reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › V - ADMINISTRATIVE HEARINGS BEFORE AN ADMINISTRATIVE LAW JUDGE › Section 162-08-263 - Discovery - Administrative hearing

Current through Register Vol. 24-14, July 15, 2024
The commission has determined that discovery will be
			  available in adjudicative proceedings in accordance with
			  RCW
			     34.05.446(2).
(1)
Methods.
Upon certification
			of the file pursuant to WAC
			162-08-190, and request for the
			appointment of an administrative law judge pursuant to WAC
			162-08-211, any party may obtain
			discovery by the methods provided in CR 26(a). The procedures regarding these
			methods of discovery are found at CR 28 through 37 as now or hereafter amended
			and are hereby incorporated in this section.
(2)
Scope of discovery.
Any
			party may obtain discovery regarding any matter not privileged which is
			relevant to the amended complaint prepared by counsel for the commission or the
			additional charges filed by the complainant pursuant to WAC
			162-08-261.
(3)
Protective order.
Rulings on
			motions for protective orders regarding discovery brought under this section
			shall be made by the administrative law judge pursuant to the provisions of WAC
			162-08-271.
(4)
Order compelling discovery.
The administrative law judge is authorized to make any order that a
			court could make under CR 37(a), including an order awarding expenses of the
			motion to compel discovery. Motions for an order compelling discovery and the
			procedure for its disposition are governed by WAC
			162-08-271.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-263, filed 11/7/89,
				effective 12/8/89.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › V - ADMINISTRATIVE HEARINGS BEFORE AN ADMINISTRATIVE LAW JUDGE › Section 162-08-265 - Amendment of pleadings

Current through Register Vol. 24-14, July 15, 2024
(1)
Right to amend.
A party to an administrative hearing may amend a
			pleading once as a matter of course at any time more than twenty days before
			the date set for hearing. Otherwise, a party may amend a pleading only by leave
			of the administrative law judge or by written consent of all adverse
			parties.
(2)
Action on
			motions to amend.
The administrative law judge shall freely give leave
			to amend when justice so requires. The administrative law judge may designate a
			time for filing an answer to amended pleadings that may be answered, and may
			reschedule other dates, including the hearing date, if this is necessary to
			assure that issues for hearing are fully and properly framed.
(3)
Form of amendment.
An
			amendment other than one made on the record during a hearing must be in
			writing. A written amendment may be in the form of either a revised pleading
			superseding the entire text of the amended pleading, or a supplemental paper
			containing only the amendment.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-265, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-265, filed
				9/2/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › V - ADMINISTRATIVE HEARINGS BEFORE AN ADMINISTRATIVE LAW JUDGE › Section 162-08-268 - Voluntary dismissal

Current through Register Vol. 24-14, July 15, 2024
(1)
Prior to day of hearing.
Except as may be provided for cases
			alleging unfair practices in real estate transactions, on the day when the
			hearing of a case commences the commission or any other party on the side
			supporting the complaint may voluntarily dismiss the party's case or a claim by
			serving and filing a written notice of dismissal.
(2)
After hearing commenced.
Except as may be provided for cases alleging unfair practices in real
			estate transactions, after a hearing has commenced the commission or any other
			party on the side supporting the complaint may move for voluntary dismissal of
			the party's case or a claim. A motion that is made before the party rests at
			the conclusion of its opening case shall be granted as a matter of right. A
			motion made after that time may be granted if good cause is shown, and the
			grant may be subject to such terms and conditions as the administrative law
			judge deems proper.
(3)
Effect of dismissal.
A voluntary dismissal concludes the
			administrative proceeding as to the dismissed party or claim, but is not an
			adjudication of the merits of the issues before the administrative law judge
			(that is, the merits may still be adjudicated in another forum if the party has
			a right to sue in another forum and timely files such claim with the other
			forum). A voluntary dismissal of one claim does not extinguish any other claim,
			and a voluntary dismissal by one party does not dismiss any other party. If the
			commission takes a voluntary dismissal of the case in support of the complaint
			the entire case is closed, unless the complainant has appeared independently
			under WAC
			162-08-261 or another person has
			intervened as a party on the side of the complaint pursuant to WAC
			162-08-288(4),
			in which circumstance the hearing shall proceed with the remaining
			parties.
Statutory Authority:
				RCW
				49.60.120(3) and
				49.60.240. 96-13-045, §
											162-08-268, filed 6/13/96,
				effective 7/14/96. Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-268, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-268, filed
				9/2/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › V - ADMINISTRATIVE HEARINGS BEFORE AN ADMINISTRATIVE LAW JUDGE › Section 162-08-271 - Motions before administrative law judge

