Law Office of Robert D. Butler

Racial discrimination at work: Know your rights in Washington

2026-06-07T02:34:14Z

Race-based mistreatment at work affects thousands of employees every year. Washington state gives you some of the strongest legal protections in the country and knowing them can help you act with confidence.

What racial discrimination at work looks like

Discrimination is not always loud or obvious. It often shows up in patterns: who gets promoted, who gets passed over and how complaints are handled. Under Title VII of the Civil Rights Act of 1964 and Washington's Law Against Discrimination, employers cannot treat you differently based on race, color or national origin. The Washington Law Against Discrimination applies to employers with eight or more employees, a lower threshold than federal law. Common forms of racial discrimination include:

Hiring and pay: Being denied a job or paid less than peers in similar roles.
Promotions: Passed over repeatedly in favor of less-qualified colleagues.
Harassment: Racial slurs, offensive jokes or derogatory remarks about your background.
Disparate discipline: Being held to a stricter standard than coworkers of other races.

These actions are illegal whether they come from a supervisor, a coworker or even a client.

How to document and report what happened

Strong documentation can determine the outcome of a discrimination claim. Start a private record as soon as you notice a pattern. Your record should include:

Dates and times: Log each incident as soon as it happens.
Exact language: Write down what was said or done word for word.
Witnesses: Note who else was present.
Impact: Describe how the incident affected your work or well-being.

After you document, follow your company's internal complaint process. Keep copies of every written exchange.

Where to file a formal complaint

If your employer does not act or retaliates against you, you may file a charge with the U.S. Equal Employment Opportunity Commission. You must file within 180 days of the incident. Washington's Human Rights Commission handles state-level claims under the WLAD.

Next steps if you've experienced workplace discrimination

Racial discrimination cases can be difficult to navigate without legal guidance. An attorney can help you evaluate your documentation and understand your options. Speaking with an attorney may clarify how Washington and federal protections apply to your situation.

Can you sue the police for excessive force in Washington?

2026-03-12T00:08:45Z

Police encounters can escalate quickly. If an officer uses more force than the law allows, you may have the right to seek compensation.

Your right to sue under federal and state law

You can sue police for excessive force in Washington under federal law and state law. You may pursue damages when an officer violates your constitutional rights. Excessive force claims usually rely on the Fourth Amendment. It protects you from unreasonable searches and seizures. Courts focus on whether the force used was objectively unreasonable under the circumstances. Washington law also sets standards for police conduct. Under RCW 10.120.020, officers must use reasonable care and use the least amount of force necessary. Deadly force is limited to situations involving an immediate threat of serious injury or death.

What counts as excessive force?

Excessive force means more force than a reasonable officer would believe necessary. It does not have to involve a shooting. It does not require permanent injury. Courts may consider several factors:

Severity of the alleged crime: More serious offenses may justify greater force.
Immediate threat: Whether you posed a threat to officers or others.
Resistance or flight: Whether you resisted arrest or tried to flee.
Available alternatives: Whether de-escalation or lesser force was possible.

The focus is not on the officer’s intent. The question is what a reasonable officer at the scene would have done.

Who can be held responsible?

You may have claims against more than one party. Depending on the facts, a lawsuit could include:

The individual officer: For directly using unreasonable force.
A supervisor: In limited cases involving oversight failures.
A city or county: If a policy or custom caused the violation.

Claims against a municipality are often called Monell claims. You must show that a policy or lack of training was the moving force behind the harm.

You may speak with an attorney about your options

Excessive force cases are complex and fact specific. Officers often raise qualified immunity as a defense. Strict filing deadlines also apply. An experienced attorney can review body camera footage, police reports and medical records. They can assess whether your rights may have been violated under federal or Washington law. Getting clear guidance early may help you protect your rights and understand the next steps available to you.

Washington sentencing alternatives beyond jail

2025-12-22T13:58:20Z

Washington offers several sentencing alternatives that give people a real chance to rebuild their lives. Many individuals who enter the criminal justice system struggle with untreated addiction or mental health conditions, and national studies consistently show that jail alone often makes these problems worse. In Washington, treatment, structure and steady support can help people break harmful habits and move forward.

Types of sentencing alternatives in Washington

Before pursuing a sentencing alternative, it helps to know how each program works. In Washington, these alternatives aim to address the reasons behind a person’s actions, rather than punish them. The most common options include:

Drug offender sentencing alternative (DOSA): Replaces part of a prison sentence with treatment, community counseling and close supervision to support recovery.
Family and offender sentencing alternative (FOSA): Allows eligible parents to serve part of their sentence in the community while supporting sobriety, family stability and safe parenting.
Mental Health Sentencing Alternative (MHSA): Provides structured treatment and regular court reviews for people whose charges stem from untreated mental illness.
Special Sex Offender Sentencing Alternative (SSOSA): Emphasizes long-term treatment and strict supervision instead of extended prison time in eligible cases.

