WLAD: Discriminatory Boycotts & Blacklists

Gregory A. Williams, Esq.

Attorney-Owner at Williams Law Group
Admissions: U.S. Supreme Court; U.S. Court of Federal Claims; U.S. District Court Western Dist of WA; all WA State Courts.

Latest posts by Gregory A. Williams, Esq. (see all)

by Gregory Williams, Esq. |  Under the Washington Law Against Discrimination (WLAD), what is the definition of “discriminatory boycotts and blacklists“? Here’s my point of view (please review our Disclaimer, Terms of Use & Privacy Notice before proceeding).

WASHINGTON LAW AGAINST DISCRIMINATION

The right to be free from discrimination because of race, creed, color, national origin, sex, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability is recognized as and declared to be a civil right in the State of Washington. RCW 49.60.030(1). This right includes, but is not limited to the right to engage in commerce free from any discriminatory boycotts or blacklists. RCW 49.60.030(1)(f) (emphasis added).

RCW 49.60.030(1)(f)

Chapter 49.60.030(1)(f) RCW is the relevant law, and it defines the term “discriminatory boycotts and blacklists” as follows:

(f) DISCRIMINATORY BOYCOTTS OR BLACKLISTS” for purposes of this section shall be defined as the formation or execution of any express or implied agreement, understanding, policy or contractual arrangement for economic benefit between any persons which is not specifically authorized by the laws of the United States and which is required or imposed, either directly or indirectly, overtly or covertly, by a foreign government or foreign person in order to restrict, condition, prohibit, or interfere with or in order to exclude any person or persons from any business relationship on the basis of race, color, creed, religion, sex, honorably discharged veteran or military status, sexual orientation, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, or national origin or lawful business relationship: PROVIDED HOWEVER, That nothing herein contained shall prohibit the use of boycotts as authorized by law pertaining to labor disputes and unfair labor practices…

RCW 49.60.030(1)(f) (emphasis added).

LEARN MORE

If you would like to learn more, then consider contacting an experienced employment discrimination attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Williams Law Group, Law Office of Gregory A. Williams, P.S., Inc., or the author of this article. Please read our Disclaimer, Terms of Use & Privacy notice.

-gw

WLAD: HIV or Hepatitis C Infection

Gregory A. Williams, Esq.

Attorney-Owner at Williams Law Group
Admissions: U.S. Supreme Court; U.S. Court of Federal Claims; U.S. District Court Western Dist of WA; all WA State Courts.

Latest posts by Gregory A. Williams, Esq. (see all)

By Gregory Williams, Esq. | Under the Washington Law Against Discrimination (WLAD), do individuals suffering from HIV or hepatitis C infection fall within a protected class? Here’s my point of view (please review our Disclaimer, Terms of Use & Privacy Notice before proceeding).

WA LAW AGAINST DISCRIMINATION

Under WLAD, it is an unfair practice, with very few exceptions, for an employer to refuse to hire any person, to discharge or bar any person from employment, or to discriminate against any person in compensation or in other terms and conditions of employment because of age; sex; marital status; sexual orientation; race; creed; color; national origin; honorably discharged veteran or military status, HIV or Hepatitis C infection; or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.

UNFAIR PRACTICES: HIV OR HEPATITIS C INFECTION

Pursuant to the WLAD, the following acts, inter alia, are considered unfair practices:

(1) No person may require an individual to take an HIV test, as defined in chapter 70.24 RCW, or hepatitis C test, as a condition of hiring, promotion, or continued employment unless the absence of HIV or hepatitis C infection is a bona fide occupational qualification for the job in question.

(2) No person may discharge or fail or refuse to hire any individual, or segregate or classify any individual in any way which would deprive or tend to deprive that individual of employment opportunities or adversely affect his or her status as an employee, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of the results of an HIV test or hepatitis C test unless the absence of HIV or hepatitis C infection is a bona fide occupational qualification of the job in question.

(3) The absence of HIV or hepatitis C infection as a bona fide occupational qualification exists when performance of a particular job can be shown to present a significant risk, as defined by the board of health by rule, of transmitting HIV or hepatitis C infection to other persons, and there exists no means of eliminating the risk by restructuring the job.

