Please review the information below as well as the information on the Federal Equal Employment Opportunity page and then return to the workplace harassment prevention course tab.
Harassment and discrimination based on a protected characteristic are prohibited under both federal and state law. The federal government and most state governments have agencies that help employers and employees understand these legal requirements and ensure compliance with the laws.
Harassment or discrimination based on any protected characteristic set forth below is prohibited under state law in Washington.
race (including traits historically associated with race, such as hair texture, hair type, and protective hairstyles such as afros, locks, braids, or twists)
color
national origin (including ancestry)
sex (including pregnancy, childbirth, or related conditions)
gender identity or expression
sexual orientation (including heterosexuality, homosexuality, bisexuality, and gender expression or identity)
age (40 or older)
creed/religion (including religious observance, practice, and belief)
sensory, mental or physical disability (including use of trained dog guide or service animal)
genetic information
marital status
status as member of military or honorably discharged veteran
The primary state law that prohibits employment discrimination, including harassment, is the Washington State Law Against Discrimination.
Sexual harassment is defined as unwelcome language or conduct of a sexual nature, or language or conduct that is because of sex, when:
Such language or conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment (this can happen even if the complaining party is not the intended target of the sexual harassment);
Such conduct is made either explicitly or implicitly a term or condition of employment; or,
Submission to or rejection of such conduct is used as the basis for employment decisions.
Sexual harassment includes, but is not limited to, derogatory comments, jokes, or statements; sexual advances; sexually explicit language or stories; or visual, verbal or physical conduct of a sexual nature.
This definition includes many forms of offensive behavior and includes gender-based harassment of a person even when the harassment is not sexual in nature, but rather is because of the person’s gender. Sexual harassment can include language or conduct against a person of the same sex as the harasser.
Source: Washington Human Rights Commission.
Examples of language and conduct that is considered prohibited harassment include:
Physical conduct including but not limited to: sexual assault; grabbing, poking, pressing or intentionally brushing up against another person’s body; blocking someone’s movement or invading their space; touching someone’s breast, buttocks, or between their legs; or any other unwanted and intentional physical contact.
Visual conduct including but not limited to: leering; sexual gestures; displaying of sexually suggestive objects, pictures, cartoons, posters, screen-savers, or websites.
Verbal conduct including but not limited to: sexually derogatory comments, epithets, slurs and jokes; verbal abuse of a sexual nature; graphic verbal comments about an individual’s body; derogatory comments related to gender or stereotypical gender roles; subtle or obvious pressure for unwelcome sexual activities; sexually suggestive or obscene letters, notes, emails, or texts; conversations, stories, comments or jokes about a person’s sexuality or sexual experience; unwelcome questions about a person’s sexuality or gender identity or expression.
Asking a co-worker on a date multiple times if the request was unwelcome;
Verbal abuse or joking concerning a person’s gender characteristics such as vocal pitch, facial hair or the size or shape of a person’s body.
Offering an employment benefit (such as a raise, bonus, promotion, assistance with one’s career or better working conditions) in exchange for sexual favors, or threatening an employment detriment (such as termination, demotion, worse working conditions, or disciplinary action) when a person refuses to engage in sexual activity.
Sending sexually related, sexually derogatory, or sexually suggestive text messages, videos or messages via social media.
Physical or verbal abuse concerning an individual’s gender or the perception of the individual’s gender.
Making or threatening retaliatory action after receiving a negative response to sexual advances.
Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity or expression, or the status of being transgender, such as:
Interfering with, destroying or damaging a person’s work, workstation, tools or equipment, or other interference with the individual’s ability to perform the job;
Ignoring or ostracizing them;
Yelling or name-calling.
Degrading comments in the form of sex stereotyping, which occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people’s ideas or perceptions about how persons of a specific sex should act or look.
Source: Washington Human Rights Commission.
The Washington Coalition of Sexual Assault Programs (WCSAP)
List of Community Sexual Assault Prevention & Support Groups by County
You can also contact WCSAP for help and information:
T: (360) 754-7583
TTY: (360) 709-0305
Website: www.wcsap.org
Washington State Department of Commerce Crime Victim Resource Guide
RAINN
24/7 Hotline: 800.656.HOPE (800.656.4673)
Website: www.rainn.org
When you call the hotline, you’ll be routed to a local RAINN affiliate organization based on the first six digits of your phone number. Cell phone callers have the option to enter the ZIP code of their current location to more accurately locate the nearest sexual assault service provider.
An employment discrimination or harassment claim may be filed with the Washington State Human Rights Commission, and/or the U.S. Equal Employment Opportunity Commission, depending on the employer’s size and the protected characteristic on which the claim is based. More information on federal law prohibiting employment discrimination and harassment is available on the Federal Equal Employment Opportunity page.
Employer retaliation against an employee who files a discrimination or harassment complaint or is involved in the complaint process is unlawful.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.