These programs give many people their first real chance to deal with addiction, mental illness or other struggles that led to their charges. Participants often leave with more support, clearer goals and better tools for daily life. Families may face less stress, and children can remain in safe and stable homes.

How courts decide eligibility

Courts look at several factors when reviewing eligibility for sentencing alternatives. They examine the charge, the person’s history and the person’s willingness to take part in treatment. Some violent offenses or certain sex offenses may make a person ineligible for these programs. Still, many people qualify, including people who never thought they would face criminal charges. For someone new to the system, a sentencing alternative can give them a strong chance to start over.

Rebuilding a future after a charge

Facing criminal charges can feel overwhelming. Learning about Washington’s sentencing alternatives can make the process easier to understand. These programs offer structure, treatment and steady guidance that help people stay stable and avoid future problems.

If questions or complications come up, legal guidance can help you understand your choices and the steps ahead. Careful and informed steps can help an accused person work toward a better outcome.

While charges are pending, beware AI and social media

2025-06-20T04:32:05Z

If you’re facing criminal charges, your words and actions matter more than ever—and that includes everything you say online. In today’s world, where artificial intelligence tools and social media platforms are constantly analyzing and collecting data, a single post or message can result in serious consequences. As a result, while your charges are still pending, it’s important to understand how AI and social media can be used against you. The bottom line is that anything you post online—photos, videos, comments or even “likes”—can potentially be accessed by law enforcement or prosecutors. AI tools now make it easier than ever to comb through large volumes of digital content, flagging material that might be relevant to a case. For example, if you’re accused of assault and you’ve shared aggressive content, commented on a related event or made jokes online, AI can help prosecutors find those details quickly and use them to build a narrative around your character or intent. Even seemingly unrelated content can be taken out of context. A meme you repost, a sarcastic tweet or a conversation in a group chat might seem harmless to you, but when reviewed through the lens of a pending charge, it could appear incriminating. AI systems are designed to find patterns, connections and context—and they don’t always get it right. But that doesn’t stop opposing counsel from using AI-generated insights to try to cast doubt on your credibility. Private messaging apps aren’t safe either. Some AI tools can analyze metadata or reconstruct deleted communications if they were backed up elsewhere. If you discuss your case with friends, vent frustrations or speculate about outcomes in private chats, those messages could become part of the investigation if devices are searched or accounts subpoenaed.

What can you do?

For these reasons and more, it’s important to limit your digital footprint while your case is ongoing. Avoid posting on social media entirely, and don’t use AI chatbots or public forums to ask for legal guidance. These platforms do not protect your privacy, and any information you share may not be confidential. Instead, direct all questions and concerns to your attorney, who is legally obligated to act in your best interest and keep your communications private. It’s also wise to review and tighten your privacy settings. Disable location sharing, limit who can view your posts and refrain from engaging in heated online exchanges. If others tag you in posts or comment about your situation, ask them to remove the content immediately. In short, while your charges are pending, treat AI and social media as tools that can work against you—not for you. The best protection is staying quiet online, avoiding digital oversharing and working closely with a skilled defense attorney. Your freedom and your future may depend on it.

3 strategies for limiting the consequences of a criminal charge

2025-10-09T13:20:01Z

It is common for those facing legal issues to panic. They don't know much about the criminal justice system and worry about the worst possible outcome of their criminal charges. Some people make the mistake of quickly pleading guilty in the hopes of avoiding a trial and other challenges. That decision saddles the defendant with a lifetime criminal record and leaves them at the mercy of the courts regarding their sentencing. Those accused of breaking the law have several options available to them that can help them reduce the risks they face. What strategies can help those concerned about the potential long-term impacts of pending criminal charges?

Negotiating a plea bargain

Instead of entering a guilty plea, retaining the services of a defense attorney can be a better option. A lawyer can negotiate with the prosecutor's office to arrange for a plea deal. Such arrangements are quite common. Pleas bargaining often involves the state making certain concessions in return for a defendant entering a guilty plea and not taking the case to trial. A prosecutor might agree to reduce the charges or to eliminate certain penalties. They can also limit what information they provide to the courts when filing the charges against the defendant.

Excluding certain evidence

Maybe a police officer failed to provide a defendant with the Miranda warning before questioning them after arrest. Perhaps an illegal traffic stop and inappropriate vehicle search led to an arrest. In situations where police officers or investigators violated the law or the rights of a defendant, a defense attorney can leverage that misconduct in court. It is sometimes possible to exclude ill-gotten evidence from criminal proceedings. The elimination of evidence may result in the dismissal of charges or may create a clear path for a straightforward defense strategy.