(4) For the purpose of this chapter, any person who is actually infected with HIV or hepatitis C, but is not disabled as a result of the infection, shall not be eligible for any benefits under the affirmative action provisions of chapter 49.74 RCW solely on the basis of such infection.

(5) Employers are immune from civil action for damages arising out of transmission of HIV or hepatitis C to employees or to members of the public unless such transmission occurs as a result of the employer‘s gross negligence.

RCW 49.60.172.

CONCLUSION

Thus, it appears that individuals suffering from HIV or hepatitis C infections fall within a protected class under the Washington Law Against Discrimination.

LEARN MORE

If you would like to learn more, then consider contacting an experienced employment discrimination attorney to discuss your case as soon as possible. This article is not offered as legal advice and will not establish an attorney-client relationship with Williams Law Group, Law Office of Gregory A. Williams, P.S., Inc., or the author of this article. Please read our Disclaimer, Terms of Use & Privacy notice.

–gw

WLAD: Definition of National Origin

Gregory A. Williams, Esq.

Attorney-Owner at Williams Law Group
Admissions: U.S. Supreme Court; U.S. Court of Federal Claims; U.S. District Court Western Dist of WA; all WA State Courts.

Latest posts by Gregory A. Williams, Esq. (see all)

By Gregory Williams, Esq. | Under the Washington Law Against Discrimination (WLAD), what is the definition of the term “national origin”? Here’s my point of view (please review our Disclaimer, Terms of Use & Privacy Notice before proceeding).

WA LAW AGAINST DISCRIMINATION

Under WLAD, it is an unfair practice, with very few exceptions, for an employer to refuse to hire any person, to discharge or bar any person from employment, or to discriminate against any person in compensation or in other terms and conditions of employment because of 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 or the use of a trained dog guide or service animal by a person with a disability.

DEFINITION OF “NATIONAL ORIGIN”

Chapter 49.60.040 RCW is the relevant law, and as of the date of this article it defines the term “national origin” as follows:

“National origin” includes “ancestry.”

RCW 49.60.040 (emphasis added).

LEARN MORE

If you would like to learn more, then consider contacting an experienced employment discrimination attorney to discuss your case as soon as possible. This article is not offered as legal advice and will not establish an attorney-client relationship with Williams Law Group, Law Office of Gregory A. Williams, P.S., Inc., or the author of this article. Please read our Disclaimer, Terms of Use & Privacy notice.

–gw

WLAD: Definition of Sex

Gregory A. Williams, Esq.

Attorney-Owner at Williams Law Group
Admissions: U.S. Supreme Court; U.S. Court of Federal Claims; U.S. District Court Western Dist of WA; all WA State Courts.

Latest posts by Gregory A. Williams, Esq. (see all)

By Gregory Williams, Esq. | Under the Washington Law Against Discrimination (WLAD), what is the definition of the term “sex“? Here’s my point of view (please review our Disclaimer, Terms of Use & Privacy Notice before proceeding).

WA LAW AGAINST DISCRIMINATION

Under WLAD, it is an unfair practice, with very few exceptions, for an employer to refuse to hire any person, to discharge or bar any person from employment, or to discriminate against any person in compensation or in other terms and conditions of employment because of 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 or the use of a trained dog guide or service animal by a person with a disability.

DEFINITION OF “SEX”

Chapter 49.60.040 RCW is the relevant law, and as of the date of this article it defines the term “sex” as follows:

“Sex” means gender.

RCW 49.60.040 (emphasis added).

LEARN MORE

If you would like to learn more, then consider contacting an experienced employment discrimination attorney to discuss your case as soon as possible. This article is not offered as legal advice and will not establish an attorney-client relationship with Williams Law Group, Law Office of Gregory A. Williams, P.S., Inc., or the author of this article. Please read our Disclaimer, Terms of Use & Privacy notice.

–gw

Disparate Impact vs. Disparate Treatment Discrimination

Gregory A. Williams, Esq.

Attorney-Owner at Williams Law Group
Admissions: U.S. Supreme Court; U.S. Court of Federal Claims; U.S. District Court Western Dist of WA; all WA State Courts.

