Washington State Civil Rights Complaint (WLAD — Direct Court Filing)

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF — WASHINGTON LAW AGAINST DISCRIMINATION

TABLE OF CONTENTS

1. Caption
2. Nature of the Action
3. Parties, Jurisdiction, and Venue
4. Statute of Limitations
5. Factual Allegations
6. Count I — WLAD Employment Discrimination (RCW 49.60.180)
7. Count II — WLAD Retaliation (RCW 49.60.210)
8. Count III — WLAD Public Accommodation (RCW 49.60.215) (if applicable)
9. Count IV — WLAD Housing/Real Estate (RCW 49.60.222) (if applicable)
10. Count V — WLAD HIV/Hepatitis C Discrimination (RCW 49.60.172) (if applicable)
11. Count VI — Parallel Federal Counts (optional)
12. Damages
13. Prayer for Relief
14. Demand for Trial by Jury
15. Signature Block
16. Washington Practice Notes
17. Sources and References

1. CAPTION

SUPERIOR COURT OF WASHINGTON FOR [________________________________] COUNTY

CASE NO. [________________________________]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF; DEMAND FOR JURY TRIAL

(Washington Law Against Discrimination, RCW Chapter 49.60)

Plaintiff, by and through undersigned counsel, complains of Defendants and alleges as follows:

2. NATURE OF THE ACTION

2.1. This is a civil action arising under the Washington Law Against Discrimination ("WLAD"), RCW Chapter 49.60, including without limitation RCW 49.60.180 (employment), RCW 49.60.210 (retaliation), RCW 49.60.215 (public accommodation), RCW 49.60.222 (housing and real estate transactions), and RCW 49.60.172 (HIV/hepatitis C status).

2.2. Plaintiff alleges that Defendants discriminated against Plaintiff on the basis of [PROTECTED CLASS — race / creed / color / national origin / sex / pregnancy / marital status / sexual orientation / gender identity / age (40+) / honorably discharged veteran or military status / sensory, mental, or physical disability / use of a trained dog guide or service animal / HIV or hepatitis C status], retaliated against Plaintiff for engaging in protected activity, and subjected Plaintiff to a hostile environment in violation of the WLAD.

2.3. Plaintiff seeks compensatory damages, equitable relief, and reasonable attorneys' fees and costs under RCW 49.60.030(2).

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff [PLAINTIFF NAME] is an adult resident of [________________________________] County, Washington, and was at all relevant times an "employee" within the meaning of RCW 49.60.040(11) and/or a person aggrieved within the meaning of RCW 49.60.030.

3.2. Defendant [EMPLOYER NAME] ("Employer") is a [corporation / LLC / other entity] organized under the laws of [STATE], registered to do business in Washington, with its principal Washington place of business at [ADDRESS].

3.3. At all relevant times, Employer employed eight (8) or more persons and is therefore an "employer" within the meaning of RCW 49.60.040(11).

3.4. This Court has subject-matter jurisdiction under Article IV, § 6 of the Washington Constitution and RCW 2.08.010 (general superior court jurisdiction) and RCW 49.60.030(2) (private right of action under WLAD).

3.5. Venue is proper in this County under RCW 4.12.020 and RCW 4.12.025 because the unlawful conduct occurred in [________________________________] County and/or Defendant resides or maintains its principal place of business in this County.

3.6. Plaintiff is NOT required to exhaust administrative remedies before WSHRC or the EEOC prior to filing suit under WLAD. RCW 49.60.030(2) confers a direct private right of action in superior court.

4. STATUTE OF LIMITATIONS

4.1. WLAD has no internal limitations period. Plaintiff's claims are governed by the three-year personal-injury statute of limitations, RCW 4.16.080(2), as held in Antonius v. King County, 153 Wn.2d 256 (2004).

4.2. The unlawful conduct alleged herein occurred within three years of the filing of this Complaint, or constitutes a continuing violation/hostile environment claim, the last act of which occurred within the limitations period.

5. FACTUAL ALLEGATIONS

5.1. Plaintiff began employment with Defendant Employer on [DATE] as [POSITION].

5.2. At all relevant times, Plaintiff performed Plaintiff's duties competently and met or exceeded Employer's legitimate expectations.

5.3. Plaintiff is a member of the following protected class(es) under RCW Chapter 49.60: [SPECIFY].

5.4. Beginning on or about [DATE], Plaintiff was subjected to the following adverse actions and/or harassment:

• [Specific adverse action 1 — e.g., termination, demotion, pay cut, denied promotion, refused accommodation];
• [Specific harassment incident 1 — date, location, actors, statements];
• [Specific harassment incident 2];
• [Pattern of differential treatment — comparators].

