Washington
How Faragher v. Boca Raton applies in Washington: state-specific rules, key cases, and bar exam notes for Labor Law.
Washington law aligns closely with the principles established in Faragher v. Boca Raton, emphasizing the employer's liability for sexual harassment in the workplace. The state law also recognizes the importance of preventive measures and prompt action by employers in addressing harassment claims.
In Washington, under the Washington Law Against Discrimination (WLAD), an employer is liable for the harassment of an employee by a supervisor when the harassing behavior results in tangible employment action or if the employer knew or should have known about the harassment and failed to take appropriate action.
The court held that the employer's failure to take remedial action against reported harassment constituted a violation of the WLAD.
This case reaffirmed that employers have a duty to create an environment free from sexual harassment, similar to the federal standard set in Faragher.
The court found that the state agency was liable for failing to address harassment claims promptly, emphasizing the need for effective company policies.
Washington's approach parallels the federal standard set forth in Faragher, focusing on the employer's liability in cases of supervisor harassment. However, Washington law may impose stricter requirements on employers regarding preventive policies and prompt action.
Understanding the application of Faragher principles in Washington is crucial for the labor law section of the Washington bar exam, particularly regarding employer liability and remedial measures.