Washington
How Faragher v. City of Boca Raton applies in Washington: state-specific rules, key cases, and bar exam notes for Employment Discrimination.
Washington courts recognize the principles established in Faragher, particularly regarding employer liability for sexual harassment perpetrated by supervisors. The state's Law Against Discrimination (RCW 49.60) aligns with the federal standard while providing additional protections and remedies for victims.
Under Washington law, an employer can be held liable for harassment by a supervisor if the harassment results in a tangible employment action, or if the employer was negligent in preventing or addressing the harassment.
The court held that an employer's failure to take immediate and appropriate action upon learning of harassment constitutes negligence in preventing a hostile work environment.
The court ruled that an employee can pursue a claim under Washington's Law Against Discrimination if the harasser is a supervisor acting within the scope of employment.
This case affirmed that employers must have clear policies and reporting procedures in place to mitigate liability for supervisor harassment.
Washington law embraces the federal standard set out in Faragher, emphasizing employer liability for employee harassment. Additionally, Washington law expands on these protections, offering more robust avenues for employees to seek recourse.
Understanding the implications of Faragher v. City of Boca Raton is critical for the Washington bar exam, as it is often tested in the context of employment discrimination law.