Background:

Privilege.

A variety of privilege statutes protect certain communications from disclosure during all stages of litigation. Evidence Rule 501 includes a nonexclusive list of privileges, including the physician-patient privilege found in RCW 5.60.060 and the psychologist-client privilege found in RCW 18.83.110.

The statutory physician-patient privilege provides that a physician shall not, without the consent of his or her patient, be examined in a civil action as to any information acquired in attending such patient which was necessary to enable him or her to prescribe or act for the patient, except:

in proceedings regarding a child's injury, neglect, or sexual abuse; and
90 days after filing an action for personal injury or wrongful death, a claimant is deemed to waive the privilege. Waiver for any one physician constitutes a waiver as to all physicians or conditions, subject to court imposed limitations.

The psychologist-client privilege provides that confidential communications between a client and a psychologist shall be privileged against compulsory disclosure to the same extent and subject to the same conditions as confidential communications between attorney and client. The attorney-client privilege, in turn, provides that an attorney shall not, without the consent of the client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment.

Both the physician-patient and psychologist-client privileges are subject to some limitations in the context of involuntary commitment proceedings.

Washington Law Against Discrimination.

The Washington Law Against Discrimination (WLAD) recognizes the right to be free from discrimination because of race, creed, color, national origin, sex, honorably discharged veteran or military status, sexual orientation, 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. This right includes:

the right to obtain and hold employment without discrimination;
the right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;
the right to engage in real estate transactions without discrimination, including discrimination against families with children;
the right to engage in credit transactions without discrimination;
the right to engage in insurance transactions or transactions with health maintenance organizations without discrimination;
the right to engage in commerce free from any discriminatory boycotts or blacklists; and
the right of a mother to breastfeed her child in any place of public resort, accommodation, assemblage, or amusement.

In the event a WLAD complaint is filed, the Human Rights Commission (HRC) must investigate and issue written findings of fact as well as a finding as to whether there is or is not reasonable cause to believe that an unfair practice has been or is being committed. Upon a finding of reasonable cause, the HRC staff must endeavor to eliminate the unfair practice by conference, conciliation, and persuasion. If an agreement is reached, the HRC issues an order setting forth the terms of the agreement. If no agreement is reached, the HRC requests the appointment of an administrative law judge (ALJ) to hear the complaint. An ALJ is empowered to: award damages (in the case of damages for humiliation and mental suffering, damages are limited to $20,000); require that wrongful conduct cease and desist; and order affirmative action so as to effectuate the purposes of the law. There is a right of judicial review from the ALJ's final order.

In addition, rather than go through the HRC complaint process, a person may instead pursue arbitration, with the cost of arbitration shared equally. A person deeming himself or herself injured may also file a civil suit against the alleged wrongdoer. Available relief includes an injunction against further violations, the recovery of actual damages, and reasonable attorneys' fees.

Damages.

Economic and noneconomic damages are defined in statute as follows:

"Economic damages" means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities.
"Noneconomic damages" means subjective, nonmonetary losses, including, but not limited to pain, suffering, inconvenience, mental anguish, disability or disfigurement incurred by the injured party, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation, and destruction of the parent-child relationship.

Economic damages are sometimes referred to as special damages, and noneconomic damages as general damages.

Summary of Bill:

By requesting noneconomic damages under the Washington Law Against Discrimination, a claimant does not place his or her health at issue or waive any health care privilege under RCW 5.60.060 (physician-patient) or RCW 18.83.110 (psychologist-client) or any other law, unless the claimant:

alleges a specific diagnosable physical or psychiatric injury as a proximate result of the respondents' conduct;
relies on the records or testimony of a health care provider or expert witness to seek general damages; or
alleges failure to accommodate a disability or alleges discrimination on the basis of a disability.

Any waiver under items one through three above is limited to health care records and communication between a claimant and his or her provider(s):

created and occurring in the period beginning two years before the first alleged unlawful act for which damages are sought, and ending at the last date for which damages are sought (unless the court finds exceptional circumstances and orders that the waiver applies to a longer time period); and
relating specifically to the diagnosable injury, to the health care provider on whom relied, or to the disability at issue in the allegation.