State law prohibits it, but a prohibition is not a guarantee. RCW 49.60.210 makes it an unfair practice to discharge, expel, or otherwise discriminate against a person because they opposed a practice the Washington Law Against Discrimination forbids, or because they filed a charge, testified, or assisted in a proceeding. One gate to clear: RCW 49.60.040 counts only employers who employ eight or more persons. Washington also lets you sue directly, and the state commission window is six months.
In this guide
What the Washington Law Against Discrimination says about retaliation
Chapter 49.60 RCW is the Washington Law Against Discrimination, usually shortened to WLAD. Its retaliation rule is RCW 49.60.210(1). It is an unfair practice for any employer, employment agency, labor union, or other person to discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden by the chapter, or because he or she has filed a charge, testified, or assisted in any proceeding under it.
Read the list of who is covered again. It is not limited to your employer. The words "or other person" reach beyond the company itself, which matters when the person making your life difficult is a supervisor, a staffing agency, or a union rather than the corporate entity on your paycheck. The same section separately protects government whistleblowers and people who assist an office of fraud and accountability investigation.
Sources [1]
Six months, and the state clock is unforgiving
RCW 49.60.230(2) requires a complaint to the Washington State Human Rights Commission to be filed within six months after the alleged act of discrimination. The statute writes out its own short list of exceptions: real estate transactions get one year, pregnancy discrimination gets one year, and whistleblower retaliation gets two years. Retaliation for opposing harassment is not on that list, so six months is your number.
The commission's own guidance adds a practical wrinkle worth knowing. What you submit first is a questionnaire. A commission investigator then drafts it into a perfected charge that you sign, and the agency notes a backlog of roughly eight to ten weeks before new complaints are assigned to an intake investigator. Starting in month five leaves very little room.
How big does the employer have to be?
RCW 49.60.040(11) defines employer to include any person acting in the interest of an employer, directly or indirectly, who employs eight or more persons. Religious or sectarian organizations not organized for private profit are excluded from that definition.
Eight is a lower bar than the federal one. The EEOC covers employers with 15 or more employees under Title VII and the Americans with Disabilities Act. So a worker at a ten-person company in Washington can be outside the federal system and still inside the state one. If your workplace is smaller than eight, do not assume nothing applies, but do get advice on which route is actually open.
Washington gives you a civil action of your own
RCW 49.60.030(2) says that any person deeming himself or herself injured by any act in violation of the chapter shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained, or both, together with the cost of suit including reasonable attorneys' fees.
Two things in that sentence matter to a worker deciding what to do. Actual damages are not limited to the wages you lost. And the fee provision is what makes it realistic for a person without savings to bring a case at all. The six-month rule in RCW 49.60.230 is written as the deadline for a complaint filed with the commission, which is a different track from this civil action, so ask specifically which deadline applies to which route before you rule anything out.
Sources [6]
Where the federal deadline fits
The EEOC's base window for filing a charge is 180 days, extended to 300 days where a state or local agency enforces a law that prohibits employment discrimination on the same basis. Washington has such an agency, so the federal window here is the longer one.
The practical result surprises people. A Washington worker who is past the six-month state deadline may still be inside the federal window. That is not a reason to relax. It is a reason to find out your exact dates quickly, because the two systems have separate rules about what counts as filing on time.
The 300-day figure has an exception that swallows it for one group. If a federal agency employs you, or you applied to one, you are not on the charge track at all. The EEOC's rule for federal employees and applicants is contact with an agency EEO Counselor, generally within 45 days of the act, extendable only in certain circumstances. A federal worker in Seattle who assumes 300 days can be four months too late before anyone mentions it.
Questions, answered.
I complained to my manager instead of filing anything formal. Does WLAD still cover me?
RCW 49.60.210 protects a person who has opposed practices forbidden by the chapter. The text is not written around a particular internal form. Getting the complaint into an email still helps, because it fixes the date.
Source [9]
My company has six employees. Is that the end of it?
Not the end, but a real obstacle. The threshold is in the statute rather than in agency practice: RCW 49.60.040 defines employer to include any person acting in the interest of an employer who employs eight or more persons. A six-person employer sits below that, so the WLAD route in this guide is likely closed. The federal route is further out of reach, since the EEOC covers private employers at 15 or more. Other routes can still exist depending on your facts, including local ordinances and claims that do not come from the WLAD at all. It is worth one conversation before you drop it.
The six months already passed. Should I bother calling?
Yes, and quickly. The six-month rule governs the complaint filed with the commission. The federal charge window in Washington is 300 days, and the statute also provides a civil action in court. Which of those is still available turns entirely on your dates.
Sources
- RCW 49.60.210 (retaliation) ↗
- RCW 49.60.230 (complaint may be filed with commission) ↗
- Washington State Human Rights Commission, Employment ↗
- RCW 49.60.040 (definitions) ↗
- EEOC, Retaliation ↗
- RCW 49.60.030 (freedom from discrimination; civil action) ↗
- EEOC, time limits for filing a charge ↗
- EEOC, overview of the federal sector EEO complaint process ↗
- RCW 49.60.210(1) (unfair practice to discriminate against any person "because he or she has opposed any practices forbidden by this chapter") ↗
- RCW 49.60.040(11) ("Employer" includes any person acting in the interest of an employer, directly or indirectly, who employs eight or more persons) ↗
- EEOC, Coverage of Business/Private Employers (15 or more employees; an employer EEOC cannot reach "still may be covered by a state or local anti-discrimination law") ↗
- RCW 49.60.230(2) (a complaint must be filed within six months after the alleged act of discrimination) ↗
- RCW 49.60.030(2) (a person injured by a violation has a civil action in a court of competent jurisdiction) ↗