FEPA Discrimination Charge and Right-to-Sue Procedure — Washington

FEPA Discrimination Charge and Right-to-Sue Procedure (WASHINGTON)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

MEMORANDUM — PRIVILEGED AND CONFIDENTIAL — ATTORNEY WORK PRODUCT

I. Threshold Coverage Analysis

II. Forum Selection

III. SOL Calculation

IV. Damages Estimate

V. Recommendation

[NARRATIVE — forum recommendation, deadlines, evidence preservation, dual-filing decision]

Part B — Charge of Discrimination (WSHRC Complaint Questionnaire / Perfected Charge)

[DATE: __/__/____]

Filed via WSHRC Online Complaint Portal: https://wahum.my.site.com/FileaComplaintOnline/

COMPLAINT TO THE WASHINGTON STATE HUMAN RIGHTS COMMISSION

I. Bases of Discrimination (check all that apply)

☐ Race (including hair texture / type / protective hairstyles) ☐ Creed (religion) ☐ Color ☐ National origin ☐ Citizenship or immigration status ☐ Sex ☐ Pregnancy or pregnancy-related conditions ☐ Marital status ☐ Age 40+ ☐ Sensory disability ☐ Mental disability ☐ Physical disability ☐ Use of trained dog guide or service animal ☐ HIV/AIDS or Hepatitis C status ☐ Sexual orientation ☐ Gender identity or expression ☐ Honorably discharged veteran or military status ☐ State employee or healthcare whistleblower ☐ Retaliation/opposition to discriminatory practice

II. Unfair Practice Alleged (RCW 49.60.180)

☐ Refusal to hire ☐ Discharge / barring from employment ☐ Discrimination in compensation or terms and conditions ☐ Discriminatory advertisement, application form, inquiry ☐ Failure to accommodate (disability / pregnancy / religion) ☐ Hostile work environment / harassment ☐ Retaliation

III. Statement of Particulars

1. Hire and Position. Complainant was hired by [EMPLOYER] on [__/__/____] as a [JOB TITLE]. Direct supervisor: [NAME]. Most recent hourly/annual compensation: $[________].

2. Employer Size. On information and belief, Respondent employs approximately [____] persons in Washington, satisfying the 8-employee WLAD threshold under RCW 49.60.040(11).

3. Protected Class. Complainant is a member of the following protected class(es) under WLAD: [____________].

4. Adverse Action. On or about [__/__/____], Respondent [DESCRIBE — discharged / demoted / failed to promote / harassed / denied accommodation / retaliated against] Complainant.

5. Discriminatory Conduct.
   - [Incident 1 — date, location, actors, conduct, witnesses, documents]
   - [Incident 2 — date, location, actors, conduct, witnesses, documents]
   - [Incident 3 — date, location, actors, conduct, witnesses, documents]

6. Comparators. Similarly situated employees outside Complainant's protected class were treated more favorably: [NAMES, CIRCUMSTANCES].

7. Notice / Internal Complaint. On [__/__/____], Complainant reported the conduct to [HR / Supervisor / Manager]. Response: [____________].

8. Reasonable Accommodation (if applicable). On [__/__/____], Complainant requested [accommodation] for [disability/pregnancy/religion]. Respondent [denied / failed to engage in interactive process].

9. Retaliation. After protected activity on [__/__/____], Respondent retaliated by [adverse action] on [__/__/____].

10. Damages. Lost wages, emotional distress, medical, reputational harm — amount to be determined.

IV. Relief Requested

☐ Reinstatement
☐ Back pay and front pay
☐ Compensatory damages (no cap under WLAD)
☐ Attorney's fees and costs (RCW 49.60.030(2))
☐ Injunctive relief — policy reform, training, posting of WLAD notices
☐ Expungement of disciplinary records

V. Cross-Filing Request

☐ Complainant requests cross-filing with the U.S. EEOC under the EEOC-WSHRC Workshare Agreement to preserve Title VII / ADA / ADEA / GINA rights.

VI. Signature on Perfected Charge

I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

Executed on [__/__/____] at [CITY, WA].

