Washington Return to Office Mandate 2026
⚠️Informational only — not legal or tax advice.
Last Updated: December 2025
Applicable Period: 2026 and current employment regulations
Key Characteristic: No statewide private sector return to office mandate — at-will employment framework with anti-discrimination protections in Washington
Table of Contents
Introduction
Washington’s return to office landscape primarily involves private sector employer policies operating under the state’s at-will employment framework. As of December 2025, Washington State has not enacted specific legislation governing return to office mandates for private employers. Federal employees in Washington were affected by federal executive orders in early 2025, and some local governments, including the City of Seattle, have implemented return to office policies for their own employees, but no statewide mandate applies to private sector workplaces.
This guide compiles official information published by the Washington State Human Rights Commission, Washington State Department of Labor & Industries, and other government agencies regarding employment rights, accommodation processes, and anti-discrimination protections that apply when employers implement return to office policies.
Last updated: December 21, 2025
Sources: Washington State Legislature, Washington State Human Rights Commission, Washington State Department of Labor & Industries, U.S. Equal Employment Opportunity Commission
Applicable Legal Framework - Washington
1.1 At-Will Employment Doctrine
Washington has been an at-will employment state since at least 1928. According to Washington courts:
“An employer can discharge an at-will employee for no cause, good cause or even cause morally wrong without fear of liability.”
Source: Ford v. Trendwest Resorts, Inc., 146 Wn.2d 146, 152, 43 P.3d 1223 (Wash. 2002)
Washington state is an at-will employment state, which means that either the employer or employee may terminate an employment relationship at any time, with or without providing a reason, absent an employment contract specifying terms of employment termination.
Source: Washington State Department of Labor & Industries
Available at: https://www.lni.wa.gov/workers-rights/workplace-policies/termination-retaliation
Last accessed: December 2025
Important Exceptions to At-Will Employment:
According to legal precedent and statutes, Washington’s at-will employment doctrine has three main categories of exceptions:
1. Statutory Exceptions:
Both Congress and the Washington State Legislature have modified the employment at-will doctrine by limiting employers’ rights to discharge employees, including:
- National Labor Relations Act, 29 U.S.C. § 158(a)(1)
- Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1)
- Chapter 49.60 RCW (Washington Law Against Discrimination)
- Chapter 49.12 RCW (prohibiting discharge for testifying in labor investigations)
- RCW 49.44.090 (prohibiting discharge for being age 40 and over)
Source: Ford v. Trendwest Resorts, Inc., 146 Wn.2d at 153
2. Public Policy Exception:
Washington courts have recognized a narrow public-policy exception to an employer’s right to discharge an employee. Under this exception, an employer does not have the right to discharge an employee when the termination would frustrate a clear manifestation of public policy.
Source: Ford v. Trendwest Resorts, Inc., 146 Wn.2d at 154
Public policy exceptions generally apply in four situations:
- Where employees are fired for refusing to commit an illegal act
- Where employees are fired for performing a public duty or obligation (such as serving jury duty)
- Where employees are fired for exercising a legal right
- Where employees are fired for whistleblowing
Source: Dicomes v. State, 113 Wn. 2d 612, 618, 782 P.2d 1002 (1989)
3. Contractual Exceptions:
Employers and employees can contractually modify the at-will employment relationship through:
- Collective bargaining agreements
- Individual employment contracts
- Employee manuals or handbooks creating promises of continued employment
Source: Ford v. Trendwest Resorts, Inc., 146 Wn.2d at 154
1.2 Absence of State-Specific RTO Legislation
No Statewide Return to Office Mandate
As of December 21, 2025, the Washington State Legislature has not enacted specific statutes or executive orders governing return to office mandates for private sector employers.
Search conducted: Washington State Legislature website
Date: December 2025
Available at: https://app.leg.wa.gov/
Search terms: “return to office,” “remote work mandate,” “telework requirements”
Result: No relevant private sector legislation identified
Federal and Local Government Employees:
While no statewide private sector mandate exists, certain government employees have been subject to return to office requirements:
Federal Employees: In January 2025, federal executive orders required federal employees to return to office full-time, affecting approximately 178,000 federal workers in Washington State, including approximately 17,000 who worked from home at least some of the time.
Source: Axios Seattle, January 27, 2025
Available at: https://www.axios.com/local/seattle/2025/01/27/washington-state-federal-workers-return-to-office-trump
City of Seattle Employees: Mayor Bruce Harrell announced in August 2024 that City of Seattle executive branch employees would be required to report to their worksite in-person three days a week starting November 4, 2024.
Source: City of Seattle Office of the Mayor
Published: August 5, 2024
Available at: https://harrell.seattle.gov/2024/08/05/king-county-and-sound-transit-join-mayor-harrell-in-announcing-return-to-office-policy-changes/
General Employment Framework for Private Employers:
Private sector employers in Washington operate under the at-will employment framework subject to:
- Anti-discrimination laws (Chapter 49.60 RCW)
- Disability accommodation requirements (RCW 49.60.180, ADA)
- Contract obligations
- Collective bargaining agreements
- Public policy protections
Competent Government Agencies
2.1 Washington State Human Rights Commission (WSHRC)
The Washington State Human Rights Commission enforces the Washington Law Against Discrimination (Chapter 49.60 RCW).
