Washington

Civil Rights Act of 1991 in Washington Law

How Civil Rights Act of 1991 applies in Washington: state-specific rules, key cases, and bar exam notes for Employment Law.

State Approach

Washington's approach to employment discrimination incorporates the principles set forth in the Civil Rights Act of 1991, reinforcing protections against discrimination based on race, color, religion, sex, or national origin. The state law generally aligns with federal law, extending some rights and providing avenues for redress specifically designed to protect employees.

State Rule
Washington law prohibits employment discrimination under the Washington Law Against Discrimination (WLAD), which covers protected classes similar to those enumerated in the Civil Rights Act of 1991 and empowers employees to seek damages, including punitive damages in some instances.
Significant State Cases

Roberts v. Dudley

The court held that the WLAD applies to both public and private employers, affirming the right of employees to pursue claims of unlawful discrimination.

McKinney v. State

The court ruled that retaliation against employees for asserting rights under the WLAD is prohibited, further protecting employees who report discrimination.

Vandenberg v. Superior Court

The court determined that punitive damages are available under WLAD in cases of egregious conduct, consistent with the damages provisions of the Civil Rights Act of 1991.

Comparison to Federal Law

Washington's approach closely mirrors the federal framework established by the Civil Rights Act of 1991, particularly regarding remedies such as compensatory and punitive damages. However, Washington's WLAD may provide broader coverage and protections, such as protective measures against retaliation that may not be explicitly stated at the federal level.

Bar Exam Note

The principles of the Civil Rights Act of 1991 and their application in Washington state law are frequently tested on the Washington bar exam, particularly in the areas of employment discrimination and civil rights law.

Practice Pointers
  • Familiarize yourself with both the WLAD and the Civil Rights Act of 1991 to understand their similarities and differences.
  • Note the specific damages available under Washington law, particularly regarding punitive damages in discrimination cases.
  • Keep abreast of recent Washington Supreme Court decisions interpreting employment discrimination laws to better predict potential exam questions.

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