SB 5875 · School District Liability for Discrimination

Narrows school districts' liability under the Washington Law Against Discrimination by requiring proof of district negligence, shielding districts from automatic liability for employee misconduct.

The Washington Law Against Discrimination (WLAD) prohibits discrimination in public accommodations and educational settings. Under existing law, employers and institutions can bear vicarious liability for discriminatory acts by employees and agents. SB 5875 would create a special carve-out exclusively for school districts, establishing a higher bar for holding districts accountable when their employees discriminate against students.

SB 5875 amends WLAD to add a specific liability standard for school districts. It provides that a district is only liable for a discriminatory act or violation if the district itself committed a negligent act or omission that proximately caused the harm. This eliminates respondeat superior (automatic employer) liability for school districts — meaning a district cannot be held responsible solely because an employee discriminated, even if the district’s policies or culture enabled it. The bill would apply to all discrimination claims covered under WLAD, including race, disability, national origin, and LGBTQ+ status. It is in the Senate Law and Justice Committee with no further action recorded.

• The coalition is monitoring this bill with concern. Students who face discrimination — particularly students of color, students with disabilities, and LGBTQ+ students — are already disadvantaged in their ability to pursue legal remedies. Raising the bar for district liability would make it harder to hold institutions accountable.
• Discriminatory treatment in schools is a direct driver of the school-to-prison pipeline: students who are suspended, expelled, or pushed out for discriminatory reasons are substantially more likely to enter the justice system.
• The “negligence” standard the bill would impose requires proving not just that discrimination occurred, but that the district’s own actions were the proximate cause — a significantly higher and harder-to-prove burden than currently applies to other covered entities.
• Coalition members should contact the Senate Law and Justice Committee to express concern about this bill and to advocate for maintaining full WLAD protections in school settings.