WLAD Sexual Harassment Claims in the Workplace Include Same-Sex and Transgender Employees

Sexual harassment in the workplace creates a barrier to sexual equality and is a form of discrimination under RCW 40.60.010 et seq.  Regardless of the employee’s gender or sexual identity, an employee can state a valid hostile work environment claim by showing the alleged conduct was unwelcome; was based on the employee’s sex or gender identity; affected the terms of the employee’s employment, and is imputed to the employer because of management’s knowledge or direct participation.  See RCW §§ 49.60.010; 49.60.40(26)-(27).

By Associate Attorney Casey Pence 

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