Washington State Law Against Discrimination - The Complete Guide for 2026

Employees in Washington State are protected by both federal and state laws that prohibit discrimination in the workplace.

In order to maintain compliance, as well as an equal opportunistic place of employment, employers must ensure a strong understanding of Federal discrimination laws and the Washington Law Against Discrimination (WLAD).

Washington Law Against Discrimination (WLAD) Overview

In addition to federal requirements, the WLAD (Chapter 49.60 RCW) further protects employees and other individuals from discriminatory and unfair practices in the workplace. State law applies to employers with 8 or more employees.

Employers should ensure that they understand the following key points to maintain compliance:

• Protected classes in Washington
• Situations in which discrimination can occur
• Employer requirements and prohibited actions

Protected Classes in Washington State

Washington State employers are prohibited from treating someone adversely as well as denying them equal treatment or access, because of one or more of the following protected classes

• Race, including hairstyles and other traits associated with race or perceived to be associated with race
• Creed
• Color
• Genetic information, including genetic services and family medical history
• National origin
• Citizenship or immigration status
• Sex/gender
• Sexual orientation
• Gender identity or expression
• Marital status
• Family with children status
• Age
• Sensory, mental, or physical disability
• Use of a trained dog guide or service animal by a person with a disability
• Honorably discharged veteran or military status
• Political beliefs
• Criminal record, except in specific circumstances

Employers should also note that as of January 1, 2024 employers are also prohibited from discriminating against job applicants based on their use of off-the-job cannabis (RCW 49.44.240).

Common Situations Where Discrimination May Occur

Discrimination can occur in many situations, making it important for employers to stay vigilant and ensure fair practices are observed.

Some common instances in which discrimination can occur include:

• Hiring and firing
• Setting salary and benefits
• Recruitment
• Job referrals
• Transfer or promotion
• Retirement plans and disability leave
• Drug and medical testing
• Use of company facilities
• Tasks and assignments
• Training and apprenticeships

Employer Requirements and Other Prohibited Practices

In addition to discrimination and unfair employer practices outlined above, employers must ensure that other, more specific requirements are observed.

Political & Religious Meetings

Washington employers may not require employees to attend meetings or communications focused primarily on the employer’s religious or political views (RCW 49.44.250). Employers also may not discipline, terminate, retaliate against, or otherwise take adverse action against employees who choose not to participate in those discussions. The law also protects employees who report suspected violations in good faith.

There are some exceptions, however, when it comes to essential job information or legally mandated training.

Fair Chance Act & Background Checks

Washington’s Fair Chance Act limits when and how employers can consider criminal records during the hiring process. Employers may not ask about criminal history on job applications, conduct background checks, or otherwise obtain criminal record information until determining that an applicant is otherwise qualified and extending a conditional offer of employment.

Employers are also prohibited from creating job posts that deter individuals with criminal histories from applying, such as using language like “no felons”. Blanket policies that automatically disqualify individuals with criminal records are also prohibited.

Lastly, employers may not take adverse employment action in a hiring decision based solely on arrest records or juvenile convictions. Decisions made due to an adult conviction record must have a legitimate business reason tied to the position.

Before making a final decision, employers must provide notice, identify the record being considered, and allow the applicant or employee at least two business days to respond with additional information, rehabilitation details, or corrections.

It’s important to note that some exceptions apply.

Sexual Harassment Training

Certain Washington employers must take specific steps to help protect employees who work alone or in isolated environments from sexual harassment and assault by providing mandated sexual harassment training (RCW 49.60.515).

Types of covered businesses that must provide training include: 

• Hotels
• Motels
• Retail businesses
• Security guard companies
• Property service contractors that employ workers such as janitors
• Housekeepers
• Room service attendants

Covered employers must adopt a written sexual harassment policy, provide mandatory training for managers and employees, and give workers access to resources related to harassment prevention and reporting. Employers must also educate workers on protections against retaliation for reporting workplace violations.