5.5. On [DATE], Plaintiff reported the discrimination/harassment to [HR / supervisor / hotline] and engaged in protected activity by [describe complaint, accommodation request, WSHRC charge, EEOC charge, etc.].

5.6. Following Plaintiff's protected activity, Defendants [describe retaliation — termination, schedule changes, write-ups, isolation].

5.7. Similarly situated persons outside Plaintiff's protected class(es) were treated more favorably, including [name comparators and treatment].

5.8. Defendants' stated reasons for the adverse actions are pretextual because [explain inconsistencies, shifting rationales, deviations from policy, temporal proximity].

6. COUNT I — WLAD EMPLOYMENT DISCRIMINATION (RCW 49.60.180)

(Against Defendant Employer)

6.1. Plaintiff incorporates Paragraphs 1.1 through 5.8.

6.2. RCW 49.60.180 makes it an unfair practice for an employer to refuse to hire, discharge, or discriminate in compensation or terms and conditions of employment because of age, sex, marital status, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, sexual orientation, gender identity, 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.

6.3. Defendant Employer discriminated against Plaintiff because of Plaintiff's [PROTECTED CLASS] by [ADVERSE ACTION], in violation of RCW 49.60.180.

6.4. As a direct and proximate result, Plaintiff has suffered lost wages and benefits, emotional distress, humiliation, loss of professional reputation, and other compensable damages.

7. COUNT II — WLAD RETALIATION (RCW 49.60.210)

(Against Defendant Employer and Individual Defendants)

7.1. Plaintiff incorporates Paragraphs 1.1 through 6.4.

7.2. RCW 49.60.210 prohibits any employer or other person from retaliating against any person for opposing practices forbidden by RCW Chapter 49.60 or for filing a charge, testifying, or assisting in any proceeding.

7.3. Plaintiff engaged in protected activity by [describe], and Defendants thereafter took materially adverse action by [describe], with a causal connection demonstrated by [temporal proximity / direct evidence / pattern].

7.4. Plaintiff has suffered the damages set forth above.

8. COUNT III — WLAD PUBLIC ACCOMMODATION (RCW 49.60.215)

(Plead only if applicable; against the place of public accommodation)

8.1. Plaintiff incorporates the foregoing paragraphs.

8.2. RCW 49.60.215 makes it an unfair practice for any person to commit any act which directly or indirectly results in any distinction, restriction, or discrimination in any place of public resort, accommodation, assemblage, or amusement, on the basis of any protected class.

8.3. Defendant [NAME] denied Plaintiff full enjoyment of [FACILITY/SERVICE] because of Plaintiff's [PROTECTED CLASS], in violation of RCW 49.60.215.

9. COUNT IV — WLAD HOUSING / REAL ESTATE TRANSACTIONS (RCW 49.60.222)

(Plead only if applicable)

9.1. Plaintiff incorporates the foregoing paragraphs.

9.2. RCW 49.60.222 makes it an unfair practice for any person, whether acting for himself, herself, or another, in connection with any real estate transaction, real estate service, or real estate-related facility, to refuse to engage in a real estate transaction or otherwise discriminate on the basis of any protected class.

9.3. Defendant [NAME] [describe discriminatory conduct — refusal to rent, steering, blockbusting, denial of mortgage] because of Plaintiff's [PROTECTED CLASS], in violation of RCW 49.60.222.

10. COUNT V — WLAD HIV / HEPATITIS C DISCRIMINATION (RCW 49.60.172)

(Plead only if applicable)

10.1. Plaintiff incorporates the foregoing paragraphs.

10.2. RCW 49.60.172 prohibits discharge, refusal to hire, segregation, or discrimination on the basis of the results of an HIV test or hepatitis C test (or perceived HIV or hepatitis C infection), unless the absence of HIV or hepatitis C infection is a bona fide occupational qualification.

10.3. Defendant Employer [describe conduct] because of Plaintiff's actual or perceived HIV or hepatitis C status, in violation of RCW 49.60.172.

11. COUNT VI — PARALLEL FEDERAL COUNTS (Optional — Plead as Appropriate)

(Title VII, ADA, ADEA, 42 U.S.C. § 1981 — file in federal court or with supplemental jurisdiction; requires EEOC exhaustion for Title VII/ADA/ADEA)

11.1. [As applicable: Title VII — 42 U.S.C. § 2000e-2(a)], prohibiting discrimination on the basis of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity per Bostock v. Clayton County, 590 U.S. 644 (2020)), or national origin.

11.2. [As applicable: ADA — 42 U.S.C. § 12112(a)], prohibiting disability discrimination and requiring reasonable accommodation.

11.3. [As applicable: ADEA — 29 U.S.C. § 623(a)], prohibiting age discrimination against persons 40 and older.

