Gender Identity Discrimination Laws in Washington

Federal law also prohibits gender identity discrimination in employment. In Bostock v. Clayton County, 140 S. Ct. 1731 (2020), the U.S. Supreme Court held that Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) prohibits employment discrimination based on transgender status and sexual orientation as a form of sex discrimination. Title VII applies to employers with 15 or more employees and is enforced by the U.S. Equal Employment Opportunity Commission (EEOC).

Federal law prohibits discrimination in hiring, firing, pay, promotions, harassment, and working conditions. Covered employers may not refuse to hire, promote, or fire an employee because of their gender identity or transgender status. The EEOC recognizes that discrimination based on gender identity, transgender status, and sexual orientation violates Title VII. Remedies under federal law include back pay, front pay, compensatory damages for emotional distress and harm to reputation, punitive damages in cases of intentional discrimination, and attorney fees and costs.

The EEOC accepts charges up to 180 days after the discriminatory act in most states, or 300 days in "deferral states" like Washington that have their own civil rights agencies. Filing with a state agency tolls (suspends) the federal deadline.

Washington's Law Against Discrimination (RCW 49.60.180) is substantially stronger than federal law in several respects and provides broader protection for gender identity in the workplace. The statute explicitly includes "gender identity" as a protected class, defining it to include a person's identity, appearance, expression, and other gender-related characteristics, whether or not consistent with the sex assigned at birth.

Washington's definition of gender identity is broader than the federal approach under Bostock, which treats gender identity discrimination as a form of sex discrimination. Washington recognizes gender identity as a standalone protected category. Additionally, RCW 49.60.180 explicitly protects people based on transgender status—a term the statute clarifies includes people whose gender identity differs from the sex assigned at birth, or who are undergoing or have undergone gender transition. This explicit enumeration provides clearer statutory protection than relying on Title VII's sex discrimination framework.

Washington's law applies to all employers with one or more employee, with limited exceptions for federally recognized Indian tribes and certain religious organizations. This is more expansive than Title VII, which covers only employers with 15 or more employees. The Washington Human Rights Commission (WHRC) enforces the law through a different procedural system than the EEOC, though both agencies coordinate when dual filings occur.

Under Washington law, employers must not discriminate on the basis of gender identity in recruitment, hiring, compensation, job placement, promotion, demotion, transfer, lay-off, termination, rates of pay, benefits, and other terms, conditions, and privileges of employment. Employers must also accommodate employees' gender transition, including name and pronoun changes in personnel records and communications. The statute creates a strong presumption against pretext, and Washington courts have consistently interpreted the law to require affirmative accommodations.

Washington's gender identity discrimination law contains limited exceptions. Religious organizations and federally recognized Indian tribes are exempt from the public accommodations and employment provisions of RCW 49.60 if the application would substantially burden the exercise of their religious practices. Courts have narrowly construed this exemption and require clear evidence that applying the law would substantially burden sincere religious beliefs.

The statute does not require employers to make accommodations that impose an undue hardship. However, Washington interprets undue hardship narrowly. Mere inconvenience, cost (beyond significant cost), or customer preference does not constitute undue hardship. An employer cannot deny accommodation based solely on concern about other employees' discomfort or hypothetical customer reaction.

Washington law does not protect conduct unrelated to gender identity. For example, an employee who violates workplace conduct policies (regardless of gender identity) may still be disciplined. The key is whether the conduct rule is applied uniformly and whether discipline is motivated by gender identity rather than neutral policy violation. At-will employment principles still apply in Washington, but they cannot be used to circumvent anti-discrimination protections—an employer cannot fire an at-will employee for reasons prohibited by RCW 49.60.180.

Employers may not retaliate against employees for reporting gender identity discrimination or participating in WHRC proceedings. RCW 49.60.210 provides explicit retaliation protection. Additionally, Washington courts recognize a narrow exception for genuine occupational qualifications, but this is rarely applied and only where gender identity is essential to job performance (extremely limited circumstances).

Step 1: Document everything thoroughly. Keep a detailed record of dates, times, locations, what was said or done, who witnessed the discrimination, and how it affected your work or pay. Save copies of emails, text messages, performance reviews, and any written policies. Take screenshots of internal systems if relevant. Document any discriminatory comments about your gender identity, requests to use incorrect pronouns, misgendering in meetings or written communications, denial of bathroom access consistent with gender identity, refusal to update personnel records with your name and pronouns, exclusion from benefits or opportunities, or any adverse employment actions (denial of promotion, termination, pay reduction, assignment changes) that coincided with disclosure or transition. Write contemporaneous notes describing incidents as they occur, including your emotional response and workplace impact.

Step 2: Use your employer's internal complaint process if one exists. Most Washington employers have written complaint procedures. File a written complaint with HR or your manager's supervisor, clearly describing the discrimination and requesting specific remedies (correction of records, training, policy changes, compensation). Keep copies of any complaints you file and follow-up communications. This step is not required to preserve your legal rights but can be strategic—it gives the employer notice and opportunity to correct the behavior, and demonstrates your good faith efforts to resolve the matter. However, if you fear retaliation or have a basis to believe the complaint will be ignored, you may proceed directly to the WHRC. Document any response or lack thereof from the employer.

Step 3: File a charge with the Washington Human Rights Commission. The deadline is 300 days from the date of the alleged discriminatory act. WHRC charges must be filed in writing (online, by mail, or in person). Visit the WHRC website at https://dor.wa.gov/taxes-rates/other-taxes/workplace-fairness-act or call 1-800-233-3247 for the online filing portal or mailing address. Include: your name, address, and phone number; the employer's name, address, and phone number; dates of the alleged discrimination; a description of what happened and why you believe it was based on gender identity; names of any witnesses; copies of supporting documents (emails, policies, performance reviews); and information about internal complaints you filed. You may file jointly with the EEOC, which is recommended because federal law also applies. Filing with WHRC tolls (pauses) the federal 300-day deadline, protecting your federal rights. There is no fee to file with the WHRC.

Step 4: Understand the investigation process. After you file, the WHRC will assign an investigator and send a copy of your charge to the employer. The employer has 20 days to respond. The investigator will conduct interviews with you, the employer, witnesses, and others with relevant information. The WHRC will request documents from both parties. The investigation typically takes 90–120 days, though this can extend. The WHRC will issue a Finding of Probable Cause (meaning your allegation has merit and warrants further proceedings) or a Finding of No Probable Cause (dismissal). If Probable Cause is found, the matter proceeds to conciliation—a mediation step where the WHRC attempts to reach a settlement. If conciliation fails, you may request a formal hearing before an administrative law judge, where you can present evidence and witnesses. This hearing is similar to a civil trial. You have the right to be represented by an attorney throughout this process.

Step 5: Consult an attorney if you have not already. Contact an employment law attorney who handles discrimination cases in Washington, preferably one experienced in gender identity discrimination. Most initial consultations are free or low-cost. An attorney can help you understand whether you have a strong case, advise you on settlement negotiations, and represent you in WHRC proceedings or court litigation if needed. Many employment attorneys work on contingency (you pay nothing unless you win). If you cannot afford an attorney, contact the Columbia Legal Services (206-461-3200) or the Northwest Justice Project (1-888-529-5929) for assistance.