Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › I - GENERAL › Section 162-08-061 - Relationship of commission to complainant

Current through Register Vol. 24-14, July 15, 2024
(1)
Commission's role and objectives.
In investigating cases the commission seeks to ascertain the facts in
			order to make an impartial finding of "reasonable cause" or "no reasonable
			cause." It has no predisposition in favor of either complainants or
			respondents. If "reasonable cause" is found, then the objective of the
			commission is to obtain the remedy that will best eliminate the unfair
			practices and prevent their recurrence. The judgment as to what will eliminate
			an unfair practice for purposes of reaching an agreement under
			RCW
			   49.60.240 is made initially by the executive
			director, or other staff persons pursuant to the executive director's
			direction, and ultimately by the commissioners. The judgment as to what will
			eliminate an unfair practice and carry out the purposes of the human rights law
			after hearing under
			RCW
			   49.60.250 is made by the administrative law
			judge. The commission was not designed to compete with the courts as a forum
			for the vindication of private rights; its task is to work for the public good
			of eliminating and preventing discrimination. Although the facts and
			circumstances giving rise to a claim of discrimination may sometimes give rise
			to other claims based upon other statutes or principles of common law, the
			commission will investigate only claims of unfair practices arising under
			chapter
			49.60 RCW et seq. The law
			against discrimination expressly preserves the right of complainants and/or
			aggrieved parties to seek other civil or criminal remedies in court or other
			available forums, either simultaneously with a complaint filed with the
			commission or in lieu of such a complaint, subject to any limitations or
			conditions provided in WAC
			162-08-062 or
			elsewhere.
(2)
Independence
			from complainant.
The commission's primary objective is to eliminate and
			prevent discrimination, which may or may not be consistent with the goals or
			objectives of a particular complainant or aggrieved person. In negotiating a
			settlement or seeking an order, the commission generally works for provisions
			restoring the complainant as nearly as possible to the position he or she would
			be in if he or she had not been discriminated against, because this is usually
			an effective way to eliminate the discrimination and prevent its recurrence.
			But where, in the commission's judgment, provisions fully restoring the
			complainant (for instance, reinstatement to the job with back pay) would be
			inadequate to eliminate a pattern of discrimination, the commission will hold
			out for additional terms, even though the respondent is willing to settle on
			the basis of full relief for the complainant only. Except as may be otherwise
			provided for complaints alleging unfair practices in real estate transactions,
			the commission may determine that discrimination will be effectively eliminated
			and prevented by an order that does not afford the complainant every item of
			relief to which he or she may have a legal claim. The commission assumes that
			persons who complain to it are as interested in the elimination and prevention
			of discrimination in general as in their individual cases. If a person is
			interested only in relief for himself or herself, he or she is advised to seek
			his or her remedy directly in court pursuant to
			RCW
			   49.60.020,
			49.60.030 and/or WAC
			162-08-062.
Statutory Authority:
				RCW
				49.60.120(3) and
				49.60.240. 96-13-045, §
											162-08-061, filed 6/13/96,
				effective 7/14/96. Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-061, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-061, filed 9/2/77; Order
				7, §
											162-08-061, filed
				1/19/68.