Current through Register Vol. 24-14, July 15, 2024
(1)
Scope of section.
This
			section governs all motions made to the administrative law judge except those
			made orally on the record during an administrative hearing.
(2)
Form.
A motion must be in
			writing. It must state the order or other relief requested and the grounds for
			the motion. It may be accompanied by affidavits. It must be supported by legal
			authorities, set out in the motion or in a supporting brief.
(3)
Response.
Any party may
			serve and file a response within five days after the motion has been served on
			that party.
(4)
Filing.
The original and one copy of every motion and response, with supporting
			papers, must be filed with the clerk, along with proof of service.
(5)
Ruling.
When the
			administrative law judge has received a response from all parties, or five days
			have elapsed since the last party was served, the administrative law judge
			shall rule on the motion without oral argument, unless the administrative law
			judge, in his or her discretion, orders that argument be heard.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-271, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-271, filed 9/2/77; Order
				7, §
											162-08-271, filed
				1/19/68.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › V - ADMINISTRATIVE HEARINGS BEFORE AN ADMINISTRATIVE LAW JUDGE › Section 162-08-286 - Prehearing conference

Current through Register Vol. 24-14, July 15, 2024
(1)
Conference.
The administrative law judge, as a matter of
			discretion, with or without a motion from a party, may direct the attorneys for
			the parties to appear before the administrative law judge for a conference to
			consider:
(a) The simplification of the
			issues;
(b) The necessity or
			desirability of amendments to the pleadings;
(c) The possibility of obtaining admissions
			of fact and of documents which will be premarked for admission into evidence in
			order to avoid unnecessary proof;
(d) The limitation of the number of expert
			witnesses; and
(e) Other matters
			that may aid in the disposition of the case.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › VI - ADMINISTRATIVE HEARING AND DECISION › Section 162-08-291 - Conduct of hearings

Current through Register Vol. 24-14, July 15, 2024
(1)
Reference to law.
Hearings shall be conducted in accordance with
			the provisions of the Administrative Procedure Act,
			chapter
			34.05 RCW,
			RCW
			   49.60.250, and these rules.
(2)
Administrative law judge presides.
The administrative law judge shall preside as provided in WAC
			162-08-211.
(3)
Hearings shall be public.
All administrative hearings shall be open to the public. Photographs and
			recordings of the proceedings may be made, subject to such conditions as the
			administrative law judge may impose to prevent interference with the orderly
			conduct of the hearing. Special lighting for photographic purposes may be used
			only if the administrative law judge has determined in advance that it will not
			be distracting. The administrative law judge may order news media to use one or
			more television cameras on a pooling basis if the number of cameras interferes
			with the conduct of the hearing.
(4)
Record of testimony.
The
			clerk shall determine whether the record of testimony taken at a hearing shall
			be made by mechanical means or by a court reporter.
(5)
Copies of record.
When the
			record has been recorded by mechanical means, rather than by a court reporter,
			a party ordering a copy of the record or part thereof under
			RCW
			   34.05.566 must pay the reasonable cost of
			transcription, as determined by the clerk, in advance of delivery of the copy.
			When the record is transcribed and copies of documents are made for transmittal
			to a reviewing court under
			RCW
			   34.05.566, the costs of transcription and
			copying may be charged to a nonindigent petitioner in accordance with
			RCW
			   34.05.566(3).
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-291, filed 11/7/89,
				effective 12/8/89; Order 38, §
											162-08-291, filed 10/27/77; Order
				35, §
											162-08-291, filed 9/2/77; Order
				7, §
											162-08-291, filed
				1/19/68.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › VI - ADMINISTRATIVE HEARING AND DECISION › Section 162-08-294 - Claims of self incrimination - Immunity

Current through Register Vol. 24-14, July 15, 2024
(1)
How claimed.
A natural
			person who is testifying under oath, may, instead of answering a question,
			decline to answer the question on the ground that the testimony or evidence
			required of him or her may tend to incriminate him or her or subject him or her
			to a penalty or forfeiture.
(2)
Procedure before compelling testimony.
Before compelling testimony
			after the privilege against self incrimination has been invoked (and thereby
			exempting the witness from prosecution) the administrative law judge shall ask
			examining counsel and also counsel for the commission to state their positions
			on whether the witness should be ordered to answer. Counsel for the commission
			may ask that the ruling be deferred for such time as is necessary for counsel
			for the commission to consult with other public officers before responding. The
			position of counsel for the commission and other public officers shall be given
			due weight by the administrative law judge in deciding whether to order the
			witness to answer.
(3)
Inference from silence after immunity acquired.
If the witness
			declines to answer the question after acquiring exemption from prosecution, the
			administrative law judge may consider the silence as evidence and may draw such
			inferences from it as are warranted by the facts surrounding the
			incident.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-294, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-294, filed
				9/2/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › VI - ADMINISTRATIVE HEARING AND DECISION › Section 162-08-301 - Findings, conclusions, and order

Current through Register Vol. 24-14, July 15, 2024
(1)
Preliminary decision of
			administrative law judge.
In every administrative hearing the
			administrative law judge shall prepare preliminary findings of fact,
			conclusions of law, and order in accordance with WAC
			10-08-210, which shall be mailed
			to the parties and their counsel for comments, objections, and proposed
			corrections.
(2)
Final
			decision of administrative law judge.
After the expiration of thirty
			days from the receipt of comments upon the preliminary decision, the
			administrative law judge will issue a final decision which is enforceable in
			accordance with
			RCW
			   49.60.260.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-301, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-301, filed 9/2/77; Order
				7, §
											162-08-301, filed
				1/19/68.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › VI - ADMINISTRATIVE HEARING AND DECISION › Section 162-08-305 - Nature of orders - Enforcement

