Actual & Compensatory Damages Are Synonymous Under WLAD

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According to Washington Law Against Discrimination (WLAD) remedies, RCW 49.60.030(2), does the actual-damages remedy include compensatory damages when pursuing a hostile work environment (harassment) claim? Here's my point of view (NOTE: please read our DISCLAIMER before proceeding).

WASHINGTON LAW AGAINST DISCRIMINATION: HARASSMENT

The Washington Law Against Discrimination, RCW 49.60.180(3), prohibits workplace harassment, and it states as follows:

Unfair practices of employers.

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(3) To discriminate against any person in compensation or in other terms or conditions of employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, 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 49.60.180(3).

WASHINGTON LAW AGAINST DISCRIMINATION: REMEDIES

"[T]he law against discrimination [also] expressly provides [remedies, as follows]:

Any person deeming himself or herself injured by any act in violation of this chapter 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...."

Martini v. The Boeing Company, 137 Wn.2d 357, 366-67 (Wash. 1999) (citing RCW 49.60.030(2)) (emphasis and hyperlink added). Thus, RCW 49.60.030(2) "unambiguously states that when any violation of the statute occurs, the person injured shall have a claim for 'actual damages.'" Martini, 137 Wn.2d at 367. 

ACTUAL DAMAGES ARE COMPENSATORY DAMAGES

"'Actual damages' is a [t]erm used to denote the type of damage award as well as the nature of injury for which recovery is allowed; thus, actual damages flowing from injury in fact are to be distinguished from damages which are nominal, exemplary or punitive." Id. (citing Rasor v. Retail Credit Co., 87 Wash.2d 516, 554 P.2d 1041, 1049). 

"'Actual damages' are synonymous with compensatory damages." Id. (citing Black's Law Dictionary 35 (6th ed.1990)). "As the dictionary definition notes, Washington courts have interpreted the term 'actual damages' in this manner." Id. at 367-68 (internal citations omitted).

CONCLUSION

The Washington Law Against Discrimination remedies provision, RCW 49.60.030(2), "provides a person who has been discriminated against in violation of RCW 49.60.180(3) with a remedy for full compensatory damages, excluding only nominal, exemplary or punitive damages." Martini, 137 Wn.2d at 368 (hyperlink added).

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