Latest posts by Gregory A. Williams, Esq. (see all)

By Gregory Williams, Esq. | Under the Washington Law Against Discrimination (WLAD), What is the difference between disparate treatment and disparate impact discrimination? Here’s my point of view (please review our Disclaimer, Terms of Use & Privacy Notice before proceeding).

WA LAW AGAINST DISCRIMINATION

Under WLAD, it is an unfair practice, with very few exceptions, for an employer to refuse to hire any person, to discharge or bar any person from employment, or to discriminate against any person in compensation or in other terms and conditions of employment because of 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 or the use of a trained dog guide or service animal by a person with a disability.

Discrimination may occur because of the disparate treatment of persons or because actions result in a disparate impact upon different people. E-Z Loader Boat Trailers, Inc. v. Travelers Indem. Co., 106 Wn.2d 901, 909, 726 P.2d 439 (Wash. 1986).

DISPARATE TREATMENT

To prove “disparate treatment” a plaintiff must show that an employer treated an individual employee or group of employees differently because of sex, race, age, religion or some other improper differentiation. Id. (citing International Bhd. of Teamsters v. United States, 431 U.S. 324, 97 S.Ct. 1843, 52 L.Ed.2d 396 (1977); [s]ee also Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 256, 101 S.Ct. 1089, 1095, 67 L.Ed.2d 207 (1981)). This is what most people envision when they think of employment discrimination. But discrimination can also occur in the form of disparate impact.

DISPARATE IMPACT

To prove a “disparate impact” from discrimination upon a person or group of persons, a plaintiff must show that an employment practice, which was facially neutral, resulted in discrimination against persons because of their age, sex or other improper distinction. Id. (citing Griggs v. Duke Power Co., 401 U.S. 424, 91 S.Ct. 849, 28 L.Ed.2d 158 (1971). See Fahn v. Cowlitz Cy, 93 Wash.2d 368, 610 P.2d 857 (1980); Stieler v. Spokane Sch. Dist. 81, 88 Wash.2d 68, 558 P.2d 198 (1977)).

For example, in Kumar v. Gate Gourmet, Inc., 180 Wn.2d 481, 325 P.3d 193 (Wash. 2014), an employer’s meal policy that was based on security concerns barred employees from bringing in their own food for lunch; and it required employees to eat only employer-provided food. However, the policy forced a group of plaintiff-employees to either work without food or eat food that violated their religious beliefs (a protected class). The plaintiffs subsequently filed suit and alleged that the employer maintained a facially neutral meal policy that fell more harshly on those within a protected class; and the court found a viable claim of disparate impact discrimination reversing the trial court’s previous dismissal and remanding the case for further proceeding consistent with the opinion.

LEARN MORE

Ultimately, there is a tangible difference between disparate treatment and disparate impact discrimination. If you would like to learn more, then consider contacting an experienced employment discrimination attorney to discuss your case as soon as possible. This article is not offered as legal advice and will not establish an attorney-client relationship with Williams Law Group, Law Office of Gregory A. Williams, P.S., Inc., or the author of this article. Please read our Disclaimer, Terms of Use & Privacy notice.

-gw

 

WLAD: Definition of Honorably Discharged Veteran or Military Status

Gregory A. Williams, Esq.

Attorney-Owner at Williams Law Group
Admissions: U.S. Supreme Court; U.S. Court of Federal Claims; U.S. District Court Western Dist of WA; all WA State Courts.

Latest posts by Gregory A. Williams, Esq. (see all)

By Gregory Williams, Esq. | Under the Washington Law Against Discrimination (WLAD), what is the definition of the term “Honorably Discharged Veteran or Military Status”? Here’s my point of view (please review our Disclaimer, Terms of Use & Privacy Notice before proceeding).

WA LAW AGAINST DISCRIMINATION

Under WLAD, it is an unfair practice, with very few exceptions, for an employer to refuse to hire any person, to discharge or bar any person from employment, or to discriminate against any person in compensation or in other terms and conditions of employment because of 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 or the use of a trained dog guide or service animal by a person with a disability.

