How Does the Washington State Human Rights Commission Handle Employment Discrimination Mediation

The Washington State Human Rights Commission (WSHRC) administers the Washington Law Against Discrimination (WLAD), RCW 49.60, which prohibits employment discrimination on the basis of race, creed, color, national origin, sex, sexual orientation, gender expression or identity, marital status, age, disability, honorably discharged veteran or military status, and several other protected classes. The WSHRC offers a free mediation program for complaints filed with the Commission. After a complaint is filed and the WSHRC determines it has jurisdiction, the parties are offered the opportunity to participate in mediation before the complaint is investigated. The WSHRC mediator is a neutral state employee. Mediation at the WSHRC stage is voluntary and confidential. Washington's WLAD is broader than federal law in several respects: it covers employers with eight or more employees (vs. 15 under Title VII for most claims), has a three-year statute of limitations (vs. 180/300 days under Title VII), and covers protected classes not found in federal law (e.g., sexual orientation, gender expression or identity, and honorably discharged veteran status). The WSHRC's mediation program has a high settlement rate — approximately 70% of cases that enter mediation settle. Charges may also be cross-filed with the EEOC if they fall within federal jurisdiction.