Discriminatory Discharge (WA State)

Discriminatory Discharge (WA State)

Under Washington State laws, what are the elements to a discriminatory-discharge claim? Here's my point of view (NOTE: please read our DISCLAIMER before proceeding).


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WASHINGTON LAW AGAINST DISCRIMINATION (RCW 49.60): DISCHARGE

Pursuant to the Washington Law Against Discrimination, section 49.60.180(2) RCW, "[i]t is an unfair practice for any employer[ ] ... [t]o discharge or bar any person from 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(2).

"Violation of this provision supports a discriminatory discharge claim." Mackey v. Home Depot USA, Inc., 12 Wn.App.2d 557, 570 (Div. 2 2020), review denied, 468 P.3d 616 (2020) (referencing Mikkelsen v. Pub. Util. Dist. No. 1 of Kittitas County, 189 Wn.2d 516, 526, 404 P.3d 464 (2017)) (internal quotation marks omitted) (hyperlink added).

ELEMENTS OF DISCRIMINATORY DISCHARGE

Accordingly, "[t]o make a prima facie case of discriminatory discharge, an employee must show that he or she was[:]

(1) within a statutorily protected class,

(2) discharged by the defendant, and

(3) doing satisfactory work.

Id. at 572-73 (citing Mikkelsen, 189 Wn.2d at 527) (emphasis, paragraph formatting, and hyperlinks added).

READ MORE

Read more about wrongful termination by viewing our article: WA State Torts: Wrongful Termination in Violation of Public Policy.

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; please see our DISCLAIMER.

–gw

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