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Seattle > Seattle Workplace Discrimination
Employment discrimination occurs when an employer treats an employee or job applicant unfairly because of a protected characteristic such as age, race, sex, disability, sexual orientation, gender identity, or another legally protected factor. Workplace discrimination can be overt or subtle and can have significant consequences for an employee’s career, income, and well-being.
Seattle employees are protected by federal law, the Washington Law Against Discrimination (WLAD), and, in many circumstances, the Seattle Municipal Code. Seattle’s local anti-discrimination protections cover a broad range of protected characteristics and may provide protections beyond those available under federal law.
The following are several types of workplace discrimination prohibited under Washington State, Seattle, or federal law:
Age discrimination occurs when an employer makes employment decisions based on an employee’s age rather than their qualifications, skills, or job performance. Federal law protects workers who are age 40 and older through the Age Discrimination in Employment Act (ADEA), while Washington State law also prohibits employment discrimination based on age.
Older employees may face workplace bias because of stereotypes that they are slower, resistant to change, more expensive to employ, or less capable of learning new technologies. Employers may sometimes attempt to disguise age discrimination as restructuring, downsizing, or cost-cutting.
Signs of age discrimination may include:
Being passed over for promotions in favor of younger, less-experienced employees
Receiving negative performance reviews inconsistent with previous evaluations
Being assigned undesirable duties intended to encourage resignation
Hearing comments about being “too old” or needing to retire
Being excluded from meetings, training, or professional development opportunities
Being targeted during layoffs while similarly situated younger employees are retained
If you believe you have experienced age discrimination in the workplace, an employment attorney can help you understand which protections may apply to your situation.
Disability discrimination occurs when an employer treats an employee or applicant unfairly because of an actual or perceived disability. Seattle employees may be protected by the Americans with Disabilities Act (ADA), the Washington Law Against Discrimination, and applicable Seattle anti-discrimination laws.
A disability may be physical, mental, visible, or non-visible. Depending on the circumstances, employers may also have a duty to provide reasonable accommodations that allow a qualified employee to perform their job unless providing the accommodation would create an undue hardship.
Examples of disability discrimination may include:
Refusing to hire a qualified applicant because of a disability
Denying reasonable workplace accommodations
Demoting or terminating an employee after they disclose a disability
Harassing an employee because of an actual or perceived disability
Excluding employees with disabilities from training, promotions, or other opportunities
Applying workplace policies in ways that unfairly disadvantage employees with disabilities
Reasonable accommodations may include modified work schedules, ergonomic equipment, changes to certain job duties, accessible facilities, or other adjustments appropriate to an employee’s circumstances.
Employees who believe they have experienced disability discrimination should consider documenting what happened, including accommodation requests and communications with their employer.
Gender or sex discrimination occurs when an employee is treated differently because of their sex, gender, gender identity, gender expression, or another protected characteristic related to sex.
Seattle employees may receive protections under Title VII of the Civil Rights Act of 1964, the Washington Law Against Discrimination, and Seattle’s local anti-discrimination ordinances. These protections can apply to hiring, termination, promotions, compensation, job assignments, workplace conditions, and other aspects of employment.
Examples of gender discrimination may include:
Paying employees differently because of sex or gender
Promoting less-qualified employees because of gender
Applying different performance or appearance standards based on gender
Discriminating against employees because of gender identity or expression
Allowing sexist comments or gender-based harassment to create a hostile workplace
Denying employment opportunities because an employee does not conform to gender stereotypes
Employees should be evaluated based on their qualifications and performance rather than assumptions about their sex or gender.
Seattle employees may have protections against discrimination involving hair texture or hairstyles when that discrimination is connected to race or another protected characteristic.
Washington law recognizes that race discrimination protections include traits historically associated or perceived to be associated with race, including hair texture and protective hairstyles. This can include hairstyles such as braids, locs, Afros, and twists.
Examples of hair discrimination may include:
Requiring employees to straighten naturally textured hair to appear “professional”
Prohibiting protective hairstyles associated with particular racial groups
Penalizing employees because of their natural hair texture
Applying grooming policies differently based on race
Denying workplace opportunities because of hairstyles associated with racial or cultural identity
Workplace grooming and appearance policies should not be used as a pretext for unlawful racial discrimination.
Workplace discrimination can occur before a person is hired. Employers generally cannot make hiring decisions because of an applicant’s protected characteristics rather than their qualifications for the position.
A failure-to-hire claim may arise when an applicant believes they were denied a job because of race, age, sex, disability, religion, national origin, sexual orientation, gender identity, or another characteristic protected by applicable law.