Olympia Headquarters:
- Address: 711 S. Capitol Way, Suite 402, Olympia, WA 98501
- Telephone: (800) 233-3247
- TTY: 7-1-1 (available for accessibility)
- Email: frontdesk@hum.wa.gov
- Website: https://www.hum.wa.gov/
- Lobby Hours: Monday-Friday, 8:00 AM to 3:30 PM
- Online Portal: https://www.hum.wa.gov/file-complaint
Spokane District Office:
- Address: 1330 N. Washington St., Suite 2460, Spokane, WA 99201
- Lobby Hours: Monday-Friday, 8:00 AM to 5:00 PM
Yakima District Office:
- Address: 1205 Ahtanum Ridge Dr., Suite C, Union Gap, WA 98903
E. Wenatchee District Office:
- Address: 519 Grant Rd, East Wenatchee, WA 98802
Function: Enforces Washington Law Against Discrimination; investigates and resolves discrimination complaints in employment, housing, public accommodations, credit, and insurance transactions
Language Services: Language interpreter service is available to callers
Filing Deadlines: Employment discrimination complaints must be filed within 6 months (180 days) of the alleged discriminatory act
Source: Washington State Human Rights Commission
Available at: https://www.hum.wa.gov/about-us
2.2 Washington State Department of Labor & Industries (L&I)
Headquarters – Tumwater:
- Address: 7273 Linderson Way SW, Tumwater, WA 98501-5414
- Mailing Address: P.O. Box 44000, Olympia, WA 98504-4000
- Telephone: (360) 902-5800
- Fax: (360) 902-5708
- Website: https://www.lni.wa.gov/
- Hours: Monday-Friday, 8:00 AM to 5:00 PM
Function: Administers and enforces Washington State labor laws including:
- Washington State Minimum Wage Act
- Paid Sick and Safe Leave (Initiative 1433)
- Washington Industrial Safety and Health Act (WISHA)
- Workers’ compensation
- Workplace safety and health standards
Publications on RTO: L&I has published guidance on telework and remote work policies for state agencies but does not have specific return to office mandates for private employers.
Source: Washington State Department of Labor & Industries
Available at: https://www.lni.wa.gov/
2.3 U.S. Equal Employment Opportunity Commission (EEOC) – Seattle Field Office
The EEOC Seattle Field Office serves Washington State.
Seattle Field Office:
- Address: 909 First Avenue, Suite 400, Seattle, WA 98104
- Telephone: 1-800-669-4000
- TTY: 1-800-669-6820
- Videophone (for Deaf/Hard of Hearing): 1-844-234-5122
- Website: https://www.eeoc.gov/field-office/seattle/location
- Online Public Portal: https://publicportal.eeoc.gov/
Office Hours: Monday-Friday, 9:00 AM to 4:00 PM
Services:
- Appointment scheduling (telephone, video, or in-person) through online portal
- Walk-in intake hours: Monday, Tuesday, Thursday, Friday from 9:00 AM to 12:00 PM (noon)
- Scheduling an appointment is strongly recommended; individuals with appointments receive priority
Function: Enforces federal employment discrimination laws including:
- Title VII of the Civil Rights Act of 1964
- Americans with Disabilities Act (ADA)
- Age Discrimination in Employment Act (ADEA)
- Equal Pay Act
- Genetic Information Nondiscrimination Act (GINA)
Filing Deadline: 300 days from the date of alleged discrimination in Washington (due to worksharing agreement with WSHRC)
Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/field-office/seattle/location
Applicable Statutes - Compilation
3.1 Washington State Anti-Discrimination Laws
| Law | Reference | Protected Classes | Official Source |
|---|---|---|---|
| Washington Law Against Discrimination (WLAD) | Chapter 49.60 RCW | Race, creed, color, national origin, citizenship/immigration status, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, sensory/mental/physical disability, use of trained dog guide or service animal | https://app.leg.wa.gov/rcw/default.aspx?cite=49.60 |
| Americans with Disabilities Act (ADA) | 42 U.S.C. § 12101 et seq. | Disability | https://www.ada.gov/ |
| Age Discrimination in Employment Act (ADEA) | 29 U.S.C. § 621 et seq. | Age (40 and over) | https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967 |
| Title VII of the Civil Rights Act | 42 U.S.C. § 2000e et seq. | Race, color, religion, sex, national origin | https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 |
3.2 Key Washington State Statute Sections
LAW: Washington Law Against Discrimination
REFERENCE: Chapter 49.60 RCW
ENACTED: 1949 (as Washington State Board Against Discrimination Act)
COMMISSION RENAMED: 1971 (to Washington State Human Rights Commission)
LAST AMENDED: Multiple amendments through 2020 (citizenship/immigration status added)
FULL TEXT: https://app.leg.wa.gov/rcw/default.aspx?cite=49.60
ENFORCEMENT AGENCY: Washington State Human Rights Commission
KEY PROVISIONS:
RCW 49.60.010 – Purpose of chapter:
“This chapter shall be known as the ‘law against discrimination.’ It is an exercise of the police power of the state for the protection of the public welfare, health, and peace of the people of this state, and in fulfillment of the provisions of the Constitution of this state concerning civil rights.
The legislature hereby finds and declares that practices of discrimination against any of its inhabitants because of race, creed, color, national origin, citizenship or immigration status, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, 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 are a matter of state concern, that such discrimination threatens not only the rights and proper privileges of its inhabitants but menaces the institutions and foundation of a free democratic state.”
Source: RCW 49.60.010
Available at: https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.010
RCW 49.60.180 – Unfair practices of employers:
“(1) It is an unfair practice for any employer:
(a) To refuse to hire any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, 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, unless based upon a bona fide occupational qualification…
(b) To discharge or bar any person from employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, 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.
(c) To discriminate against any person in compensation or in other terms or conditions of employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, 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…”
Source: RCW 49.60.180
Available at: https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.180
RCW 49.60.210 – Retaliation prohibited:
“(1) It is an unfair practice for any employer, employment agency, labor union, or other person to discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden by this chapter, or because he or she has filed a charge, testified, or assisted in any proceeding under this chapter.”