Countering the state's claims

When a criminal case goes to trial, a defense attorney can help the defendant respond to the state's allegations. The lawyer can bring in expert witnesses who can provide an alternate explanation or show how the state may have mishandled evidence. They can propose an alternate suspect or help clarify the defendant's alibi. They could even establish an affirmative defense by claiming that duress, temporary insanity or self-defense mitigate the criminality of the defendant's conduct. It is possible in many situations for defendants to avoid convictions and the worst penalties possible. Reviewing the state's claims and evidence with a skilled legal team can help people effectively respond to pending criminal charges.

How employer misclassification harms the worker involved

2024-12-26T22:35:09Z

Taking a job as an independent contractor may not seem like an issue initially. Many people are eager to secure new opportunities, even if they are not direct employees. The misclassification of workers as independent contractors has become a somewhat common business practice. Organizations trying to bypass labor laws may have workers sign contracts that identify them as independent contractors instead of employees. People who have been wrongly forced to classify themselves as independent contractors may not realize the risk involved in doing so until something goes wrong. When companies treat workers like employees but classify them as independent contractors, the workers may not receive appropriate wages. They also may not have the full workplace protections that they deserve. How can employer misclassification affect workers?

Lost income

One of the most significant issues generated by this classification is inappropriately low wages. Workers may not receive the pay that they deserve based on the time they work. Independent contractors generally do not receive overtime wages because they set their own schedules. They also do not have minimum wage protection. Companies may pay workers so little that they ultimately earn less than minimum wage or may demand that they work 50 hours or more per week without overtime pay. Workers misclassified by their employers may be able to seek double damages for the wages they didn't receive.

Insufficient protection

There are numerous workplace protections that apply to employees but not independent contractors. Independent contractors are typically not eligible for unemployment benefits if they lose their jobs. They also do not receive workers' compensation coverage if they get hurt on the job. Finally, they do not receive employer contributions towards employment taxes. Instead, they must pay all of the relevant taxes on their own behalf. Workers have to save some of their income to pay their income taxes. After their first year working as independent contractors, they also have to submit quarterly estimated tax payments or risk penalties when they file their annual tax returns. Filing a lawsuit and proving that an employer misclassified a worker may help the worker connect with benefits they otherwise would not have received and pursue the wages that they deserve. Workers who recognize how misclassification makes them vulnerable may understand why taking legal action can be an appropriate response to illegal company practices.

Injury isn’t necessary for Washington assault charges

2024-09-19T20:11:41Z

Some people in Washington have an inaccurate idea about what constitutes assault. They may assume that assault charges are possible in scenarios where one person causes physical injuries to another. Therefore, if a confrontation or other altercation does not result in noticeable injury, they may assume they can use that fact as part of a defense strategy. An absence of lasting injuries does not automatically mean that an assault did not occur. While certain types of assault charges typically require substantial bodily injury, lasting physical harm is not necessary for the state to justify prosecuting someone for assault. In cases where the allegedly wronged party walked away from an incident without any major injuries, prosecutors can still potentially bring charges against those involved in the incident.

Causing harm isn't just about injury

Washington assault statutes go into great detail about a variety of different scenarios that can warrant different degrees of charges. Situations involving grievous bodily injury or deadly weapons tend to produce the most significant charges and put people at risk of the most severe penalties. However, injuries aren't technically necessary for state prosecutors to justify assault charges. Physical contact intended to offend someone can be sufficient reason to charge an individual with assault. If other reasonable people find the physical contact offensive, it may be grounds for assault charges. If one person touches another in a way intended to humiliate them or violate the precepts of their religion, that behavior could constitute assault. Someone engaging in unwanted intimate touching or other forms of offensive physical contact can face assault charges even though their actions did not cause physical harm. The justification for the assault charges an individual faces influences the way their lawyer chooses to defend them in court. It may be possible to provide an alternate explanation for seemingly offensive behavior or raise questions about the identity of the person who committed the assault. Learning about state law and reviewing the prosecutor's evidence with a skilled legal team can be beneficial for those accused of assault offenses in Washington. State laws protect people from inappropriate and offensive physical contact, not just attempts to cause significant physical injury.

Why is the U.S. incarceration system problematic?

2025-02-19T07:19:59Z

People who are facing criminal charges in the United States know that incarceration is one of the possible sentences they will face in the event of a conviction. Placing someone in prison doesn’t allow them to benefit from rehabilitation opportunities, and some prisons don’t provide any rehabilitative services. Instead, individuals are placed behind bars and put to work without any opportunity to better themselves. Conversely, some other options like drug court, enable defendants to remain under the watchful eye of the criminal justice system while receiving the help they need to become a productive member of society.

