Know Your Rights in Public Spaces and Places of Business

You have the right to use businesses, public places, and government services that are open to everyone without being discriminated against because you belong to a protected class. When businesses and other places of public accommodation discriminate against people because of their race, creed, color, national origin, citizenship or immigration status, sex, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, they violate the Washington Law Against Discrimination and the Washington Consumer Protection Act, chapter 19.86 RCW, which prohibits unfair or deceptive acts and practices that occur in trade or commerce, including discrimination.

What is a Place of Public Accommodation?

A “place of public accommodation” includes any place that is open for public use, including all places where goods, merchandise or services are sold. Government offices and service providers are also places of public accommodation under Washington law. Some examples of places of public accommodations are: schools, courthouses, stores, restaurants, health facilities, theaters, parks, pools, and public libraries. In these places, it is against the law to discriminate against a person based on their membership in a protected class.

As places of public accommodation, government offices must be accessible to the public. The spaces must be physically accessible (e.g. ramps for wheelchairs to access a school facility) and the services must also be accessible (e.g. government forms being available in languages other than English).

Immigration

Discrimination based on a person’s national origin, citizenship or immigration status is prohibited in Washington, except for distinction or differential treatment that is authorized by federal or state law, regulation, or government contract.

The Keep Washington Working Act (KWW) prohibits state and certain local agencies from using resources–including property and personnel–to investigate, enforce, cooperate with, or assist in the investigation or enforcement of laws that target Washington residents solely on the basis of race, religion, immigration, or citizenship status, or national or ethnic origin. Under most circumstances, KWW limits state and local law enforcement participation in enforcing federal immigration law, recognizing that a person’s immigration status, presence in the country, or employment alone is not a matter for state or local police action. RCW 10.93.160. Public schools, health facilities, and courthouses must also have policies to ensure they remain safe and accessible to all Washingtonians.

Learn more about Keep Washington Working and Know Your Rights involving civil immigration enforcement.

Your Consumer Rights 

When visiting places of public accommodation, all customers have equal rights in that space. Any act by a business or place of public accommodation that makes distinctions or restrictions on a protected group is unlawful discrimination. Examples of such illegal practices might be a business that refuses to serve members of a certain religion or a business that charges higher prices to customers who were born outside the United States.

Financial and Credit Transactions

State and federal laws prohibit lenders, including banks and credit unions, from using a person’s membership in a protected class as a factor when extending credit.

The law also prohibits discrimination in all credit transactions, including loans or retail installment transactions, such as for a car, electronics, appliances, or other large purchases. 

For example, lenders cannot:

• Deny credit to any person because of their membership in a protected class;
• Increase the charges or fees for, or collateral required, before the lender will extend credit to a member of a protected group; or
• Restrict the amount or use of credit available to members of a protected class. An example of this might be setting a maximum loan amount that single parents may borrow.

Insurance & Healthcare

Under Washington law, an insurance company, insurance producer, health maintenance organization (HMO), or health care service contractor may not refuse, fail to renew, cancel, or impose different rates, terms, or conditions because the insured person is a member of a protected class. RCW 49.60.178.

For example:

• An employee benefit plan must provide dependent coverage to same-sex spouses when that coverage is provided to all other spouses, subject to limited exemptions.
• Insurance companies cannot alter someone’s insurance coverage or deny their claim because they are a victim of domestic abuse.
• Travel insurance companies cannot discriminate against people with disabilities by selling insurance policies that contain coverage exclusions for trip interruptions or cancellations caused by mental health- related events.
• An HMO may not discriminate based on place of residence, socioeconomic status, or status as a recipient of Medicare.
• An insurer cannot discriminate because of a person’s inability to read, write, or speak English; because a person has contacted the Insurance Commissioner; or because a loss was a result of a hate crime.
• Insurance companies may not deny or limit coverage for gender affirming treatment when that health care is prescribed to an individual because of, related to, or consistent with their gender expression or identity that is medically necessary, and is prescribed in accordance with accepted standards of care. Further, health care carriers cannot apply categorical or blanket exclusions to gender affirming treatment.
• Insurers are limited in how they may use credit history in underwriting insurance and setting rates, and generally must show actual statistical differences in risk or exposure to justify the different treatment. For example, a life insurance company may charge an older person a higher premium than a younger person because statistically the insurance company carries more risk when insuring an older person.

There are federal laws that also apply to health care benefits. For example, if benefits are provided through an employer funded plan, the employer cannot discriminate in how benefits are given based on an employee’s membership in a protected class.

What can you do if someone discriminates against you as a consumer?

1. File a complaint with the Attorney General’s Office. The Attorney General’s Office enforces the Consumer Protection Act to stop unfair and deceptive practices that target Washington consumers. The Office files legal actions to stop unfair practices, operates an informal mediation program to resolve individual consumer problems, and provides information and resources to businesses and the public on consumer issues. You can file a complaint here. You can also call the Consumer Resource Center with questions at (800) 551- 4636 (in Washington) or (206) 464-6684.
2. File a complaint with the Washington State Human Rights Commission.  Importantly, you must file a complaint regarding discrimination in a place of public accommodation within 6 months from the date that the discriminatory action happened. The Human Rights Commission has no jurisdiction over employers with fewer than eight employees, Native American tribes, the federal government, or certain religious schools or employers. Visit: https://wahum.my.site.com/FileaComplaintOnline/s/?language=en_US. You can also contact the Human Rights Commission by phone at (800) 233-3247 or (360) 753-6770.
3. Contact the Office of the Insurance Commissioner. If your complaint involves insurance, you can contact the Office of the Insurance Commissioner via phone at (800) 562- 6900 or file a complaint through their website at www.insurance.wa.gov/file-complaint-or-check-your-complaint-status.
4. Consult a lawyer. You always have the right to consult a lawyer to talk about your situation, including the possibility of pursuing a private lawsuit to address the discrimination. All lawyers licensed to practice in Washington State are included in the Washington State Bar Association’s Legal Directory, which can be searched from its homepage at www.wsba.org. Additional resources for you to connect with and find an attorney are provided at www.wsba.org/for-the-public/find-legal-help.