Source: RCW 49.60.210
Available at: https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.210
RCW 49.60.040 – Definitions:
Defines protected classes including:
(27) “Race” is inclusive of traits historically associated or perceived to be associated with race including, but not limited to, hair texture and protective hairstyles. For purposes of this subsection, “protective hairstyles” includes, but is not limited to, such hairstyles as afros, braids, locks, and twists.
Source: RCW 49.60.040
Available at: https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.040
Amendment: HB 2602 (2020)
3.3 Employer Coverage Requirements
Washington Law Against Discrimination (WLAD):
- Applies to employers with 8 or more employees
- Does not include religious organizations not organized for private profit
Source: Washington State Human Rights Commission
Available at: https://www.hum.wa.gov/employment
Americans with Disabilities Act (ADA):
- Applies to employers with 15 or more employees
Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/employers/small-business/3-who-covered-title-i-ada
Age Discrimination in Employment Act (ADEA):
- Applies to employers with 20 or more employees
Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/age-discrimination
Reasonable Accommodations - Official Framework
4.1 Washington State Law Requirements
Washington Law Against Discrimination – Disability Accommodation:
According to RCW 49.60.180:
“It is an unfair practice for any employer:
…(2) To fail or refuse to make reasonable accommodation for an employee’s sensory, mental, or physical disability or the employee’s use of a trained dog guide or service animal, unless the employer can demonstrate that the accommodation would impose an undue hardship on the conduct of the employer’s business.”
Source: RCW 49.60.180(2)
Available at: https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.180
Employer Coverage:
- WLAD applies to employers with 8 or more employees
- Federal ADA applies to employers with 15 or more employees
- Smaller employers (1-7 employees) may still have accommodation obligations under common law
Definition of Disability:
Under Washington law, disability includes:
“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.”
Source: RCW 49.60.040
Available at: https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.040
Reasonable Accommodation May Include:
According to Washington State Human Rights Commission guidance, reasonable accommodation in employment may include:
- Job restructuring
- Modified work schedules
- Flexible work arrangements
- Telework or remote work arrangements
- Reassignment to a vacant position
- Acquisition or modification of equipment or devices
- Provision of qualified readers or interpreters
- Other modifications or adjustments to the work environment
Source: Washington State Human Rights Commission
Available at: https://www.hum.wa.gov/employment
Undue Hardship:
An employer is not required to provide an accommodation if it would impose an undue hardship on the operation of the business. Factors in determining undue hardship include:
- Nature and cost of the accommodation
- Overall financial resources of the facility and employer
- Impact on operation of the facility
- Number of employees and effect on resources
Source: ADA regulations, applicable to Washington employers
Available at: https://www.ada.gov/
4.2 Interactive Process
Requirement:
According to the Americans with Disabilities Act and Washington employment practices, employers must engage in an interactive process with employees requesting reasonable accommodations.
Interactive Process Steps:
STEP 1: Employee Requests Accommodation
An employee notifies the employer of the need for an adjustment or change at work for a medical reason. The request does not need to use specific language or be in writing, though written requests are recommended for documentation.
STEP 2: Employer Initiates Interactive Process
The employer should:
- Acknowledge receipt of the request promptly
- Ask for clarification if the disability or need for accommodation is not obvious
- Request medical documentation if necessary
- Discuss possible accommodations with the employee
STEP 3: Employer Reviews Medical Documentation
If medical documentation is requested, the employer may ask for:
- Nature of the disability
- Functional limitations
- Need for specific accommodation
- Duration of need
The employer generally cannot ask for complete medical records or diagnosis details beyond what is necessary to evaluate the accommodation request.
STEP 4: Determine Effective Accommodation
Employer and employee work together to identify:
- Effective accommodations that address the limitation
- Whether proposed accommodations would impose undue hardship
- Alternative accommodations if first choice is not feasible
STEP 5: Implementation and Follow-Up
- Implement the chosen accommodation
- Monitor effectiveness
- Make adjustments as needed
- Document the process
Source: Based on EEOC guidance and ADA requirements
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
Washington-Specific Considerations:
Washington State Human Rights Commission expects employers to engage in good faith interactive process. Failure to engage in the interactive process may itself constitute discrimination even if a reasonable accommodation exists.
Source: Washington State Human Rights Commission enforcement practices
4.3 Remote Work as Reasonable Accommodation
Federal Guidance:
According to EEOC guidance, telework or remote work may be a form of reasonable accommodation under certain circumstances.
“An employee with a disability that requires him to work from home may be entitled to work at home as a reasonable accommodation unless the employer can show that it would cause an undue hardship.”
Source: EEOC Work at Home/Telework as a Reasonable Accommodation
Available at: https://www.eeoc.gov/laws/guidance/work-hometelework-reasonable-accommodation
Relevant Considerations:
When evaluating remote work as an accommodation:
- Whether the essential functions of the position can be performed remotely
- Whether the employee has successfully performed the job remotely in the past (e.g., during COVID-19)
- Whether other employees in the same or similar positions work remotely
- Technology and resources available to support remote work
- Whether in-person interaction is truly essential to the role
Not Automatic:
Remote work is not automatically required as an accommodation. Employers may demonstrate that:
- Physical presence is an essential function of the job
- Remote work would impose undue hardship
- The position requires in-person collaboration, supervision, or access to equipment
4.4 Official Forms and Resources
Washington State Human Rights Commission:
Complaint forms available at: https://www.hum.wa.gov/file-complaint
U.S. Equal Employment Opportunity Commission:
- ADA Information: https://www.eeoc.gov/laws/guidance/ada-your-employment-rights-individual-disability
- Reasonable Accommodation Guidance: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
- Public Portal for Filing Charges: https://publicportal.eeoc.gov/
Washington State Department of Labor & Industries:
General employment information: https://www.lni.wa.gov/workers-rights/
Note: Neither WSHRC nor L&I provides standardized accommodation request forms. Employees may submit written requests using their own format or through employer-provided forms.
