Washington Administrative Code
Title 296 - Labor and Industries, Department of
Chapter 296-360 - Discrimination, pursuant to RCW 49.17.160
Section 296-360-090 - Unprotected activities distinguished

Universal Citation: WA Admin Code 296-360-090
Current through Register Vol. 24-06, March 15, 2024

If the employee's engagement in protected activities was a substantial factor in bringing about the employer's decision, RCW 49.17.160 has been violated. "Substantial factor" means a significant motivating factor in bringing about the employer's decision. "Substantial factor" does not mean the only factor or the main factor in the challenged act or decision. Ultimately, the issue as to whether an employee's engagement in protected activities was a substantial factor for the discharge or other adverse action is determined on the basis of the facts in the particular case.

Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), § 296-360-090, filed 7/20/94, effective 9/20/94. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 43.22 and 42.30 RCW. 80-17-015 (Order 80-21), § 296-360-090, filed 11/13/80.

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