11.4. [As applicable: 42 U.S.C. § 1981], prohibiting race discrimination in the making, performance, modification, and termination of contracts.

12. DAMAGES

12.1. Back Pay and Benefits. Lost wages, bonuses, commissions, and benefits from the date of the adverse action through the date of judgment, with prejudgment interest.

12.2. Front Pay or Reinstatement. Reinstatement to Plaintiff's former position with full seniority, or in the alternative, front pay sufficient to make Plaintiff whole.

12.3. Compensatory Damages. Emotional distress, mental anguish, humiliation, loss of professional reputation, and other non-economic injuries. Compensatory damages under WLAD are NOT capped.

12.4. Punitive Damages. Punitive damages are NOT available under the WLAD per Dailey v. North Coast Life Ins. Co., 129 Wn.2d 572 (1996). Punitive damages are sought, if at all, only under parallel federal counts (Title VII / ADA / § 1981) subject to 42 U.S.C. § 1981a(b)(3) caps, and under the ADEA only as liquidated damages for willful violations.

12.5. Attorneys' Fees and Costs. Mandatory under RCW 49.60.030(2) for a prevailing plaintiff.

13. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for the following relief:

• ☐ A. Judgment for Plaintiff and against Defendants on all counts;
• ☐ B. Back pay, lost benefits, and prejudgment interest;
• ☐ C. Reinstatement or, in the alternative, front pay;
• ☐ D. Compensatory damages in an amount to be determined at trial;
• ☐ E. A declaratory judgment that Defendants' conduct violated RCW Chapter 49.60;
• ☐ F. Permanent injunctive relief enjoining further discrimination and retaliation, and ordering Defendants to implement remedial training and policy changes;
• ☐ G. Reasonable attorneys' fees, expert fees, and costs under RCW 49.60.030(2);
• ☐ H. Punitive damages under any pleaded parallel federal count (not under WLAD);
• ☐ I. Such other relief as the Court deems just and equitable.

14. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right, pursuant to Article I, § 21 of the Washington Constitution and CR 38.

15. SIGNATURE BLOCK

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], WSBA No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, WA ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

16. WASHINGTON PRACTICE NOTES

• ☐ No exhaustion required. WLAD permits direct filing in superior court under RCW 49.60.030(2). A WSHRC charge is permitted but is NOT a prerequisite to suit and a right-to-sue letter is not required.
• ☐ Three-year SOL. RCW 4.16.080(2); Antonius v. King County, 153 Wn.2d 256 (2004). Distinct from the 6-month deadline to file with WSHRC under RCW 49.60.230.
• ☐ Employer threshold. RCW 49.60.040(11) — 8+ persons (lower than Title VII's 15-employee threshold).
• ☐ No punitive damages under WLAD. Dailey v. North Coast Life Ins. Co., 129 Wn.2d 572 (1996). Counsel may plead parallel federal counts for punitive damages.
• ☐ Mandatory attorneys' fees. RCW 49.60.030(2) — prevailing plaintiff is entitled to reasonable attorneys' fees and costs.
• ☐ Hostile environment. Apply National R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002), framework as adopted in Antonius.
• ☐ Individual liability. Supervisors may be individually liable under WLAD for their own discriminatory acts. Brown v. Scott Paper Worldwide Co., 143 Wn.2d 349 (2001) — verify current scope.
• ☐ Pleading standard. Washington uses notice pleading under CR 8(a). Federal Twombly/Iqbal plausibility does not apply in state court.
• ☐ Removal risk. If federal counts are added, Defendant may remove under 28 U.S.C. § 1441. Consider strategic implications.
• ☐ Confirm WSBA-licensed attorney review before filing.

17. SOURCES AND REFERENCES

• RCW Chapter 49.60 — https://app.leg.wa.gov/rcw/default.aspx?cite=49.60
• RCW 49.60.030 — https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.030
• RCW 49.60.172 — https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.172
• RCW 49.60.180 — https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.180
• RCW 49.60.210 — https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.210
• RCW 49.60.215 — https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.215
• RCW 49.60.222 — https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.222
• RCW 49.60.230 — https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.230
• RCW 4.16.080 — https://app.leg.wa.gov/rcw/default.aspx?cite=4.16.080
• Antonius v. King County, 153 Wn.2d 256 (2004)
• Dailey v. North Coast Life Ins. Co., 129 Wn.2d 572 (1996)
• Bostock v. Clayton County, 590 U.S. 644 (2020)
• Washington State Human Rights Commission — https://www.hum.wa.gov/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. The Washington Law Against Discrimination permits direct court filing without administrative exhaustion. An attorney licensed in Washington must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.