, which you should review carefully to understand your rights and responsibilities, will clearly spell out your legal fees and other costs. Your workplace discrimination lawyer may charge by the hour, may charge on contingency, or may craft a mixed hourly-contingent arrangement depending upon the complexity of your matter. Keep in mind that more complex matters will likely cost more in legal fees and that you may be responsible for court costs, filing fees, and copying and postage fees, even if you have a contingent fee agreement with your lawyer.
What is the Statute of Limitations for Workplace Discrimination in Washington?
Under Washington State law, employment discrimination complaints must be filed with the WSHRC within 6 months of the date of the alleged harm. If the complaint is a whistleblower or retaliation complaint, the statute of limitations is 2 years from the date of the alleged harm. That said, under the Washington Law Against Discrimination, a plaintiff must file within 3 years of the alleged unlawful conduct.
When Should I Contact a Seattle Workplace Discrimination Attorney?
You should contact a lawyer as soon as you suspect you are a victim of workplace discrimination. Why? Because allowing workplace discrimination to continue unaddressed takes an emotional and financial toll upon you and can negatively affect your career. It is also a blight on our civilized society and must be addressed.
Can my employer retaliate against me if I complained about discrimination or harassment?
It is illegal for your employer to retaliate against you for submitting a complaint of discrimination. Our employment discrimination lawyers can help you fight for your rights if you experience retaliation from your employer.
What are Title VII and the Washington Law Against Discrimination?
Title VII is a federal law that protects employees from discrimination based on race, color, sex, religion, or membership in other federally protected groups. The Washington Law Against Discrimination also protects those groups and others as well.
Do I need documentation of discrimination?
Documentation is always helpful to our lawyers in a discrimination case. Record the harassment close to when it occurred, as this can be used as evidence to prove discrimination occurred. Note the time, date, location, and nature of the harassment or discrimination and the other people involved.
Call the Seattle Employment Lawyers at Rekhi & Wolk to Schedule a Consultation
Do you think you are experiencing unlawful discrimination or harassment at work? Are you concerned you are making a big deal out of nothing? Wonder no longer — call Rekhi & Wolk to discuss your situation and find out if you have a case.