Discrimination & Harassment

Law Offices of Anthony Mencher > Discrimination and Harassment

What is Discrimination and Harassment in the Workplace?

In order the pursue a legal claim for Discrimination or Harassment in the workplace, an employee must experience conduct in the workplace that violates the Washington Law Against Discrimination (WLAD) or the Federal Laws prohibiting discrimination and harassment in the workplace.  

This means that you must have experienced some form of sexual harassment, or, discrimination or harassment related protected category status.

What is Protected Category Status?

Protected category status means that the discrimination or harassment must be related to: race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, veteran status, or the presence of any sensory, mental, or physical disability.

Disability Discrimination

While disability discrimination can occur where an employee is ridiculed, made fun of or harassed in any way about their disability, failure to make a reasonable accommodation for a person with a disability is a more common violation of the anti-discrimination laws as they relate to disability.

In order to file a claim for failure to accommodate, an employee must:

1) Show they are disabled, that they have sensory, mental or physical abnormality that substantially limited their ability to perform the job

2) They were qualified to perform the essential functions of the job

3) They have given the employer notice of the abnormality/disability and its substantial limitations

4) Upon notice, the employer failed to affirmatively adopt available measures that were medically necessary to accommodate the abnormality/disability.  

Where an employee meets these requirements and an employer fails to make a reasonable accommodation, the employee may file a lawsuit for disability discrimination for the failure to accommodate the disability.