Official Complaint Process
5.1 Washington State Human Rights Commission (WSHRC)
CRITICAL FILING DEADLINE:
6 months (180 days) from the date of the alleged discriminatory act
Source: RCW 49.60.230
Available at: https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.230
Complaint Must Be Signed:
Complaints must be signed by the complainant or submitted through the online portal to be accepted.
How to File:
1. Online Portal (Recommended):
- Website: https://www.hum.wa.gov/file-complaint
- Portal: https://publicportal.hum.wa.gov/ (if available)
- Process: Complete intake questionnaire online
2. By Phone:
- Phone: (800) 233-3247
- Hours: Monday-Friday, 8:00 AM to 3:30 PM (varies by office)
- TTY: 7-1-1
- Language interpreter service available
3. By Email:
- Email: frontdesk@hum.wa.gov
- Send signed and completed complaint form as attachment
4. By Fax:
- Fax: (360) 586-2282
- Ensure all double-sided pages are scanned
5. By Mail:Washington State Human Rights Commission
711 S. Capitol Way, Suite 402
Olympia, WA 98501
6. In Person:
- Visit any WSHRC office during lobby hours
- Olympia: Monday-Friday, 8:00 AM to 3:30 PM
- Spokane: Monday-Friday, 8:00 AM to 5:00 PM
Official WSHRC Complaint Process:
Step 1: Intake
- Complete intake call or in-person interview
- Determine whether WSHRC has jurisdiction
- Complete intake questionnaire
- Must be received within 6 months of alleged discriminatory action
Step 2: Formal Charge
- Complainant may receive a written charge to sign and return to WSHRC
- Complaint is assigned to an investigator
Step 3: Respondent Response
- Employer receives copy of charge
- Employer has 15 days to send written response
- Employer must provide position on alleged unfair action(s)
- Provide relevant documentation
- Provide witness names and contact information
Step 4: Investigation
- WSHRC is a neutral fact-finder
- Investigator gathers evidence to determine reasonable cause
- May interview witnesses
- May review documents and records
- WSHRC encourages alternate dispute resolution/mediation
Step 5: Determination
- Complainant must provide information showing prima facie case of discrimination
- Respondent can provide non-discriminatory reasons
- WSHRC determines whether reasonable cause exists to believe violation occurred
Step 6: Resolution
- If reasonable cause found: WSHRC aims to resolve through mediation or administrative hearing
- If no reasonable cause: Case dismissed
- Appeals process available
Timeline:
Investigation period varies; WSHRC currently has a several-month backlog of cases waiting to be assigned to investigators.
Source: Washington State Human Rights Commission
Available at: https://www.hum.wa.gov/employment
Last updated: December 2025
Contact Information:
Washington State Human Rights Commission
Olympia Headquarters:
711 S. Capitol Way, Suite 402
Olympia, WA 98501
Phone: (800) 233-3247
TTY: 7-1-1
Email: frontdesk@hum.wa.gov
Website: https://www.hum.wa.gov/
Lobby Hours: Monday-Friday, 8:00 AM to 3:30 PM
Spokane District Office:
1330 N. Washington St., Suite 2460
Spokane, WA 99201
Lobby Hours: Monday-Friday, 8:00 AM to 5:00 PM
Yakima District Office:
1205 Ahtanum Ridge Dr., Suite C
Union Gap, WA 98903
E. Wenatchee District Office:
519 Grant Rd
East Wenatchee, WA 98802
5.2 U.S. Equal Employment Opportunity Commission (EEOC)
CRITICAL FILING DEADLINE:
300 days from the date of alleged discrimination
Note: Washington has a worksharing agreement with the EEOC. Filing with one agency often constitutes filing with both (dual-filing).
Source: EEOC Filing a Charge
Available at: https://www.eeoc.gov/filing-charge-discrimination
Dual-Filing Agreement:
Yes, Washington State has a worksharing agreement with the EEOC. When you file a charge with WSHRC, it may be automatically dual-filed with the EEOC, and vice versa.
How to File with EEOC:
1. Online Public Portal (Recommended):
- Website: https://publicportal.eeoc.gov/
- Create account and file online
- Can schedule telephone or video interview
- Available 24/7
2. By Phone:
- Phone: 1-800-669-4000
- TTY: 1-800-669-6820
- Videophone (Deaf/Hard of Hearing): 1-844-234-5122
- Schedule intake appointment
3. In Person:
- Visit Seattle Field Office during business hours
- Appointment strongly recommended
- Walk-in hours available but appointments receive priority
EEOC Seattle Field Office:
U.S. Equal Employment Opportunity Commission
Seattle Field Office
909 First Avenue, Suite 400
Seattle, WA 98104
Phone: 1-800-669-4000
Local: (206) 220-6884 (for interviews)
TTY: 1-800-669-6820
Videophone: 1-844-234-5122
Office Hours: Monday-Friday, 9:00 AM to 4:00 PM
Walk-In Intake Hours:
Monday, Tuesday, Thursday, Friday: 9:00 AM to 12:00 PM (noon)
(Appointments receive priority)
Website: https://www.eeoc.gov/field-office/seattle/location
Online Portal: https://publicportal.eeoc.gov/
EEOC Process:
Step 1: Pre-Charge Interview
- Schedule appointment through online portal or by phone
- Interview may be conducted by telephone, video, or in-person
- EEOC representative will discuss your situation and rights
Step 2: Charge Filing
- If appropriate, EEOC will prepare formal charge
- Complainant must sign the charge
- Charge must allege violation of federal anti-discrimination law
Step 3: Charge Notification
- Employer (respondent) is notified of charge within 10 days
- Employer may be asked to respond with position statement
Step 4: Mediation (Optional)
- EEOC may offer mediation
- Voluntary and confidential
- Free service
Step 5: Investigation
- If mediation not successful or not elected, investigation proceeds
- EEOC gathers evidence from both parties
- May conduct witness interviews and site visits
Step 6: Determination
- EEOC determines whether reasonable cause exists
- If reasonable cause: EEOC attempts conciliation
- If no reasonable cause: Notice of right to sue issued
Step 7: Litigation or Right to Sue
- If conciliation fails: EEOC may file lawsuit OR issue right to sue letter
- Charging party has 90 days from receipt of right to sue to file lawsuit
Timeline:
EEOC investigations typically take several months to over a year depending on case complexity.
Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/federal-sector/filing-formal-discrimination-complaint
Important Notes:
- There are strict deadlines for filing charges
- Filing with WSHRC may automatically constitute filing with EEOC due to worksharing agreement
- You can file with both agencies to preserve all rights
- Consult with an attorney about your specific deadline situation
Published Official Documents
6.1 State-Specific Guidance Documents
Washington State Office of Financial Management – Telework Guidance:
DOCUMENT: Employee Space Use Guidance for Reentering the Workplace
PUBLISHED BY: Washington State Office of Financial Management
DATE: 2020-2021 (COVID-19 guidance)
SUMMARY: Guidance for state agencies on telework and office space planning
LINK: https://ofm.wa.gov/ (general guidance)
NOTE: Primarily applies to state government employees, not private sector
Municipal Research and Services Center (MRSC) – Telecommuting Resources:
DOCUMENT: Telecommuting and Remote Work
PUBLISHED BY: MRSC (resource for local governments)
DATE: Updated periodically
SUMMARY: Information on local government telecommuting, telework, and remote work policies in Washington State, including out-of-state remote work guidance
LINK: https://mrsc.org/explore-topics/personnel/policies/telecommuting
FORMAT: HTML
AUDIENCE: Primarily local government employers
Example Local Government Telework Policies:
According to MRSC, local governments in Washington State have adopted various telework policies:
- Bothell Telecommuting Policy (2021) – Sets out eligibility requirements, responsibilities, and regulations
- Duvall Telecommuting Policy and Request Form (2020) – Encourages use of telecommuting to attract and retain diverse workforce
Source: MRSC Telecommuting and Remote Work
Available at: https://mrsc.org/explore-topics/personnel/policies/telecommuting
6.2 Federal Guidance
U.S. Office of Personnel Management (OPM):
DOCUMENT: Telework Guide
PUBLISHED BY: U.S. Office of Personnel Management
SUMMARY: Federal telework policies and best practices
LINK: https://www.opm.gov/
AUDIENCE: Federal agencies (may provide examples for private employers)
Telework Enhancement Act:
LAW: Public Law 111-292
ENACTED: December 9, 2010
SUMMARY: Requires federal executive agencies to establish policies authorizing eligible employees to telework
LINK: https://www.opm.gov/policy-data-oversight/telework-and-alternative-work-schedules/
APPLICABILITY: Federal agencies only
6.3 City of Seattle Return to Office Announcement
DOCUMENT: King County and Sound Transit Join Mayor Harrell in Announcing Return to Office Policy Changes
PUBLISHED BY: City of Seattle, Office of the Mayor
DATE: August 5, 2024
SUMMARY: Announcement that City of Seattle executive branch employees would be expected to be in-person three days a week starting November 4, 2024
LINK: https://harrell.seattle.gov/2024/08/05/king-county-and-sound-transit-join-mayor-harrell-in-announcing-return-to-office-policy-changes/
FORMAT: Press release/announcement
APPLICABILITY: City of Seattle employees only
KEY POINTS:
- Three days per week in-person requirement
- Effective November 4, 2024
- Approximately 13,300 City executive branch employees affected
- Not applicable to private sector employers
6.4 Federal Executive Orders on RTO (2025)
DOCUMENT: Federal Employee Return to Office Executive Order
ISSUED BY: President Donald Trump
DATE: January 2025
SUMMARY: Required federal employees to return to office full-time, affecting approximately 178,000 federal workers in Washington State
APPLICABILITY: Federal government employees only
NOT APPLICABLE TO: Private sector employers or state/local government employees
Source: News reports, January 2025
Note: Private sector employers are not subject to federal executive orders regarding federal employees
Absence of Specific Private Sector RTO Legislation
Legislative Research Results
As of December 21, 2025, searches of the Washington State Legislature website reveal:
No specific statutes enacted governing return to office mandates for private sector employers.
Search conducted:
- Website: https://app.leg.wa.gov/
- Date: December 2025
- Search terms: “return to office”, “remote work mandate”, “telework requirements”, “work from home”
- Session: 2024-2025 and prior
Result: No relevant private sector return to office legislation identified
General Employment Framework Applies:
In the absence of specific RTO legislation, Washington private sector employers operate under:
- At-will employment (with exceptions as noted in Section 1.1)
- Anti-discrimination laws (Chapter 49.60 RCW, Title VII, ADA, ADEA)
- Accommodation requirements (RCW 49.60.180, ADA)
- Anti-retaliation protections (RCW 49.60.210)
- Contract and collective bargaining obligations
- Public policy protections
Employer Discretion:
Private employers in Washington generally have discretion to:
- Require employees to work in-office full-time, part-time, or not at all
- Change remote work policies (subject to contract obligations)
- Set workplace location requirements
Employer Limitations:
Employers cannot:
- Discriminate based on protected characteristics when implementing RTO policies
- Fail to provide reasonable accommodations for disabilities
- Retaliate against employees for exercising protected rights
- Violate employment contracts or collective bargaining agreements
- Act in ways that violate public policy
Resources & Contacts
9.1 Government Agency Directory
Washington State Human Rights Commission
The Washington State Human Rights Commission enforces the Washington Law Against Discrimination and investigates discrimination complaints in employment, housing, and public accommodations.
