WA Law Against Discrimination: What Remote Workers Need to Know

Remote work has blurred state lines, but when it comes to employment law, location still matters. If you are a remote worker, you might wonder: Does Washington’s anti-discrimination law protect me if I live outside the state?

The answer could be yes and here is why based on the answers to the following questions.

• Are you a remote worker who works outside of WA or a WA worker that has relocated to another state?

• Is your employer located in Washington or conduct significant business in Washington?

• Are the company decision makers that impact your employment located in Washington?

If you answered yes to any of these, Washington’s Law Against Discrimination (WLAD) may apply, even if you live elsewhere.

In Burnside v. Simpson Paper Co. (1994), the Washington Supreme Court addressed whether Washington’s anti-discrimination statute applied to non-residents. Burnside, a long-time employee who relocated to California at his employer’s request, was terminated and sued under Washington law. Simpson Paper argued that the term “inhabitant” in RCW 49.60.010 restricted jurisdiction to Washington residents and that California law should apply. The court rejected both arguments, holding that limiting the statute to residents would undermine its purpose of deterring discrimination. It interpreted “inhabitants” broadly, emphasizing that the law should be liberally construed, and that RCW 49.60.030(2) grants a cause of action to “any” person injured by discrimination.

Contact Us:

If you are a remote worker who works for a company or organization established in Washington and believe you have experienced an adverse employment action due to discrimination, contact the Seattle Litigation Group, which specializes in employment law, including discrimination and retaliation cases. Our firm offers consultations and can help you assess your claim.