DEFINITION OF “HONORABLY DISCHARGED VETERAN OR MILITARY STATUS”

Chapter 49.60.040 RCW is the relevant law, and as of the date of this article it defines the term “Honorably Discharged Veteran or Military Status” as follows:

Honorably discharged veteran or military status” means a person who is:

(a) A veteran, as defined in RCW 41.04.007; or

(b) An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves.

RCW 49.60.040 (emphasis added).

DEFINITION OF VETERAN: RCW 41.04.007

As of the date of this article,  veteran, as defined in RCW 41.04.007, is as follows:

Veteran” includes every person, who at the time he or she seeks the benefits of RCW 46.18.212, 46.18.235, 72.36.030, 41.04.010, 73.04.090, or 43.180.250 has received an honorable discharge or received a discharge for medical reasons with an honorable record, where applicable, and who has served in at least one of the following capacities:

(1) As a member in any branch of the armed forces of the United States, including the national guard and armed forces reserves, and has fulfilled his or her initial military service obligation;

(2) As a member of the women’s air forces service pilots;

(3) As a member of the armed forces reserves, national guard, or coast guard, and has been called into federal service by a presidential select reserve call up for at least one hundred eighty cumulative days;

(4) As a civil service crewmember with service aboard a U.S. army transport service or U.S. naval transportation service vessel in oceangoing service from December 7, 1941, through December 31, 1946;

(5) As a member of the Philippine armed forces/scouts during the period of armed conflict from December 7, 1941, through August 15, 1945; or

(6) A United States documented merchant mariner with service aboard an oceangoing vessel operated by the department of defense, or its agents, from both June 25, 1950, through July 27, 1953, in Korean territorial waters and from August 5, 1964, through May 7, 1975, in Vietnam territorial waters, and who received a military commendation.

RCW 41.04.007 (emphasis added).

LEARN MORE

If you would like to learn more, then consider contacting an experienced employment discrimination attorney to discuss your case as soon as possible. This article is not offered as legal advice and will not establish an attorney-client relationship with Williams Law Group, Law Office of Gregory A. Williams, P.S., Inc., or the author of this article. Please read our Disclaimer, Terms of Use & Privacy notice.

–gw

WLAD: Definition of Employee

Gregory A. Williams, Esq.

Attorney-Owner at Williams Law Group
Admissions: U.S. Supreme Court; U.S. Court of Federal Claims; U.S. District Court Western Dist of WA; all WA State Courts.

Latest posts by Gregory A. Williams, Esq. (see all)

By Gregory Williams, Esq. | Under the Washington Law Against Discrimination (WLAD), what is the definition of the term “Employee”? Here’s my point of view (please review our Disclaimer, Terms of Use & Privacy Notice before proceeding).

WA LAW AGAINST DISCRIMINATION

Under WLAD, it is an unfair practice, with very few exceptions, for an employer to refuse to hire any person, to discharge or bar any person from employment, or to discriminate against any person in compensation or in other terms and conditions of employment because of 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 or the use of a trained dog guide or service animal by a person with a disability.

DEFINITION OF “EMPLOYEE”

Chapter 49.60.040 RCW is the relevant law, and as of the date of this article it defines the term “Employee” in the negative as follows:

“Employee” does not include any individual employed by his or her parents, spouse, or child, or in the domestic service of any person.

RCW 49.60.040 (emphasis added).

LEARN MORE

If you would like to learn more, then consider contacting an experienced employment discrimination attorney to discuss your case as soon as possible. This article is not offered as legal advice and will not establish an attorney-client relationship with Williams Law Group, Law Office of Gregory A. Williams, P.S., Inc., or the author of this article. Please read our Disclaimer, Terms of Use & Privacy notice.

–gw

WLAD: Definition of Employer

Gregory A. Williams, Esq.

Attorney-Owner at Williams Law Group
Admissions: U.S. Supreme Court; U.S. Court of Federal Claims; U.S. District Court Western Dist of WA; all WA State Courts.

Latest posts by Gregory A. Williams, Esq. (see all)

By Gregory Williams, Esq. | Under the Washington Law Against Discrimination (WLAD), what is the definition of the term “Employer“? Here’s my point of view (please review our Disclaimer, Terms of Use & Privacy Notice before proceeding).

