Washington Employment Discrimination Law: The WLAD Guide
Washington's Law Against Discrimination (WLAD) prohibits workplace discrimination because of race, national origin, disability, age (40+), religion, sex, sexual orientation, and gender identity at employers with 8 or more employees. You can file with the Human Rights Commission within 6 months — or sue directly in court within 3 years, with uncapped damages.
Reviewed by Brian Denlinger, admitted in Washington · Bar No. 53177
Washington at a glance
- Statute
- Washington Law Against Discrimination (WLAD) — RCW ch. 49.60
- Harassment covered at
- 8+ for WSHRC jurisdiction; BUT independent contractors are protected by RCW 49.60.030(1) enforceable by private lawsuit (WAC 162-16-230) regardless; within Seattle city limits, SMC 14.04 (SOCR) covers employers located in or doing business in Seattle (exact small-employer floor NEEDS_VERIFICATION vs SMC 14.04.030)
- Discrimination covered at
- 8+ employees (RCW 49.60.040(11)); religious/sectarian non-profit organizations excluded
- State agency deadline
- 6 months from the alleged act to file with WSHRC (RCW 49.60.230); extended to 12 months for pregnancy-related, 2 years for whistleblower retaliation
- Federal EEOC deadline
- 300 days (Washington is a deferral jurisdiction)
- Civil suit
- 3 years for direct WLAD suit (RCW 4.16.080(2) catch-all; Antonius v. King County) — NO administrative exhaustion required (RCW 49.60.030(2) grants direct civil action; RCW 49.60.020)
- Damages
- UNCAPPED actual damages (RCW 49.60.030(2))
- State agency
- Washington State Human Rights Commission (WSHRC)
Verified against primary sources 2026-06-10. Statute: RCW ch. 49.60
What you can recover under Washington Law Against Discrimination
- UNCAPPED actual damages (RCW 49.60.030(2))
- Injunctive relief
- Costs of suit + reasonable attorney's fees
- Contrast: federal Title VII caps combined compensatory + punitive at $50K-$300K by employer size
Special provisions worth knowing
- NO administrative exhaustion — direct WLAD suit available (3-year window vs 6-month agency deadline; missing the agency window does NOT end the case)
- Independent contractors protected via RCW 49.60.030(1) + WAC 162-16-230 — but must go the lawsuit route (they need a lawyer, not an agency form)
- Silenced No More Act (RCW 49.44.211, eff. June 9, 2022): voids NDA/nondisparagement provisions covering illegal discrimination/harassment/retaliation/wage violations/sexual assault; $10,000 minimum statutory damages + fees; settlement AMOUNTS may stay confidential, underlying conduct may not; retroactive EXCEPT provisions in pre-2022 legal-claim settlement agreements
- Seattle: SMC 14.04 via SOCR — broader protected classes (caste, immigration status, political ideology), 18-month deadline, no immigration-status questions
Discrimination by protected ground in Washington
Coverage thresholds and deadlines differ by ground. Each one below is a separate claim — and an employer can violate more than one at once.
Race & national origin
8+ · 6 mo agency / 3 yr suit
Race and national-origin discrimination and harassment violate Washington's Law Against Discrimination at employers with eight or more employees. You can file with the Human Rights Commission within six months — or sue directly in court within three years with no agency filing required. Damages are uncapped.
Disability
8+ · 6 mo agency / 3 yr suit
Washington's WLAD requires employers with eight or more employees to reasonably accommodate disabilities and bars disability harassment, with a broader definition than federal law. File with the Human Rights Commission within six months, or sue directly within three years. Damages are uncapped, and missing the agency window doesn't end your case.
Age (40+)
8+ · 6 mo agency / 3 yr suit
Washington's WLAD protects workers 40 and older from age discrimination at employers with eight or more employees. You have six months to file with the Human Rights Commission, or three years to sue directly in court. Damages are uncapped — and missing the agency deadline does not end a Washington case.
Religion
8+ · 6 mo agency / 3 yr suit
Washington's WLAD requires reasonable accommodation of religious practices and bars religious harassment at employers with eight or more employees. File with the Human Rights Commission within six months or sue directly within three years. Washington also voids NDAs that hide discrimination under the Silenced No More Act.
Sexual orientation & gender identity
8+ · 6 mo agency / 3 yr suit
Washington's WLAD expressly protects sexual orientation and gender identity; discrimination and harassment are unlawful at employers with eight or more employees. File with the Human Rights Commission within six months or sue directly within three years, with uncapped damages. Seattle workers get an 18-month city option through SOCR.
Retaliation
8+ · 6 mo / 2 yr whistleblower
Washington's WLAD makes retaliation an unfair practice — discharging or punishing anyone who opposed discrimination or filed a charge. You have six months at the Human Rights Commission or three years to sue directly; whistleblower retaliation gets a two-year agency window. Damages are uncapped.
Where to file in Washington
WSHRC
Headquarters (Olympia)
711 S. Capitol Way, Suite 402Olympia, WA 98501
1-800-233-3247
WSHRC has NO Seattle office (correction — offices: Olympia HQ, Spokane, Yakima/Union Gap, East Wenatchee). File online or by mail with Olympia HQ.
File with WSHRC →Employment Discrimination guides by city in Washington
Admitted in Washington
- Craig J. Ackermann · Shareholder Washington Bar No. 53330
- Brian Denlinger · Shareholder Washington Bar No. 53177
- Avi Kreitenberg · Shareholder Washington Bar No. 53294
- Amanda Lutsock · Associate Washington Bar No. 62831
Was it also sexual harassment?
The same treatment can be both. If what happened to you in Washington was tied to your race, age, disability, sex, pregnancy, religion, or national origin, a second set of protections may apply, with its own deadlines.
Common questions
Can I sue for discrimination in Washington without filing with an agency first?
Yes. Washington's WLAD lets you file a lawsuit directly in court within three years — no agency complaint required. The Human Rights Commission's six-month window is an option, not a prerequisite, and missing it does not end your case.
Are NDAs that hide discrimination enforceable in Washington?
No. Washington's Silenced No More Act (2022) voids NDA and non-disparagement provisions that cover illegal discrimination, harassment, or retaliation, with a $10,000 minimum statutory damages plus fees. Settlement amounts can stay confidential, but the underlying conduct cannot be gagged.