Color Discrimination Laws in Washington: Know the Difference From Race Discrimination

Federal law prohibits discrimination based on race under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and the Equal Employment Opportunity Commission (EEOC) interprets this to include discrimination based on color. The EEOC defines color discrimination as unfavorable treatment based on skin tone, complexion, or color-related characteristics independent of actual race. Title VII applies to employers with 15 or more employees and covers hiring, firing, compensation, job training, promotion, and any other term or condition of employment.

Federal remedies under Title VII include compensatory damages for emotional distress and other non-pecuniary harm, punitive damages in cases of intentional discrimination, back pay with interest, front pay, reinstatement or promotion, and attorney's fees and costs. The EEOC enforces Title VII and has the authority to investigate complaints, conciliate disputes, and file lawsuits. An employee must file an EEOC charge within 180 days of the discriminatory act in most states (or 300 days in certain states with enforceable deferral agreements). Federal law also includes protections under 42 U.S.C. § 1981, which protects equal contract rights in employment and can provide additional remedies including punitive damages.

Washington's Law Against Discrimination (RCW 49.60.010 et seq.) provides broader protections than federal law in several key ways. The state statute explicitly lists 'color' as a protected characteristic alongside race, making clear that color discrimination is a standalone violation independent of racial discrimination claims. Washington law applies to employers with 8 or more employees, compared to the federal threshold of 15 employees, extending protection to more workers in smaller businesses.

Under RCW 49.60.010, it is unlawful for employers to refuse to hire, promote, discharge, or discriminate in compensation or other terms, conditions, or privileges of employment based on color. The statute broadly prohibits discriminatory conduct in employment, housing, public accommodations, and credit. Washington's definition of color discrimination encompasses bias against skin tone, pigmentation, facial features associated with color, or any physical characteristic related to color or complexion.

Washington law provides enhanced remedies compared to federal baseline protections. Under RCW 49.60.210, the Washington Human Rights Commission may order the employer to cease discrimination, hire or reinstate the complainant, award back pay with interest, compensate for emotional distress and humiliation, and pay attorney's fees and costs. The statute also permits front pay as an alternative to reinstatement in appropriate cases. Washington does not cap compensatory damages in discrimination cases, unlike some other states.

The state commission can also issue prospective relief requiring the employer to implement anti-discrimination policies, training, and monitoring. Washington law provides a 1-year statute of limitations for filing complaints with the state Human Rights Commission, which is longer than the 180-day federal deadline in most non-deferral states. Washington has a work-sharing agreement with the EEOC, meaning charges filed with one agency are automatically shared with the other.

Washington's color discrimination law does not apply to employers with fewer than 8 employees, creating a significant gap for very small businesses. The law permits consideration of color as a bona fide occupational qualification (BFOQ) only in extremely narrow circumstances, such as for theatrical or artistic productions where color is essential to the role; ordinary customer preference is not a valid BFOQ.

Religious organizations and educational institutions have limited exemptions. RCW 49.60.040 permits religious organizations to make employment decisions based on religion, but this does not extend to color discrimination. Private clubs may have limited exemptions regarding membership, but employment decisions remain subject to the statute.

At-will employment does not provide a defense to color discrimination claims. Washington is an at-will employment state, but employers cannot use at-will status to discriminate based on protected characteristics including color. An employer can still terminate an employee for legitimate, non-discriminatory reasons, but the burden shifts to the employer to provide clear and convincing evidence of a non-discriminatory reason once discrimination is proven.

Union and collective bargaining agreements do not override color discrimination protections. If a union contract contains terms that discriminate based on color or requires color-based treatment, both the employer and the union can be liable.

Defenses available to employers include proving that the employment decision was based on legitimate, non-discriminatory factors such as job performance, qualifications, or business necessity. Bona fide seniority systems are permitted but cannot be applied in a color-discriminatory manner. Mixed-motive cases (where both discriminatory and legitimate reasons played a role) require the employer to prove by clear and convincing evidence that the decision would have been made regardless of color.

Step 1: Document Everything. Keep detailed records of all discriminatory incidents including dates, times, locations, people present, exact words said, and any witnesses. Save emails, text messages, performance reviews, and any communications related to your employment. Document your job performance through emails, project results, and feedback to establish a baseline. Maintain records of any comments about your skin tone, color, or appearance. Take screenshots of messages and preserve all communications in a secure location outside your employer's system.

Step 2: File an Internal Complaint. Report the discrimination to your HR department or supervisor in writing (email is best for documentation). State clearly that you believe you have been subjected to color discrimination in violation of company policy and Washington law. Request a written response acknowledging receipt of your complaint. This step is important because it gives the employer an opportunity to investigate and correct the problem, and it demonstrates your efforts to resolve the issue internally. Keep copies of any responses and document any retaliation that follows, as retaliation is itself illegal under RCW 49.60.140.

Step 3: File with the Washington Human Rights Commission. You have 1 year from the date of the discriminatory act to file a complaint with the Washington Human Rights Commission (WHRC). Contact the WHRC at 800-233-3247 or visit www.hum.wa.gov. You can file online, by mail, or in person at one of their regional offices. Your complaint must include your name, address, phone number, the employer's name and address, the date(s) of the discrimination, and a detailed description of what happened. You do not need an attorney to file, and there is no filing fee. Provide as much supporting documentation as possible, including emails, witness names, and personnel records.

Step 4: Investigation Process. The WHRC will investigate your complaint by contacting the employer, requesting documents, conducting interviews with you and witnesses, and examining the employer's policies and practices. The investigation typically takes 60 to 120 days but can extend longer for complex cases. You will be asked to provide additional information and may be interviewed multiple times. The employer will be given an opportunity to respond to your allegations. After the investigation, the WHRC will issue a determination of whether probable cause exists to believe discrimination occurred. If probable cause is found, the parties are offered conciliation, where a mediator helps negotiate a settlement. If conciliation fails, the case may proceed to formal hearing before an administrative law judge.

Step 5: Consult an Attorney. Consider contacting an employment attorney experienced in discrimination law if your case is not resolved at the conciliation stage or if you want representation from the beginning. An attorney can help you understand your options, negotiate settlements, represent you at hearings, and potentially appeal unfavorable decisions. You may be entitled to recover attorney's fees if you prevail, making the cost more manageable. Legal aid organizations in Washington may also provide free assistance if you qualify based on income. Look for attorneys specializing in employment discrimination through the Washington State Bar Association or local legal aid societies.