Seattle Race Discrimination Lawyers
Race discrimination in the workplace is illegal in Washington and under federal law. If your employer has treated you differently because of your race, color, or ancestry, you have legal options. We represent employees who have been passed over, pushed out, paid less, or harassed because of their race.
Our experienced race discrimination attorneys serve clients in Seattle, Bellevue, Tacoma, and throughout King, Pierce, and Snohomish counties, and throughout Washington. We handle claims under the Washington Law Against Discrimination (WLAD), RCW 49.60, Title VII of the Civil Rights Act of 1964, and 42 U.S.C. Section 1981.
Call (206) 407-3300 to schedule a free, confidential case evaluation by a tenacious race discrimination attorney who will fight for your rights.
We accept race discrimination cases on a paid hourly fee basis or a contingency fee basis (with contingency fee, we only receive if compensation is obtained). .
What Is Race Discrimination in the Workplace?
Race discrimination occurs when an employer makes employment decisions based on a worker’s race, color, or ethnicity rather than their qualifications or performance. Under RCW 49.60.180, Washington employers with eight or more employees may not discriminate in hiring, termination, pay, job assignments, or any other term or condition of employment based on race or color. Federal law under Title VII also offers race discrimination protection, but it applies to employers with 15 or more employees.
Race discrimination can take many forms. It may be overt, such as a supervisor who uses racial slurs or explicitly excludes employees of a certain race from advancement. It may also be systemic, such as a hiring or promotion process that consistently disadvantages employees of color. Both direct and indirect discrimination are actionable under Washington and federal law.
What Laws Protect Washington Employees from Race Discrimination?
The Washington Law Against Discrimination (WLAD), RCW 49.60, prohibits race and color discrimination by employers, employment agencies, and labor unions. It offers broader protections than federal law in several respects, including a lower employee threshold and a longer statute of limitations. Violations can result in back pay, compensatory damages, and attorney’s fees.
Title VII of the Civil Rights Act of 1964 is the primary federal anti-discrimination statute. It prohibits race and color discrimination and is enforced by the Equal Employment Opportunity Commission (EEOC). Before filing a Title VII lawsuit, you must first file an EEOC charge within 300 days of the discriminatory act.
42 U.S.C. Section 1981 provides a separate federal cause of action for race discrimination in the making and enforcement of contracts, including employment contracts. Section 1981 claims can be filed directly in federal court without first going through the EEOC, and claims made possible by the Civil Rights Act of 1991, such as hostile work environment or wrongful termination, carry a four-year federal statute of limitations. Claims under the original statute, such as a refusal to hire, are subject to Washington’s three-year personal injury period.
What Are Common Examples of Race Discrimination at Work?
As Seattle race discrimination attorneys with decades of legal practice, we regularly see many of the same forms of race discrimination reoccurring in the workplace, including:
- Termination or demotion: being fired or demoted under circumstances that suggest race was a factor, particularly when employees of a different race with similar or worse performance records are treated more favorably.
- Failure to hire or promote: being rejected for a position or promotion despite being equally or better qualified than candidates of another race who were selected.
- Unequal pay: receiving lower wages, smaller bonuses, or fewer benefits than coworkers of a different race who perform substantially similar work.
- Hostile work environment: being subjected to racial slurs, derogatory comments, racially offensive jokes, or other race-based conduct that is severe or pervasive enough to alter the conditions of your employment.
- Racially motivated discipline: being written up, suspended, or terminated for conduct that employees of another race engaged in without consequence.
What Is a Racially Hostile Work Environment?
A hostile work environment based on race is one where racial harassment is so severe or pervasive that it creates an intimidating, offensive, or abusive workplace. A single severe incident, such as a physical assault or an explicit racial threat, can be enough to establish a hostile work environment claim. A pattern of less severe conduct, such as ongoing racial jokes or slurs that management tolerates, may also qualify.
In general, where the harasser is an owner, manager, partner, or corporate officer, the conduct is imputed to the employer automatically. Otherwise, including for harassment by a line supervisor, coworker, or third party, the employer is liable if it knew or should have known about the conduct and failed to take prompt and adequate corrective action. Thus the question of what an employer knew is paramount. If you reported racial harassment to HR or management and nothing changed, your employer may be directly liable.
What If My Employer Retaliates Against Me for Reporting Race Discrimination?
Retaliation for reporting race discrimination is illegal. Under RCW 49.60.210 and Title VII, your employer cannot fire, demote, cut your hours, give you an unwarranted negative review, or otherwise punish you for reporting race discrimination, filing an EEOC charge, or participating in an investigation or lawsuit. Retaliation claims are powerful even when the underlying discrimination claim is difficult to prove.
If you reported race discrimination and faced adverse consequences shortly afterward, document the timeline carefully. Keep records of any communications, performance reviews, or changes to your duties or schedule. Further, call our office at 206-407-3300 to schedule a free case review by an experienced race discrimination attorney as soon as possible, as you may have a separate claim for retaliation.
What Damages Can I Recover for Race Discrimination?
Washington employees who prevail on race discrimination claims may recover back pay, front pay, and compensatory damages for emotional distress. The WLAD does not authorize punitive or exemplary damages, though they remain available on a federal claim. Under the WLAD, prevailing plaintiffs are also entitled to recover their attorney’s fees from the employer.
Federal Title VII claims also allow punitive damages subject to statutory caps; while Section 1981 claims carry no cap on compensatory or punitive damages.
How Long Do I Have to File a Race Discrimination Claim?
Under the WLAD, you generally have three years from the date of the discriminatory act to file a lawsuit in Washington state court. To pursue a federal Title VII claim, you must file an EEOC charge within 300 days. Most Section 1981 employment claims must be filed within four years, though claims such as a refusal to hire may be subject to Washington’s three-year period. Because these deadlines can overlap and interact, it is important to consult an attorney promptly. As experienced Seattle race discrimination attorneys, we regularly handle cases that fall within these limitations, and we know how to expeditiously pursue claims to ensure that our clients do not lose their rights to seek justice and compensation.
Is It a Mistake to Quit Before Reporting Race Discrimination?
It can be, and the reason is worth understanding. Race discrimination is rarely proved by a single remark. It is usually proved by comparison: the coworker who made the same mistake and kept their job and the assignments that went to everyone but you.
There is also the question of what your employer will say later. A resignation hands them a clean story: nothing was ever formally raised, and you chose to leave. A complaint made while you are still there forces a response and creates a record.
None of this means that leaving ends your rights, and we regularly take cases from people who resigned long before they called anyone. It means you have more options as an employee than you will have later. Call our race discrimination lawyers at (206) 407-3300 before you take any action.
How Can Seattle Litigation Group Help?
We represent employees only. Our race discrimination attorneys know how to investigate these claims, preserve evidence, and present the strongest possible case to the WSHRC, the EEOC, or a Washington court. We serve workers throughout the Seattle metro area and across Washington State.
If you have experienced race discrimination at work, call Seattle Litigation Group at (206) 407-3300 or contact us online for a free, confidential case evaluation by an experienced Seattle race discrimination lawyer.
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