Wash. Rev. Code » Title 49 · Chapter 49.60
Revised Code of Washington

Wash. Rev. Code § 49.60.205 (2026)

✓ current as of May 2026
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No person shall be considered to have committed an unfair practice on the basis of age discrimination unless the practice violates RCW 49.44.090. It is a defense to any complaint of an unfair practice of age discrimination that the practice does not violate RCW 49.44.090.
[ 1993 c 510 s 15; 1985 c 185 s 28.]

Notes:

Severability—1993 c 510: See note following RCW 49.60.010.
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1991–2023 · leading case: Kilian v. Atkinson, 50 P.3d 638 (Wash. 2002).
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Kilian v. Atkinson, 50 P.3d 638 (Wash. 2002). · cites it 9× “180 is further supported by the language in RCW 49.60.205, which provides that: No person shall be considered to have committed an unfair practice on the basis of age discrimination unless the practice violates RCW 49.”
Carle v. McChord Credit Union, 827 P.2d 1070 (Wash. Ct. App. 1992). · cites it 2× “Carle cross-appeals on the ground that the trial court improperly reduced her claim for attorney's fees and costs. Age Discrimination When an employer discharges an employee between the ages of 40 and 70 years because of age, the employer engages in an unfair practice.”
Pannell v. Food Servs. of Am., 810 P.2d 952 (Wash. Ct. App. 1991). “2 Friedrichsen apparently told Pannell, "When this is all said and done, I think some of you fellows will have a good discrimination suit, could have a discrimination suit on the company.”
Johnson v. Express Rent & Own, Inc., 56 P.3d 567 (Wash. Ct. App. 2002). “RCW 49.60.205; RCW 49.44.090. The court apparently assumed that an employer’s good faith but mistaken belief as to the factual basis for terminating an employee can amount to a pretext.”
Kilian v. Atkinson, 50 P.3d 638 (Wash. 2002). · cites it 9× “180 is further supported by the language in RCW 49.60.205, which provides that: No person shall be considered to have committed an unfair practice on the basis of age discrimination unless the practice violates RCW 49.”
Frank Williams, V. D.s.h.s., State Of Washington (Wash. Ct. App. 2023). “of Appellant at 25. DSHS responds to this argument as though Williams is making a separate claim against the trial court.”
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