You just heard an offensive joke or received a hostile comment. It only happened once, but it targets a part of your identity. Is this instance bad enough to be illegal discrimination?
Finding an answer to this question requires a deeper understanding of employment law, particularly policies on discrimination.
What Washington law says about isolated comments
In Washington, employment laws protect you from legally actionable harassment. However, these do not protect you from incivility. For instance, your colleague made a hurtful comment about your appearance. The courts can consider this a minor or easily dismissed remark, which is not enough to violate the law.
The narrative can change when your colleague’s discriminatory actions fundamentally changed your working conditions. To illustrate further, your colleague made a highly offensive or aggressive comment about your race privately. The courts can consider this action severe enough if the incident drastically alters your employment conditions.
Taking action to protect your rights
Severe harassment requires immediate action, even if it happened one time. Following these steps can help you gather evidence to support your case:
- Document the date and time of the incident.
- Gather statements from witnesses.
- Create a personal anecdote detailing your response to the incident and how it affected your work.
- Review your company’s policies on internal reporting.
- Consult with your manager or the HR department.
Determining whether an event is severe is a complex, fact-specific analysis. If you are unsure whether your experience meets the legal threshold in Washington, consulting an employment law attorney can offer guidance.