- Official Website: https://www.hum.wa.gov/
- Telephone: (800) 233-3247
- TTY/Accessibility: 7-1-1
- Primary Function: Enforces WLAD; investigates discrimination complaints in employment, housing, public accommodations
Washington Department of Labor & Industries
The Department of Labor & Industries administers wage laws, workplace safety standards, and workers’ compensation programs.
- Official Website: https://www.lni.wa.gov/
- Telephone: (360) 902-5800
- TTY/Accessibility: Available
- Primary Function: Administers wage laws, workplace safety, workers’ compensation
U.S. Equal Employment Opportunity Commission – Seattle Field Office
The EEOC Seattle Field Office enforces federal employment discrimination laws for all of Washington State.
- Official Website: https://www.eeoc.gov/field-office/seattle/location
- Telephone: 1-800-669-4000
- TTY: 1-800-669-6820
- Primary Function: Enforces federal employment discrimination laws including Title VII, ADA, ADEA
Washington State Legislature
The Washington State Legislature website is the official repository of Washington statutes, bills, and legislative information.
- Official Website: https://app.leg.wa.gov/
- Telephone: N/A (online resource)
- Primary Function: Official repository of Washington statutes and bills; bill tracking and legislative research
Washington Attorney General’s Office
The Attorney General’s Office provides legal representation for state agencies and consumer protection services.
- Official Website: https://www.atg.wa.gov/
- Telephone: (360) 753-6200
- TTY: (800) 833-6388
- Primary Function: Legal representation; consumer protection
Washington Employment Security Department
The Employment Security Department administers unemployment insurance and paid family and medical leave programs.
- Official Website: https://esd.wa.gov/
- Telephone: (833) 572-8400
- TTY: (833) 572-8400
- Primary Function: Unemployment insurance, paid family leave
9.2 Key Publications and Legal Resources
Washington State Statutes:
- Washington Law Against Discrimination: Chapter 49.60 RCW
Available at: https://app.leg.wa.gov/rcw/default.aspx?cite=49.60 - Washington Labor Regulations: Title 49 RCW
Available at: https://app.leg.wa.gov/rcw/default.aspx?Cite=49 - Washington Administrative Code – Human Rights Commission: WAC Chapter 162
Available at: https://apps.leg.wa.gov/wac/default.aspx?cite=162
Federal Resources:
- Americans with Disabilities Act (ADA):
Available at: https://www.ada.gov/ - EEOC Laws and Guidance:
Available at: https://www.eeoc.gov/laws/guidance/ - Title VII of Civil Rights Act:
Available at: https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 - Age Discrimination in Employment Act:
Available at: https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967
Washington State Resources:
- MRSC – Municipal Research and Services Center:
Telecommuting and Remote Work Resources
Available at: https://mrsc.org/explore-topics/personnel/policies/telecommuting - MRSC – Employment Discrimination:
Available at: https://mrsc.org/explore-topics/personnel/rights/employment-discrimination - MRSC – Employee Terminations:
Available at: https://mrsc.org/explore-topics/personnel/ending-employment/employee-terminations
9.3 Complaint Filing Resources
Washington State Human Rights Commission:
Online Complaint Portal:
- Website: https://www.hum.wa.gov/file-complaint
- Downloadable forms available for employment, housing, and public accommodation complaints
Contact Methods:
- Phone: (800) 233-3247
- Email: frontdesk@hum.wa.gov
- Fax: (360) 586-2282
- Mail: 711 S. Capitol Way, Suite 402, Olympia, WA 98501
U.S. Equal Employment Opportunity Commission:
Online Public Portal:
- Website: https://publicportal.eeoc.gov/
- Schedule appointments (phone, video, or in-person)
- File charges online
- Check status of existing charges
Seattle Field Office:
- Phone: 1-800-669-4000
- Address: 909 First Avenue, Suite 400, Seattle, WA 98104
- Hours: Monday-Friday, 9:00 AM to 4:00 PM
9.4 Legal Assistance Resources
For legal representation (not just information):
Washington State Bar Association:
- Website: https://www.wsba.org/
- Lawyer Referral Service: (206) 623-2551 or 1-800-945-WSBA (9722)
- Find a Lawyer: https://www.wsba.org/for-the-public/find-legal-help
Legal Aid Organizations:
Northwest Justice Project:
- Statewide CLEAR Hotline: 1-888-201-1014
- Website: https://nwjustice.org/
- Services: Free civil legal assistance for low-income Washington residents
- Online Resources: https://www.washingtonlawhelp.org/
Columbia Legal Services:
- Phone: 1-888-201-1014 (CLEAR hotline)
- Website: https://columbialegal.org/
- Services: Free legal services for low-income individuals
Seattle Office for Civil Rights:
- Phone: (206) 684-4500
- Website: https://www.seattle.gov/civilrights
- Services: Investigates discrimination complaints in Seattle (city ordinance violations)
Tacoma Human Rights & Human Services:
- Website: Contact City of Tacoma
- Services: Local human rights enforcement
King County Office of Civil Rights:
- Website: King County government resources
- Services: County-level civil rights enforcement
For advice on your specific situation, consult a licensed Washington employment attorney.
