Does your boss have sex with your coworkers? In Washington, you may have rights.
Under the Washington Law Against Discrimination (WLAD), employees are protected from a hostile work environment created by sexual harassment and sex discrimination, including situations where a supervisor engages in sexual relationships with multiple subordinates. The Washington Supreme Court has consistently interpreted the WLAD to offer broad protections, recognizing it as a public policy of the highest priority. This means that the WLAD often provides greater protections than federal anti-discrimination laws, particularly in cases involving workplace sexual harassment. Therefore, if a supervisor shows favoritism to multiple employees with whom they have had sexual relationships, then the supervisor creates a hostile work environment which signals to other employees that they are valued only for their sexuality. This type of behavior is actionable under the WLAD, as it constitutes discrimination in the terms and conditions of employment based on sex. Employers who allow or ignore this behavior not only create a toxic work environment but also expose themselves to significant legal liability under the WLAD.
Employees who endure such a hostile workplace can hold both the employer and the supervisor individually liable for their actions. Victims of workplace sexual harassment or sex discrimination under the WLAD are entitled to recover actual damages, which can include compensation for emotional distress and mental anguish, as well as attorney fees. The WLAD’s broad scope and strong protections ensure that employees have robust legal recourse when subjected to a hostile work environment due to sexual harassment.