______________________________
[COMPLAINANT SIGNATURE]

Part C — Right-to-Sue / Election-to-Withdraw Demand Letter

[DATE: __/__/____]

Via WSHRC Online Portal AND U.S. Mail (Certified, Return Receipt Requested — Article No. [________________])

RE: Notice of Election to Pursue Private Right of Action and Request to Withdraw WSHRC Complaint — RCW 49.60.030(2) — WSHRC Charge No. [________________]

Dear WSHRC:

Pursuant to RCW 49.60.030(2) and WAC 162-08-280, Complainant [NAME] hereby provides notice of election to pursue the private right of action available under WLAD and requests that the above-captioned charge be WITHDRAWN WITHOUT PREJUDICE to permit Complainant to file a civil action in the Superior Court of Washington.

WLAD does not require a right-to-sue letter from WSHRC. Complainant intends to file a Complaint in [____________] County Superior Court within the 3-year statute of limitations established by Antonius v. King County, 153 Wn.2d 256 (2004), and RCW 4.16.080(2).

Please issue written confirmation of the withdrawal without prejudice and close the WSHRC file at the earliest opportunity.

If this matter has been cross-filed with the U.S. EEOC under the EEOC-WSHRC Workshare Agreement, Complainant simultaneously requests an EEOC Notice of Right to Sue under 29 C.F.R. § 1601.28 to preserve Title VII / ADA / ADEA / GINA rights.

Thank you for your prompt attention.

Respectfully,

______________________________
[COMPLAINANT or COUNSEL]
[Firm, Address, Phone, Email, WSBA No.]

cc: [EMPLOYER / COUNSEL]; EEOC Seattle Field Office (if cross-filed)

Part D — Pre-Suit Civil Complaint (Superior Court of Washington)

SUPERIOR COURT OF WASHINGTON FOR [____________] COUNTY

No. [________________]

COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF, AND OTHER RELIEF
Washington Law Against Discrimination — RCW 49.60

Plaintiff [NAME], by counsel, alleges:

I. Parties

1.1 Plaintiff [NAME] is and at all relevant times was a resident of [COUNTY], Washington.
1.2 Defendant [EMPLOYER] is a [corporation/LLC] doing business in [COUNTY], Washington, employing 8 or more persons.
1.3 Defendant [INDIVIDUAL SUPERVISOR] is a Washington resident who personally engaged in or aided unlawful conduct.

II. Jurisdiction and Venue

2.1 Subject-matter jurisdiction is proper under RCW 49.60.030(2) and the Washington Constitution.
2.2 Venue is proper in [COUNTY] under RCW 4.12.025 because Defendant transacts business here and the unlawful acts occurred here.
2.3 This action is timely under the 3-year statute of limitations established in Antonius v. King County, 153 Wn.2d 256 (2004), and RCW 4.16.080(2).

III. Factual Allegations

3.1 [Hire date, position, supervisor, salary, performance]
3.2 [Protected class disclosure and accommodation requests]
3.3 [Discriminatory conduct and incidents]
3.4 [Internal complaint and employer response]
3.5 [Adverse action]
3.6 [Damages]

IV. CAUSES OF ACTION

Count 1 — Discrimination in Violation of WLAD (RCW 49.60.180)

4.1 Plaintiff incorporates the preceding paragraphs.
4.2 Defendant discriminated against Plaintiff on the basis of [protected class] in the terms and conditions of employment in violation of RCW 49.60.180.

Count 2 — Hostile Work Environment / Harassment (Glasgow v. Georgia-Pacific)

4.3 Plaintiff incorporates the preceding paragraphs.
4.4 Plaintiff was subjected to unwelcome conduct, based on a protected class, that was sufficiently severe or pervasive to alter the terms and conditions of employment, and that was imputable to Defendant under Glasgow v. Georgia-Pacific Corp., 103 Wn.2d 401 (1985).

Count 3 — Retaliation (RCW 49.60.210)

4.5 Plaintiff incorporates the preceding paragraphs.
4.6 After Plaintiff engaged in protected activity, Defendant retaliated against Plaintiff in violation of RCW 49.60.210.

Count 4 — Failure to Accommodate (if applicable)

4.7 Plaintiff incorporates the preceding paragraphs.
4.8 Defendant failed to provide reasonable accommodation for Plaintiff's [disability / pregnancy / religion] without undue hardship, in violation of RCW 49.60.180 and the Washington Pregnancy Accommodation Act (RCW 43.10.005).

Count 5 — Wrongful Discharge in Violation of Public Policy (if applicable)

4.9 Plaintiff incorporates the preceding paragraphs.
4.10 Plaintiff's discharge contravened a clear mandate of Washington public policy.

V. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendants:

A. Reinstatement and/or front pay;
B. Back pay and lost benefits;
C. Compensatory damages for emotional distress and other harms (no cap under WLAD);
D. Reasonable attorney's fees and costs under RCW 49.60.030(2);
E. Pre- and post-judgment interest;
F. Injunctive and equitable relief including expungement, training, and policy reform;
G. Such other relief as the Court deems just.

JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable pursuant to CR 38.

Respectfully submitted,

______________________________
[COUNSEL NAME], WSBA No. [________]
[Firm, Address, Phone, Email]
Attorneys for Plaintiff

Dated: [__/__/____]

Part E — Pre-Filing Checklist

Immediately upon discriminatory act

☐ Calendar 6-month WSHRC deadline (12 months for pregnancy) and 3-year WLAD court deadline.
☐ Preserve all evidence: emails, texts, performance reviews, write-ups, pay stubs, handbook.
☐ Write contemporaneous notes — dates, times, witnesses, words spoken.
☐ Identify and contact potential witnesses.
☐ Request personnel file in writing.
☐ Do not sign any release, separation agreement, or arbitration agreement without counsel review.

Coverage and forum analysis (Part A memo)

☐ Confirm Respondent has 8+ employees in Washington (RCW 49.60.040(11)).
☐ Confirm Respondent is not a religious nonprofit (excluded from WLAD employer definition).
☐ Identify protected classes and adverse actions.
☐ Decide WSHRC vs. direct Superior Court action; note no right-to-sue letter required.

Before filing WSHRC charge (Part B)

☐ Complete WSHRC online complaint questionnaire.
☐ Allow time for WSHRC investigator to draft a perfected charge — questionnaire alone does NOT preserve filing rights.
☐ Review and sign the perfected charge before the 6/12-month SOL expires.
☐ Request cross-filing with EEOC.
☐ Save copy of perfected charge and confirmation.

During WSHRC investigation

☐ Respond promptly to WSHRC investigator information requests.
☐ Consider mediation if offered; preserve litigation rights.
☐ Track any new retaliatory acts and supplement charge.

If electing to withdraw and proceed directly to court (Part C)

☐ Send written withdrawal request via portal + Certified Mail.
☐ Obtain written confirmation of withdrawal without prejudice.
☐ Request EEOC Notice of Right to Sue if dual-filed.
☐ Calendar 3-year Antonius SOL deadline.

Before filing Superior Court Complaint (Part D)

☐ Verify venue under RCW 4.12.025.
☐ Pay filing fee or move in forma pauperis under GR 34.
☐ Comply with Civil Cover Sheet requirements.
☐ Serve summons + complaint under CR 4.
☐ Preserve jury demand under CR 38(b) (filed with complaint or no later than 14 days after last pleading).

Ongoing during litigation

☐ Litigation hold letter on documents and ESI.
☐ Document mitigation: job search log.
☐ Continue mental-health treatment; preserve medical records under HIPAA.
☐ Avoid social media posts about the case.

Sources and References

• WSHRC main page: https://www.hum.wa.gov
• WSHRC employment guidance: https://www.hum.wa.gov/employment
• WSHRC online complaint portal: https://wahum.my.site.com/FileaComplaintOnline/
• RCW 49.60 (WLAD): https://app.leg.wa.gov/RCW/default.aspx?cite=49.60
• RCW 49.60.030 (private right of action): https://app.leg.wa.gov/RCW/default.aspx?cite=49.60.030
• RCW 49.60.180 (unfair employment practices): https://app.leg.wa.gov/RCW/default.aspx?cite=49.60.180
• RCW 49.60.230 (administrative procedures): https://app.leg.wa.gov/RCW/default.aspx?cite=49.60.230
• RCW 4.16.080 (3-year SOL): https://app.leg.wa.gov/RCW/default.aspx?cite=4.16.080
• WAC 162 (WSHRC rules): https://apps.leg.wa.gov/WAC/default.aspx?cite=162
• Antonius v. King County, 153 Wn.2d 256 (2004)
• Glasgow v. Georgia-Pacific Corp., 103 Wn.2d 401 (1985)
• EEOC Seattle Field Office: https://www.eeoc.gov/field-office/seattle/location
• EEOC-WSHRC Workshare Agreement: https://www.eeoc.gov/employees/charge.cfm
• Washington Superior Court Civil Rules (CR): https://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=sup&set=CR