On February 21, 2023, Seattle, WA became the first U.S. jurisdiction to add caste to its list of categories protected against discrimination. This law defines “caste” as a social structure mostly associated with South Asian communities, many of whom live and work in Seattle. While the law directly impacts employment practices in Seattle only, employers outside Seattle with large South Asian populations among their workforces should take note, because other jurisdictions may follow Seattle’s lead and enact their own laws prohibiting caste discrimination, and plaintiffs may attempt to bring caste discrimination claims under existing protected categories such as race and ancestry.

On February 21, 2023, the City of Seattle, Washington became the first U.S. city – or any U.S. jurisdiction for that matter – to add caste to its list¹ of categories protected against discrimination. As described below, this law will directly impact Seattle employers, but may also have an indirect impact on other employers, especially those with large contingents of workers of South Asian heritage.

What Is “Caste”?

The “Seattle Law” defines “caste” as “a system of rigid social stratification characterized by hereditary status, endogamy, and social barriers sanctioned by custom, law, or religion.”² It quotes a United Nations Special Rapporteur’s statement that the caste system is “primarily associated with the South Asia region, where its existence is linked to the religiously sanctioned...

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