WA LAW AGAINST DISCRIMINATION

Under WLAD, it is an unfair practice, with very few exceptions, for an employer to refuse to hire any person, to discharge or bar any person from employment, or to discriminate against any person in compensation or in other terms and conditions of employment because of 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 or the use of a trained dog guide or service animal by a person with a disability.

DEFINITION OF “EMPLOYER”

Chapter 49.60.040 RCW is the relevant law, and as of the date of this article it defines the term “Employer” as follows:

Employer” includes any person acting in the interest of an employer, directly or indirectly, who employs eight or more persons, and does not include any religious or sectarian organization not organized for private profit.

RCW 49.60.040 (emphasis added).

LEARN MORE

If you would like to learn more, then consider contacting an experienced employment discrimination attorney to discuss your case as soon as possible. This article is not offered as legal advice and will not establish an attorney-client relationship with Williams Law Group, Law Office of Gregory A. Williams, P.S., inc., or the author of this article. Please read our Disclaimer, Terms of Use & Privacy notice.

–gw

WLAD: Definition of Person

Gregory A. Williams, Esq.

Attorney-Owner at Williams Law Group
Admissions: U.S. Supreme Court; U.S. Court of Federal Claims; U.S. District Court Western Dist of WA; all WA State Courts.

Latest posts by Gregory A. Williams, Esq. (see all)

By Gregory Williams, Esq. | Under the Washington Law Against Discrimination (WLAD), what is the definition of the term “Person”? Here’s my point of view (please review our Disclaimer, Terms of Use & Privacy Notice before proceeding).

WA LAW AGAINST DISCRIMINATION

Under WLAD, it is an unfair practice, with very few exceptions, for an employer to refuse to hire any person, to discharge or bar any person from employment, or to discriminate against any person in compensation or in other terms and conditions of employment because of 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 or the use of a trained dog guide or service animal by a person with a disability.

DEFINITION OF “PERSON”

Chapter 49.60.040 RCW is the relevant law, and as of the date of this article it defines the term “Person” as follows:

Person” includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees and receivers, or any group of persons; it includes any owner, lessee, proprietor, manager, agent, or employee, whether one or more natural persons; and further includes any political or civil subdivisions of the state and any agency or instrumentality of the state or of any political or civil subdivision thereof.

RCW 49.60.040 (emphasis added).

LEARN MORE

If you would like to learn more, then consider contacting an experienced employment discrimination attorney to discuss your case as soon as possible. This article is not offered as legal advice and will not establish an attorney-client relationship with Williams Law Group, Law Office of Gregory A. Williams, P.S., inc., or the author of this article. Please read our Disclaimer, Terms of Use & Privacy notice.

–gw

WLAD: Definition of Marital Status

Gregory A. Williams, Esq.

Attorney-Owner at Williams Law Group
Admissions: U.S. Supreme Court; U.S. Court of Federal Claims; U.S. District Court Western Dist of WA; all WA State Courts.

Latest posts by Gregory A. Williams, Esq. (see all)

By Gregory Williams, Esq. | Under the Washington Law Against Discrimination (WLAD), what is the definition of the term “Marital Status”? Here’s my point of view (please review our Disclaimer, Terms of Use & Privacy Notice before proceeding).

WA LAW AGAINST DISCRIMINATION

Under WLAD, it is an unfair practice, with very few exceptions, for an employer to refuse to hire any person, to discharge or bar any person from employment, or to discriminate against any person in compensation or in other terms and conditions of employment because of 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 or the use of a trained dog guide or service animal by a person with a disability.

DEFINITION OF “MARITAL STATUS”

Chapter 49.60.040 RCW is the relevant law, and as of the date of this article it defines the term “Marital Status” as follows:

Marital status” means the legal status of being married, single, separated, divorced, or widowed.

RCW 49.60.040 (emphasis added).

LEARN MORE

If you would like to learn more, then consider contacting an experienced employment discrimination attorney to discuss your case as soon as possible. This article is not offered as legal advice and will not establish an attorney-client relationship with Williams Law Group, Law Office of Gregory A. Williams, P.S., inc., or the author of this article. Please read our Disclaimer, Terms of Use & Privacy notice.

–gw