National Origin Discrimination Laws in Washington

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits national origin discrimination by employers with 15 or more employees for 20 or more calendar weeks during the year. The law covers hiring, firing, compensation, job training, and terms and conditions of employment. National origin discrimination includes discrimination based on country of origin, accent, ethnic appearance, inability to speak English fluently, or association with an ethnic group. The EEOC enforces Title VII and has 180 days (or 300 days in deferral states like Washington) to file a federal charge after the discrimination occurs.

Federal law also covers harassment based on national origin that creates a hostile work environment. Employers must provide reasonable accommodations for employees' religious practices or national origin-related needs unless doing so causes undue hardship. Employees may file a charge with the EEOC, which investigates and attempts conciliation. If conciliation fails, the EEOC may file a lawsuit or issue a right-to-sue letter. Remedies include back pay, front pay, compensatory damages for emotional distress, and in some cases punitive damages if the employer's conduct was intentional.

Washington's Law Against Discrimination (WLAD), RCW 49.60.180, provides stronger protections than federal Title VII in several key respects. First, Washington covers employers with only 8 or more employees, compared to 15 under Title VII, expanding protection to significantly more workers in the state. Second, Washington's statute of limitations is 1 year from the date of discrimination, providing a longer filing window than the federal 180-day deadline (or 300 days in deferral states), giving workers more time to file.

Washington also provides broader remedies than federal law in some respects. Under WLAD, employees may recover compensatory damages for pain and suffering, emotional distress, and lost wages, plus punitive damages capped at $70,000 under RCW 49.60.230. The state's definition of national origin is expansive and includes accent, inability to speak English fluently, ethnic appearance, country of origin, and association with individuals of a particular national origin.

Washington requires the Human Rights Commission to investigate charges and attempt conciliation before proceeding to hearing. If a violation is found, the Commission may order remedies including back pay, front pay, reinstatement, and attorney fees. Unlike federal law, Washington permits recovery of compensatory damages without requiring proof of intentional discrimination in some cases, and the burden-shifting framework under WLAD allows plaintiffs to establish a prima facie case with less stringent proof than Title VII requires in some contexts.

Employers covered under WLAD are those with 8 or more employees, whether or not they are also covered under federal Title VII. Washington employees may file under both state and federal law simultaneously or sequentially. The Washington Human Rights Commission shares jurisdiction with the EEOC through a work-sharing agreement, meaning a charge filed with one agency may be cross-filed with the other.

Several important exceptions and limitations apply to national origin discrimination claims in Washington. First, employers are not liable for discrimination by independent contractors, though they may be liable if the contractor is actually an employee misclassified as independent. Second, small employers with fewer than 8 employees are exempt from WLAD, though they remain subject to federal Title VII if they have 15 or more employees.

Washington permits certain occupational qualifications when national origin is a bona fide occupational qualification (BFOQ), though courts interpret this narrowly. For example, a restaurant hiring servers for an authentic ethnic cuisine may have a legitimate need for employees fluent in a particular language or familiar with cultural customs, but this is only permitted when customer preference alone is not the basis for the BFOQ.

Anti-discrimination law does not require employers to hire unqualified candidates or guarantee employment; employers may make decisions based on legitimate, non-discriminatory reasons such as job qualifications, performance, or business necessity. Adverse actions taken for legitimate reasons unrelated to national origin do not violate the law, even if the employee is from a protected class. Additionally, employers may enforce English-only workplace policies if they are narrowly tailored to business operations, though blanket English-only rules may violate WLAD if they create a hostile work environment or disproportionately burden employees based on national origin.

Statutes of limitation can bar claims filed more than 1 year after the last discriminatory act. Also, at-will employment is preserved in Washington, meaning employers may terminate employees for any non-discriminatory reason or for no reason at all.

Step 1: Document the discrimination thoroughly. Save all relevant emails, text messages, performance reviews, and notes about discriminatory comments or treatment with dates and witnesses present. Record specific incidents including what was said, who said it, when it occurred, and how it affected you (denial of promotion, reduced hours, termination, etc.). Keep copies of job postings, your job description, and performance evaluations showing favorable performance before the discriminatory treatment began. Photograph or screenshot messages, and retain pay stubs showing wage disparities if applicable.

Step 2: File an internal complaint if your employer has a complaint procedure. Review your employee handbook or HR policies for the internal grievance process. Submit a written complaint to HR or your manager's supervisor documenting the discrimination, the date(s) it occurred, and the outcome you're seeking. Request written confirmation of receipt. Internal complaints are not required to file externally, but they create a record and give the employer an opportunity to remedy the violation. Keep copies of all correspondence with HR or management.

Step 3: File a charge with the Washington Human Rights Commission (WHRC). You have 1 year from the date of discrimination to file. Visit the WHRC website at hum.wa.gov or call (360) 753-6770. You may file online, by mail, or in person at the WHRC office in Olympia. Provide your name, contact information, the employer's name and address, dates of the discrimination, a description of what happened, the witnesses, and your desired outcome. Include copies of supporting documentation. There is no filing fee. The WHRC will acknowledge receipt and assign an investigator.

Step 4: Participate in the investigation process. The WHRC investigator will contact you and the employer to gather facts, interview witnesses, and review documents. Respond promptly to investigator requests and provide any additional evidence. The investigation typically takes 90 to 120 days, though complex cases may take longer. You may also file a charge simultaneously with the EEOC (same 300-day deadline in Washington as a deferral state), and the agencies will coordinate. After investigation, the WHRC issues a determination of whether probable cause exists to believe discrimination occurred. If probable cause is found, the case moves to conciliation; if conciliation fails, the case proceeds to hearing before an administrative law judge.

Step 5: Consult an employment attorney if the WHRC investigation stalls, if the employer retaliates, or if you want to pursue remedies aggressively. An employment law attorney can evaluate the strength of your case, represent you during investigation and hearings, negotiate settlements, and sue in court if necessary. Many employment attorneys work on contingency (no upfront fees) and recover fees from the employer if you prevail. Contact the Washington State Bar Association for referrals or search for employment law specialists in your area.