Most importantly, employers must provide “panic buttons” or emergency contact devices to isolated employees so they can quickly summon help if they feel unsafe or experience harassment or assault while working alone.

Reasonable Accommodations

Under WLAD, employers must provide reasonable accommodations to qualified individuals with disabilities to help ensure equal employment opportunities.

A reasonable accommodation is generally any change to a job, workplace, policy, schedule, or work process that allows an employee to perform the essential functions of their position or participate equally in the workplace.

Employees may request accommodations at any stage of employment, including during the application process, after receiving a job offer, or while actively employed. Requests do not need to be made in writing, and employers are expected to begin the interactive process once they become aware of a potential need for accommodation.

Common accommodations may include:

• Modified schedules
• Workplace adjustments
• Equipment changes
• Job restructuring
• Reassignment to a vacant position
• Remote work arrangements when appropriate

The guidance also explains that employers may request medical documentation to better understand the disability, workplace limitations, and potential accommodations. However, medical information must remain confidential and stored separately from standard personnel records.

Employers are also not necessarily required to provide the employee’s preferred accommodation if another effective option is available. However, employees are not required to accept an accommodation they do not want.

Equal Pay

Washington’s Equal Pay and Opportunities Act (EPOA) is designed to promote fairness in compensation and career advancement by prohibiting discrimination based on gender and other protected classes.

Specifically, employers may not base pay or advancement opportunities on factors such as sex, race, age, disability, marital status, sexual orientation, citizenship or immigration status, veteran status, or other protected characteristics.

The law also includes several employee protections related to wage transparency and retaliation.

Pay Transparency

Washington Pay Transparency Law applies to employers with 15 or more employees and is part of the EPOA.

Covered employers must include a wage scale or salary range, along with a general description of benefits and other compensation, in job postings. If a position offers a fixed wage instead of a range, that amount must be disclosed.

The law also prohibits employers from requesting an applicant’s wage or salary history before an offer is accepted or requiring prior salary levels as a condition of employment.

Retaliation Due to Filed Complaints

Washington law prohibits employers, employment agencies, and labor unions from retaliating against individuals who oppose discrimination or participate in discrimination-related investigations or legal proceedings.

Protected activities include:

• Filing a complaint
• Testifying in a case
• Assisting with an investigation
• Reporting conduct prohibited under the Washington Law Against Discrimination

Employers may not terminate, discipline, demote, harass, or otherwise treat employees unfairly for engaging in these protected activities.

Posting Requirements

It is recommended that employers in Washington State that are covered by WLAD display the “Washington State Law Prohibits Discrimination in Employment” poster in an easily accessible location in the workplace.

Those covered under Federal Law must still display the “Know Your Rights: Workplace Discrimination is Illegal” poster.

To help ensure the labor law poster is up-to-date with the current regulations, employers should leverage a labor law poster subscription service that automatically delivers the posters you need for each worksite.

Get Help With Anti-Discrimination Compliance

Maintaining compliance with the Washington Law Against Discrimination requires employers to take a proactive approach to hiring, workplace policies, and employee relations.

Clear policies, consistent training, and proper posting requirements all play a key role in meeting both state and federal obligations and ensuring ongoing compliance in Washington State.

For help managing compliance, Washington businesses may want to consider turning to a Washington Payroll and HR provider. For help finding a provider, contact us today.

 Guest Author: Lori Brown

Lori Brown, CEO of PayNW a leading Washington payroll and HR services company, took the reins in September 2021 from founder Mike Anderson. Growing PayNW from $500K to $13M in annual revenue, Lori has maintained a 96% client retention rate, year over year. She is a talented leader, with extensive experience in payroll, Human Capital Management, Employee Retention Credit (ERC) efforts, and more. Lori was elected to the board of the Independent Payroll Processors Association in 2021 and is a Puget Sound Business Journal 40 Under 40 honoree. She is a mom of three and has been happily married for the past 24 years.