Hiring discrimination may include:
Preferring candidates of a particular race, sex, or other protected group for discriminatory reasons
Asking interview questions designed to obtain information about protected characteristics
Using coded language in job postings to discourage certain applicants
Using recruitment practices that intentionally exclude particular protected groups
Refusing to consider qualified applicants with disabilities who could perform the job with reasonable accommodations
Rejecting an applicant because of their religion, sexual orientation, gender identity, or other protected status
Discrimination laws can apply to recruiting, interviewing, screening, hiring, and other stages of the employment process.
Seattle employees are protected against workplace discrimination based on sexual orientation and gender identity under federal, Washington State, and local Seattle law.
LGBTQ+ discrimination can affect hiring, termination, promotions, compensation, workplace assignments, benefits, training, and other terms or conditions of employment.
Examples may include:
Harassment or derogatory comments about sexual orientation or gender identity
Refusing to hire or promote someone because they are LGBTQ+
Treating an employee differently after learning about their sexual orientation
Discriminating against transgender or nonbinary employees
Applying workplace policies differently based on gender identity
Excluding LGBTQ+ employees from workplace or leadership opportunities
Employees should be evaluated based on their qualifications and performance rather than stereotypes or biases concerning sexual orientation or gender identity.
Pregnancy discrimination occurs when an employer treats an employee or applicant unfavorably because of pregnancy, childbirth, pregnancy-related health conditions, or related circumstances.
Seattle employees may have protections under federal law, including Title VII as amended by the Pregnancy Discrimination Act and the Pregnant Workers Fairness Act, as well as protections available under Washington State law.
Pregnancy discrimination may include:
Refusing to hire someone because they are pregnant
Denying a promotion or other opportunity because of pregnancy
Pressuring an employee to take leave before it is necessary
Demoting or terminating an employee after learning about their pregnancy
Denying legally required pregnancy-related workplace accommodations
Treating pregnancy-related medical restrictions less favorably than required by law
Depending on the circumstances, employees may be entitled to reasonable workplace accommodations related to pregnancy, childbirth, or related health conditions.
Pregnancy discrimination can involve several overlapping federal and Washington employment protections. A Seattle workplace discrimination attorney can help an employee determine which laws apply to their situation.
Race discrimination occurs when an employee or applicant is treated unfairly because of race, color, ethnicity, or characteristics associated with race. Discrimination can be overt, such as racial slurs, or more subtle, such as consistently denying advancement opportunities to employees of a particular race.
Examples of race discrimination may include:
Assigning less desirable work because of race
Using racial stereotypes when making hiring or promotion decisions
Allowing racial slurs, offensive jokes, or other racial harassment
Disciplining employees of one race more harshly than similarly situated employees of another race
Applying grooming or appearance policies in a discriminatory manner
Excluding employees from professional opportunities because of race
Race discrimination may violate Title VII, the Washington Law Against Discrimination, and Seattle’s local anti-discrimination protections.
Discrimination against transgender employees because of their gender identity can violate federal, Washington State, and Seattle employment laws.
Transgender discrimination can take many forms, including refusing to hire qualified applicants, terminating employees, denying promotions, workplace harassment, discriminatory workplace policies, or other unfavorable treatment because an employee is transgender.
Examples may include:
Refusing to hire an applicant because they are transgender
Harassing an employee because of their gender identity or expression
Applying dress or grooming standards inconsistently based on gender identity
Intentionally treating transgender employees differently from similarly situated coworkers
Denying promotions, training, or other opportunities because of gender identity
Retaliating against an employee for reporting gender identity discrimination
Transgender employees have the right to be evaluated based on their qualifications and job performance rather than stereotypes or prejudice concerning their gender identity.
Seattle workers have protections under federal, Washington State, and local employment laws. If you believe you have experienced workplace discrimination, consider taking the following steps:
Document the incidents – Keep records of potentially discriminatory behavior, including dates, times, locations, communications, and witnesses.
Preserve evidence – Save relevant emails, text messages, performance evaluations, schedules, disciplinary notices, and other workplace documents you are legally permitted to retain.
Report the conduct – Consider following your employer’s procedures for reporting discrimination to human resources, management, or another designated person.
Seek legal counsel – An employment lawyer can help you understand which federal, Washington State, or Seattle protections apply to your situation.
Consider filing a complaint – Depending on the circumstances, employees may be able to file a discrimination complaint with agencies such as the U.S. Equal Employment Opportunity Commission (EEOC), the Washington State Human Rights Commission (WSHRC), or the Seattle Office for Civil Rights (SOCR).
Employees should also be aware that discrimination complaints can be subject to filing deadlines. The applicable deadline can vary depending on the law, agency, and type of claim involved.
No employee should have to endure unlawful workplace discrimination. Understanding your rights, documenting discriminatory conduct, and taking appropriate action can help protect both your career and your legal rights.
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