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Wednesday, February 28, 2018

Unlawful Employer Communications & Preemployment Activities

by Gregory Williams, Esq. | Under the Washington Law Against Discrimination, what are some types of unlawful employer communications and preemployment activies? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

AN UNFAIR PRACTICE -- SECTION 180(4)

Pursuant to section 180(4) of the Washington Law Against Discrimination, it’s an unfair practice for any employer "to print, or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to 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, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification: PROVIDED, advertising in a foreign language is not prohibited." RCW 49.60.180 (internal hyperlinks and emphasis added). This is not an exhaustive recitation of the law on this subject. See Chapter 49.60 RCW.

REMEDIES FOR THE UNFAIR PRACTICE

Typically, any person deeming himself or herself injured by their employer, as strictly defined by RCW 49.60.040(11), as a result of its commission of this unfair practice is entitled to "a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys’ fees or any other appropriate remedy authorized by Washington Law Against Discrimination or the United States Civil Rights Act of 1964 as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.)." See RCW 49.60.030(2).


LEARN MORE

If you would like to learn more, then consider contacting an experienced Washington State Employment Discrimination Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with either this author or Williams Law Group, PS; please see our DISCLAIMER.

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