Seattle enacts first caste-based discrimination ban

The Seattle City Council became the first U.S. jurisdiction to identify caste as a protected class under its Human Rights Code on February 21, 2023, when it passed CB 120511, “An Ordinance Relating to Human Rights; Including Protections Against Discrimination Based on an Individual’s Caste.”

Facts

Caste—which the ordinance defines as “a system of rigid social stratification characterized by hereditary status, endogamy, and social barriers sanctioned by custom, law, or religion”—is no longer a legally permissible basis for discrimination, retaliation, or harassment in employment, housing, or public accommodation in Seattle.

Individuals who believe they have suffered discrimination, retaliation, harassment, or other unlawful treatment based on caste may file a charge with the Seattle Office for Civil Rights (SOCR), which is empowered to enforce the Human Rights Code and impose remedies including hiring, reinstatement, attorneys’ fees, damages for humiliation and mental suffering, and/or other remedies to effectuate the purposes of the code.

Part of growing movement

The Seattle City Council’s move comes amid a growing movement to adopt caste-based protections for employees. The movement received national attention in 2020 when 30 women of the Dalit caste—the lowest-ranking class in India—published a statement in the Washington Post about their experiences.