Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › VI - ADMINISTRATIVE HEARING AND DECISION › Section 162-08-298 - Remedies

Current through Register Vol. 24-14, July 15, 2024
(1)
Power of
			administrative law judge.
The administrative law judge has the power to
			exercise the general jurisdiction of the commission to eliminate and prevent
			discrimination by means of orders to respondents who have been found after
			hearing to have engaged in an unfair practice or practices.
(2)
General objectives.
An order
			should generally both eliminate the effects of an unfair practice and prevent
			the recurrence of the unfair practice. The effects of an unfair practice are
			eliminated by restoring the victims of the unfair practice as nearly as
			possible to the position they would have been in if the unfair practice had not
			occurred. It is appropriate to eliminate the effects of the unfair practice on
			persons other than the complainant or complainants, and to consider the
			deterrent effect of an order on persons other than the respondent or
			respondents. The objective of the law is to eliminate and prevent
			discrimination, not merely to provide treatment for victims of
			discrimination.
(3)
Cease and
			desist.
In every case where the administrative law judge finds that a
			respondent has engaged in an unfair practice the administrative law judge shall
			order the respondent to cease and desist from that unfair practice.
(4)
Examples of remedies.
Included among remedies that will effectuate the purposes of the law
			against discrimination in an appropriate case are the following:
(a) An order to hire persons who have been
			unfairly denied employment;
(b) An
			order to reinstate persons who have been unfairly terminated, downgraded, or
			reclassified;
(c) An order to
			upgrade persons who have been unfairly denied promotion;
(d) An order to pay back pay to a person or
			persons who would have had a job but for the unfair practice of the
			respondent;
(e) An order to pay an
			amount equal to the difference in pay between the job the persons had and the
			job they would have had but for the unfair practice of the
			respondent;
(f) An order restoring
			employment benefits, such as insurance benefits, retirement contributions, sick
			leave, vacation benefits, seniority standing, etc., lost or not gained because
			of an unfair practice;
(g) An order
			to admit persons to membership in a union which has unfairly excluded the
			persons and dispatch them to jobs in accordance with uniform rules applicable
			to all members;
(h) An order to
			merge or otherwise restructure a seniority system that unfairly disadvantages a
			protected class of persons;
(i) An
			order to rent or sell real property to persons who have been unfairly denied
			the property;
(j) An order to grant
			credit to persons who have been unfairly denied credit;
(k) An order to reimburse or compensate
			persons for the excess cost of credit caused by an unfair practice;
(l) An order to issue or renew insurance to
			persons who have been unfairly denied the insurance;
(m) Except as may be provided for complaints
			of unfair practices in real estate transactions, an order to pay a sum of money
			of up to ten thousand dollars to compensate persons for humiliation and mental
			suffering caused by an unfair practice;
(n) An order assessing a civil penalty
			against the respondent as authorized by
			RCW
			   49.60.225(1) and
			(2);
(o) An order to pay interest on money that
			should have been paid at an earlier time, but for the unfair practice. Interest
			may be calculated at the current market rate for unsecured personal loans from
			institutions other than small loan companies licensed under chapter 31.08
			RCW;
(p) An order to not retaliate
			against a complainant, witness, or other person for filing a complaint,
			testifying, or assisting in any proceeding under
			chapter
			49.60 RCW;
(q) An order to institute affirmative
			programs, practices, or procedures that will eliminate an unfair practice or
			its effects, or will prevent the recurrence of the unfair practice;
(r) An order for any other remedy which is
			available under comparable civil rights laws of the United States or other
			states, including the federal Fair Housing Amendments Act of 1988,  42 U.S.C. sec. 3601  et seq.
This list is not exhaustive. An administrative law judge
			  may make any order that will effectuate the purposes of the law against
			  discrimination, provided the order is in compliance with the rules of the
			  commission and is not otherwise prohibited by law.