9.5 Additional Resources
Workers’ Rights Information:
Washington State Department of Labor & Industries:
- Workers’ Rights Portal: https://www.lni.wa.gov/workers-rights/
- Topics: Workplace rights, wage laws, termination, retaliation, safety
- Phone: (360) 902-5800
Seattle Office of Labor Standards:
- Phone: (206) 256-5297
- Email: laborstandards@seattle.gov
- Website: https://www.seattle.gov/laborstandards
- Services: Enforces Seattle labor standards ordinances
Disability Rights Washington:
- Phone: 1-800-562-2702
- Website: https://www.disabilityrightswa.org/
- Services: Advocacy and legal services for people with disabilities
Washington Law Help:
- Website: https://www.washingtonlawhelp.org/
- Services: Free legal information and forms on civil legal issues
- Topics: Employment, housing, family law, consumer issues
Frequently Asked Questions - RTO mandate Washington
What is Washington’s return to office mandate?
Washington State has no statewide return to office mandate for private sector employers. As of December 2025, the Washington State Legislature has not enacted specific legislation governing return to office requirements for private companies.
Federal employees in Washington were subject to federal return to office orders in January 2025, and some local governments (such as the City of Seattle) have implemented return to office policies for their own employees, but these do not apply to private sector workers.
Source: Washington State Legislature
Available at: https://app.leg.wa.gov/
Does Washington’s RTO policy apply to private employers?
No. Washington State has no RTO mandate or policy that applies to private sector employers. Private employers operate under Washington’s at-will employment framework and are not required by state law to allow remote work or to bring employees back to the office.
Private employers have discretion to set their own workplace location policies, subject to:
- Anti-discrimination laws
- Reasonable accommodation requirements
- Employment contracts
- Collective bargaining agreements
- Public policy protections
Source: Washington employment law framework
Legal basis: At-will employment doctrine, Chapter 49.60 RCW
Can my employer force me back to the office in Washington?
Generally, yes. Washington is an at-will employment state, which means employers can change workplace policies, including requiring employees to return to the office, unless:
- You have an employment contract specifying remote work rights
- You are covered by a collective bargaining agreement protecting remote work
- You qualify for reasonable accommodation due to a disability
- The requirement violates anti-discrimination laws
- The change violates public policy
Exceptions requiring employer consideration:
- Disability accommodation: If you have a disability that necessitates remote work, you may request reasonable accommodation under the ADA and WLAD
- Protected characteristics: Employers cannot implement RTO policies that discriminate based on race, sex, disability, age, or other protected classes
- Retaliation: Employers cannot require return to office as retaliation for protected activities
What to do if required to return:
- Review your employment contract and any company policies
- If you have a disability, consider requesting reasonable accommodation
- Consult with an employment attorney about your specific situation
Source: Washington State Department of Labor & Industries
Available at: https://www.lni.wa.gov/workers-rights/workplace-policies/termination-retaliation
What are my accommodation rights under Washington law?
Under the Washington Law Against Discrimination (WLAD) and the Americans with Disabilities Act (ADA), employees with disabilities have the right to request reasonable accommodations.
Who is covered:
- WLAD: Employers with 8 or more employees
- ADA: Employers with 15 or more employees
What accommodations may include:
- Modified work schedules
- Flexible work arrangements (potentially including remote work)
- Job restructuring
- Reassignment to vacant positions
- Modifications to the work environment
- Other adjustments that enable you to perform essential job functions
Process:
- Notify your employer of your need for accommodation
- Provide medical documentation if requested
- Engage in interactive process with employer
- Work together to identify effective accommodation
Employer obligations:
- Engage in good faith interactive process
- Provide reasonable accommodation unless it causes undue hardship
- Not discriminate or retaliate against employees requesting accommodation
Source: RCW 49.60.180, Washington State Human Rights Commission
Available at: https://www.hum.wa.gov/employment
How do I file a discrimination complaint in Washington?
Washington State Human Rights Commission (WSHRC):
Deadline: 6 months (180 days) from discriminatory act
How to file:
- Online: https://www.hum.wa.gov/file-complaint
- Phone: (800) 233-3247
- Email: frontdesk@hum.wa.gov
- Mail: 711 S. Capitol Way, Suite 402, Olympia, WA 98501
What to expect:
- Intake interview
- Investigation (several months)
- Determination of reasonable cause
- Possible mediation or hearing
Contact: Washington State Human Rights Commission
Phone: (800) 233-3247
Website: https://www.hum.wa.gov/
U.S. Equal Employment Opportunity Commission (EEOC):
Deadline: 300 days from discriminatory act
How to file:
- Online Portal: https://publicportal.eeoc.gov/
- Phone: 1-800-669-4000
- In person: 909 First Avenue, Suite 400, Seattle, WA 98104
Note: Washington has a worksharing agreement with EEOC – filing with one agency may constitute filing with both.
Contact: EEOC Seattle Field Office
Phone: 1-800-669-4000
Website: https://www.eeoc.gov/field-office/seattle/location
Can I request remote work as a reasonable accommodation?
Yes, you may request remote work as a reasonable accommodation if you have a disability that necessitates working from home.
Considerations:
- Whether you can perform essential job functions remotely
- Whether you successfully worked remotely in the past (e.g., during COVID-19)
- Technology and resources available
- Whether physical presence is essential to the position
Not automatic: Employers may deny remote work accommodation if:
- In-person presence is an essential function of the job
- Remote work would cause undue hardship
- The position requires in-person interaction, supervision, or equipment access
Process:
- Submit accommodation request to your employer
- Provide medical documentation supporting need for remote work
- Engage in interactive process
- Employer evaluates whether remote work is reasonable accommodation
Source: EEOC Work at Home/Telework as Reasonable Accommodation
Available at: https://www.eeoc.gov/laws/guidance/work-hometelework-reasonable-accommodation
What is Washington’s Law Against Discrimination (WLAD)?