U.S is number 1 in the world for the number of prison inmates

While the U.S. ranks fifth in the world with an incarceration rate of 531, it has the highest number of incarcerated individuals. There are approximately 1,767,200 individuals who are incarcerated in this country. That accounts for around 25% of the entire world’s prison population. The prison population in the U.S. grew considerable from the 1970s. In 1972, there were only around 200,000 people in prison. Shortly after, in 1984, the first private prison opened. And, more and more prisons have switched the private model. This makes incarcerating individuals a profitable sentence.

Alternative to prisons have a reduced recidivism rate

There are many alternatives to prison. These include probation, treatment courts and therapeutic courts. All of these options are typically cheaper for taxpayers. This makes some wonder why they aren’t used more often. The answer likely ties back to the privatized prison system, which can benefit from higher rates of recidivism. The National Institute of Justice’s Multisite Adult Drug Court Evaluation found that treatment courts were associated with a recidivism rate of around 40%. That’s considerably lower than the 53% in the comparison group that didn’t participate in a treatment court. With the success rate of therapeutic courts, they should likely be the go-to sentence in many cases. Some defendants may have to apply to join these programs when they begin the criminal justice process. Seeking the assistance of a legal representative may open the door for them to go through a therapeutic court instead of being incarcerated.

Can alcohol use affect one’s defense response to assault charges?

2024-03-22T18:49:40Z

Washington state criminalizes most acts of intentional interpersonal violence. Someone who gets into a fistfight at a bar, concert or party could face arrest and prosecution. Those who injure others or even cause imminent fear of bodily harm sometimes face assault charges. The other party may file a police report, or the state could become involved due to reports made by witnesses or even those operating businesses. Police officers can arrest someone days after an incident took place or in the middle of an altercation. Many people accused of assault panic and plead guilty instead of trying to fight their charges. Assault charges may lead to criminal penalties and a violent criminal record. Employers, landlords and educational institutions might deny someone opportunities because of a prior violent offense. Sometimes, the person accused of assault may maintain their innocence in the hopes of successfully fighting their pending charges. Some defendants seek to prove that their actions did not technically violate the law. Can someone use alcohol impairment or other forms of inebriation as part of a defense strategy when facing assault charges?

Intoxication does not and personal responsibility

Alcohol is frequently a factor in criminal incidents involving violence, but intoxication generally does not protect someone from prosecution. Anyone who has consumed too much alcohol at least once in their life knows how drinking can impair judgment and alter conduct. People who make the decision to ingest large quantities of alcohol or other mind-altering substances put themselves at risk of making impaired decisions while under the influence. They are still legally responsible for what they do after drinking even if they consume so much that they cannot make rational choices. Washington does not allow someone to argue their innocence during a criminal trial based on claims of voluntary intoxication. People who choose to drink are legally responsible for what they do while under the influence, even if they would never act that way while sober. However, those drugged by others could use involuntary intoxication as part of a defense strategy. There are many other potential defense strategies, ranging from claims that someone acted in self-defense to questioning whether the defendant was the person involved in an altercation. Reviewing the state's evidence with a skilled criminal defense attorney can help those accused of violent crimes plan for trial. Defendants familiar with the law and the evidence may have a better chance of prevailing in criminal court.

What factors are considered during sentencing?

2025-02-19T07:19:55Z

In criminal justice, the sentencing phase is a critical point where various factors determine the appropriate penalty for a convicted individual. This phase, often filled with complexities, aims to balance the scales of justice by considering many elements.

Sentencing guidelines play a primary role. These guidelines are a framework developed to ensure consistency and fairness in sentencing. They provide judges with a range of recommended sentences for specific offenses. The guidelines are designed to promote uniformity in sentencing and reduce the likelihood of extreme disparities in penalties for similar offenses.

Defendant’s criminal history

One of the primary factors considered is the defendant's criminal history. This aspect of the sentencing process serves as a lens through which the court views the individual's behavior. A defendant with a history of prior offenses may face a harsher sentence than a first-time offender. A repeat offender is often perceived as someone who hasn’t learned from past mistakes, which warrants a stricter sentence as both a punishment and a deterrent.

Victim impact

Another critical factor is the impact on victims. The sentencing phase often considers how the crime has affected the victims. This includes not only physical harm but also psychological and emotional trauma, financial loss and overall disruption to the victims' lives.

Alternative sentence availability

Alternative penalties, such as community service, probation or rehabilitation programs, are sometimes considered. This is especially true in cases where incarceration may not be the most effective or necessary course of action. These alternatives are often explored in cases involving non-violent crimes or first-time offenders because the goal might be more focused on rehabilitation and preventing recidivism rather than solely on punishment.

Defense strategies can sometimes play a role in how a sentence is handled. For example, if the defendant shows remorse, that may factor into the sentence. Taking the time to tailor a defense strategy to address the desire for sentence mitigation might be valuable for some individuals. Working with someone who understands the ins and outs of these matters is beneficial.