How do I prove discrimination?

You can show direct evidence (discriminatory statements, policies) or circumstantial evidence (differential treatment, statistical patterns, pretext for stated reasons) [42 U.S.C. 2000e-2].

What happens after I file?

The agency investigates, attempts mediation or conciliation, and may issue findings. If unresolved, you receive a right-to-sue letter allowing you to file a lawsuit.

Topic guideUpdated 2026-02-27

Washington Workplace Discrimination — Filing a Complaint

Q: What counts as workplace discrimination?

Discrimination occurs when an employer treats you less favorably because of a protected characteristic. Under the Washington Law Against Discrimination (WLAD), protected classes include: race, creed, color, national origin, sex, marital status, age (40+), sexual orientation, gender identity/expression, disability, hiv/hepatitis c status, genetic information, honorably discharged veteran/military status, use of a service animal — applies to employers with 8+ employees; adds numerous protected classes beyond federal law [§ 49.60.180].

Q: Can I file with both the state agency and EEOC?

Yes. Washington State Human Rights Commission is a deferral agency that cross-files with EEOC; Washington's longer civil action period (3 years) provides more time to pursue claims than federal deadlines. Filing with one agency can often satisfy the requirements of the other through cross-filing agreements.

Protected classes, filing deadlines, and how to pursue a discrimination claim under Washington and federal law.

The Washington Law Against Discrimination (WLAD) prohibits employment discrimination in Washington §49.60.180.

Protected Classes

Under Washington law, employers cannot discriminate based on: race, creed, color, national origin, sex, marital status, age (40+), sexual orientation, gender identity/expression, disability, hiv/hepatitis c status, genetic information, honorably discharged veteran/military status, use of a service animal — applies to employers with 8+ employees; adds numerous protected classes beyond federal law.

Federal laws (Title VII, ADA, ADEA) provide additional protections for employees of employers with 15+ employees (20+ for age discrimination).

Types of Discrimination

Disparate treatment — intentional discrimination based on a protected characteristic

Disparate impact — neutral policies that disproportionately affect a protected group

Failure to accommodate — refusing reasonable accommodations for disability or religion

Harassment — creating a Hostile work environment based on a protected characteristic

Filing a Discrimination Complaint

You have 6 months to file an administrative complaint with WSHRC (1 year for real estate transaction and pregnancy discrimination complaints; 2 years for whistleblower retaliation complaints); 3 years to file a civil action under the general limitations period for injury to the person or rights of another. Washington State Human Rights Commission is a deferral agency that cross-files with EEOC; Washington's longer civil action period (3 years) provides more time to pursue claims than federal deadlines.

	Details
State Agency	Washington State Human Rights Commission (WSHRC)
Federal Agency	EEOC
State Deadline	6 months to file an administrative complaint with WSHRC (1 year for real estate transaction and pregnancy discrimination complaints; 2 years for whistleblower retaliation complaints); 3 years to file a civil action under the general limitations period for injury to the person or rights of another
Federal Deadline	180 days (300 with deferral) [42 U.S.C. § 2000e-5]

⚠Filing deadlines are strictly enforced. Missing the deadline typically bars your claim entirely, regardless of its merits.

✓File with both the state agency and EEOC to preserve all options. A single filing can often be cross-filed with both agencies.

Prepare for Your Consultation

Quick checklist (Employment Law)

Gather these before your first consultation.

Employment records

(pay stubs, contracts, offer letters)

Communication evidence

(emails, texts, performance reviews)

Witness information

(coworkers who can corroborate)

General preparation tips only. Specific needs depend on your state and employment situation.

No Obligation

Ready to Talk to a Lawyer?

Submit a short intake form and a participating Washington attorney who handles this type of matter may reach out to you. No commitment required.

Request a Free Consultation →

No attorney-client relationship is created unless you later sign an engagement agreement. Participating attorneys may pay a marketing fee to receive inquiries.

Common Questions