Legal Question in Discrimination Law in Washington

Sexual Harassment

Can a counselor (of any type)ask their client if they are gay? In this particular case, the sexuality of the client does not matter. The client was very uncomfortable with this question and questioned the counselor as to the relevance of the question.


Asked on 4/11/01, 11:52 pm

1 Answer from Attorneys

David Black HR Juris, PC

Re: Sexual Harassment

If the counselor is asking the question in order to render professional advice to the client, then it is most likely not barred by civil rights and non-discrimination law. There may be some professional code of conduct or ethics that applies, but those topics are beyond the scope of my expertise.

If the counselor does not wish to serve homosexuals because of a personal bias then it may depend on the location where the service was to be rendered. The state statute, the Washington Law Against Discrimination ("WLAD"), and the federal counterparts (Title VII and 42 USC 1981 apply all over the state and to more than employment conduct. However, the statutes do not prohibit discrimination on the basis of sexual orientation.

Some local ordinances do bar sexual orientation discrimination broadly, though, e.g., Spokane, Seattle, but I am not sure whether they apply to the rendition of service or solely to employment actions.

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Answered on 6/09/01, 3:31 am


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