WLAD Religious Affiliation Provision
WASHINGTON LAW AGAINST DISCRIMINATION
Under the Washington Law Against Discrimination (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 (40+); sex (including pregnancy); marital status; sexual orientation (including gender identity); race; color; creed; national origin; citizenship or immigration status; honorably discharged veteran or military status; HIV/AIDS and hepatitis C status; the presence of any sensory, mental, or physical disability; the use of a trained dog guide or service animal by a person with a disability; and state employee or health care whistleblower status.
It is also an unfair practice for an employer to retaliate against an employee because the employee complained about job discrimination or assisted with a job discrimination investigation or lawsuit.
THE RELIGIOUS AFFILIATION PROVISION
The relevant WLAD religious affiliation provision declares as follows:
It is an unfair practice for an employer to:
(1) Require an employee to disclose his or her sincerely held religious affiliation or beliefs, unless the disclosure is for the purpose of providing a religious accommodation at the request of the employee; or
(2) Require or authorize an employee to disclose information about the religious affiliation of another employee, unless the individual whose religious affiliation will be disclosed (a) expressly consents to the disclosure, and (b) has knowledge of the purpose for the disclosure.
RCW 49.60.208 (emphasis added). WLAD establishes "a private cause of action against any employer engaging in an unfair practice. Certification From United States District Court for Eastern District of Washington in Zhu v. North Central Educational Service District-ESD 171, 404 P.3d 504, 507 (citing Kumar v. Gate Gourmet, Inc., 180 Wn.2d 481, 489, 325 P.3d 193 (2014) (internal quotation marks and citations omitted) (emphasis added).
CONCLUSION
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CONCLUSION
Under the Washington Law Against Discrimination, it is unlawful for employers to require employees to disclose their religious affiliation unless the disclosure is for the purpose of providing a religious accommodation at the request of the employee.
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.
