Personal liability for sexual harassment stands at the forefront of employment law and the American political conscience. Title VII of the Civil Rights Act and the Washington Law Against Discrimination both enjoin employers from engaging in sexual harassment. The federal circuit courts have uniformly held that individual employees are exempt from personal liability for sexual harassment under Title VII because they do not fit the statutory definition of "employer." Washington courts have yet to address the issue under state law. This Comment argues that the correct interpretation of the Washington Law Against Discrimination bars individuals from personal liability for sexual harassment. Interpretations of analogous federal and state statutes coupled with Washington case law and statutory structure compel the conclusion that only employing entities, not individuals, may be liable for sexual harassment under the Washington Law Against Discrimination.
Darya V. Swingle,
Notes and Comments,
Personal Liability for Sexual Harassment under the Washington Law Against Discrimination,
74 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol74/iss2/9