The Washington Law Against Discrimination (WLAD), Chapter 49.60 RCW, is Washington State’s primary anti-discrimination law, established in 1949.
Protected classes under WLAD:
- Race (including hair texture and protective hairstyles)
- Creed/religion
- Color
- National origin
- Citizenship or immigration status
- Families with children
- Sex
- Marital status
- Sexual orientation
- Age
- Honorably discharged veteran or military status
- Sensory, mental, or physical disability
- Use of trained dog guide or service animal
Coverage:
- Employers with 8 or more employees
- Employment, housing, public accommodations, credit, insurance
Enforcement:
- Washington State Human Rights Commission
Filing deadline:
- 6 months from discriminatory act
Source: RCW 49.60, Washington State Human Rights Commission
Available at: https://app.leg.wa.gov/rcw/default.aspx?cite=49.60
Where do I file an EEOC complaint in Washington?
File with the EEOC Seattle Field Office, which serves all of Washington State.
Contact Information:
U.S. Equal Employment Opportunity Commission
Seattle Field Office
909 First Avenue, Suite 400
Seattle, WA 98104
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Videophone: 1-844-234-5122
Office Hours: Monday-Friday, 9:00 AM to 4:00 PM
How to file:
- Online Portal (Recommended): https://publicportal.eeoc.gov/
- By Phone: Call 1-800-669-4000 to schedule appointment
- In Person: Walk-in intake Monday, Tuesday, Thursday, Friday, 9:00 AM – 12:00 PM (appointments receive priority)
Deadline: 300 days from discriminatory act in Washington
Source: EEOC Seattle Field Office
Available at: https://www.eeoc.gov/field-office/seattle/location
What is at-will employment in Washington?
At-will employment means either the employer or employee can terminate the employment relationship at any time, with or without cause, and with or without notice.
According to Washington courts:
“An employer can discharge an at-will employee for no cause, good cause or even cause morally wrong without fear of liability.”
Exceptions:
- Statutory protections: Anti-discrimination laws, whistleblower protections, wage laws
- Public policy: Cannot fire for refusing illegal acts, performing public duties, exercising legal rights
- Contracts: Employment contracts, collective bargaining agreements, employee handbooks may limit at-will employment
How this affects RTO:
- Employers can generally require return to office
- Employers can change remote work policies
- Employees can resign if they disagree with RTO requirements
Employer cannot:
- Discriminate based on protected characteristics
- Retaliate for protected activities
- Violate contractual obligations
- Violate public policy
Source: Ford v. Trendwest Resorts, Inc., 146 Wn.2d 146
Department: Washington State Department of Labor & Industries
Available at: https://www.lni.wa.gov/workers-rights/workplace-policies/termination-retaliation
Are there pending RTO bills in the Washington Legislature?
As of December 21, 2025, no specific return to office bills for private sector employers have been identified in the Washington State Legislature.
How to monitor:
Washington State Legislature Bill Search:
- Website: https://app.leg.wa.gov/
- Search terms: “return to office”, “remote work”, “telework”
- Current session: 2025 Legislative Session
Governor’s Executive Orders:
- Website: https://www.governor.wa.gov/
- Filter: Employment, Labor, Workforce
For updates, check:
- Legislature website regularly
- Washington State Human Rights Commission news
- Department of Labor & Industries updates
Note: While no private sector RTO legislation is pending, employment laws are updated regularly. Consult official government sources for the most current information.
How does Washington regulate remote work?
Washington State does not have specific statewide regulations mandating or prohibiting remote work for private sector employers.
Current regulatory framework:
For employers:
- Discretion to allow, require, or prohibit remote work
- Must comply with anti-discrimination laws (WLAD, federal laws)
- Must provide reasonable accommodations for disabilities
- Must honor employment contracts and collective bargaining agreements
- Subject to wage and hour laws (minimum wage applies regardless of work location)
- May have workers’ compensation considerations
For employees:
- No statutory right to remote work
- May request accommodation if disability necessitates remote work
- Protected from discrimination and retaliation
- Subject to employer policies
Out-of-state remote work:
Washington State Office of Financial Management has published guidance for state employees working remotely from other states, addressing:
- Tax implications
- Benefits considerations
- Legal requirements in other jurisdictions
Source: MRSC – Telecommuting and Remote Work
Available at: https://mrsc.org/explore-topics/personnel/policies/telecommuting
Bottom line: Private employers have flexibility to set remote work policies within legal constraints of anti-discrimination and accommodation laws.
Can my employer eliminate remote work if I’ve been working from home since COVID-19?
Generally yes, unless you have contractual protections or qualify for accommodation.
Employer discretion:
- Most Washington employees are at-will
- Employers can change policies, including remote work arrangements
- COVID-19 emergency policies were typically temporary
Exceptions:
1. Employment Contract: If your contract specifies remote work as a term of employment, employer may be in breach if they eliminate it without agreement.
2. Collective Bargaining Agreement: Union contracts may include remote work provisions that employers must honor.
3. Reasonable Accommodation: If you have a disability requiring remote work, you may request it as reasonable accommodation even if general remote work policy ends.
4. Promissory Estoppel: In rare cases, if employer made specific promises about remote work that you relied on to your detriment, you may have claim.
What to do:
- Review your employment contract and company policies
- Check if you’re covered by collective bargaining agreement
- If you have disability, request reasonable accommodation
- Consult employment attorney about your specific situation
Cannot be discriminatory: Employers cannot selectively require return to office based on race, sex, age, disability, or other protected characteristics.
Source: Washington at-will employment law, RCW 49.60