Labor Union Discrimination

Under the Washington Law Against Discrimination (WLAD), may labor unions or organizations be held liable for discrimination? Here's my point of view (NOTE: please read our DISCLAIMER before proceeding).

DEFINITION OF LABOR ORGANIZATION

For purposes of WLAD, the term “labor organization” includes any organization which exists for the purpose, in whole or in part, of dealing with employers concerning grievances or terms or conditions of employment, or for other mutual aid or protection in connection with employment. RCW 49.60.040(16). 

UNFAIR PRACTICES UNDER WLAD

In Washington State, it’s an unfair practice for any labor union or labor organization:

(1) To deny membership and full membership rights and privileges to any person because of age, sex, marital status, sexual orientation, race, color, creed, 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. 

(2) To expel from membership any person because of age, sex, marital status, sexual orientation, race, color, creed, 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.

(3) To discriminate against any member, employer, employee, or other person to whom a duty of representation is owed because of age, sex, marital status, sexual orientation, race, color, creed, 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.

RCW 49.60.190 (emphasis added).

REMEDIES FOR UNFAIR PRACTICES

Any person deeming himself or herself injured by any act amounting to this unfair practice shall have 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 this chapter 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.

–gw