Current through Register Vol. 24-14, July 15, 2024
(1)
Nature of orders.
Orders
			obtained by counsel for the commission are public reparation orders, not
			adjudications of private rights between respondents and persons aggrieved by
			the respondents' unfair practices. When a respondent is ordered to rehire or
			compensate a person, the person who is the beneficiary of the order has no
			property right in the job, money, etc., until the person receives it.
(2)
Enforcement of order.
Except
			as may be otherwise provided in
			RCW
			   49.60.260 and WAC
			162-08-288, only the commission,
			through its counsel, has the authority to enforce an order of an administrative
			law judge.
			RCW
			   49.60.260.
(3)
Compromise of order.
Except
			as may be otherwise provided for a complaint alleging an unfair practice in a
			real estate transaction, the commission, acting in good faith, may compromise
			an order of an administrative law judge, with or without the consent of the
			beneficiaries of the order.
Statutory Authority:
				RCW
				49.60.120(3) and
				49.60.240. 96-13-045, §
											162-08-305, filed 6/13/96,
				effective 7/14/96. Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-305, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-305, filed
				9/2/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › VI - ADMINISTRATIVE HEARING AND DECISION › Section 162-08-311 - Reconsideration

Current through Register Vol. 24-14, July 15, 2024
(1)
Motion.
Within ten days after being served with the final order of an
			administrative law judge, any party may serve and file a motion for
			reconsideration with the commission clerk. The motion shall identify the points
			that the party desires to have reconsidered and shall fully state the reasons
			for reconsideration. The motion shall in all other respects proceed as provided
			in RCW
			   34.05.470.
(2)
Finality for appeal.
When a
			motion for reconsideration has been filed, the order of the administrative law
			judge shall not be deemed final for purposes of appeal until the ruling on the
			motion has been served.
(3)
Reconsideration not necessary for appeal.
Motions for
			reconsideration should be made only when a party feels that the administrative
			law judge has overlooked or misunderstood something. It is not necessary to
			file a motion for reconsideration in order to appeal.
			RCW
			   34.05.470(5).
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-311, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-311, filed 9/2/77; Order
				7, §
											162-08-311, filed
				1/19/68.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › VII - RULE MAKING › Section 162-08-600 - Requests for advanced notice of rule making

Current through Register Vol. 24-14, July 15, 2024
(1)
Form.
Requests for advance
			notice of rule making proceedings, as provided in
			RCW
			   34.05.320(3), shall be in
			writing and shall give the name of the requesting person or organization, and
			the address to which the notice is to be sent.
(2)
Duration.
Requests for
			advance notice of rule making proceedings will be honored for a period of three
			years after the date of the request, and may be renewed by written notice to
			the commission containing the information required for the original
			request.
(3)
Where filed.
Requests for advance notice of rule making proceedings should be filed
			at the Olympia office of the commission, attention rules coordinator.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-600, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-600, filed 9/2/77; Order
				7, §
											162-08-600, filed
				1/19/68.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › VII - RULE MAKING › Section 162-08-610 - Petitions for rule making

Current through Register Vol. 24-14, July 15, 2024
Petitions to the commission for the promulgation, amendment,
			  or repeal of a rule under
			  RCW
			     34.05.330 shall include a statement of the
			  reasons for the requested action, and may be accompanied by a brief of any
			  applicable law. Petitions for the promulgation of a rule shall set out the full
			  text of the proposed rule. Petitions for the amendment of a rule shall identify
			  the rule by its WAC number, and shall contain the complete text of the rule as
			  proposed to be amended, showing additions by underlining the new words and
			  showing deletions by marking them over with a dotted line. Petitions for repeal
			  of a rule shall identify the rule by WAC number, and may quote its
			  text.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-610, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-610, filed 9/2/77; Order
				7, §
											162-08-610, filed
				1/19/68.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › VIII - DECLARATORY ORDERS › Section 162-08-700 - Declaratory orders

Current through Register Vol. 24-14, July 15, 2024
(1)
Contents of petition.
A petition for a declaratory order under
			RCW
			   34.05.240 shall contain the following in
			addition to the requirements of
			RCW
			   34.05.240(1):
(a) A statement of the question on which the
			declaratory order is sought;
(b) A
			full statement of the facts giving rise to the question;
(c) A statement of the basis for the
			petitioner's interest in the question.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-12 - Preemployment inquiry guide › Section 162-12-100 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) These
		  regulations carry out the law against discrimination as stated generally in
		  RCW
		     49.60.010 and
		  49.60.030, and interpret
		  RCW
		     49.60.180 and
		  49.60.200 which declare certain
		  preemployment inquiries to be unfair practices.
(2) The commission generally follows
		  chapter
		  49.60 RCW and federal
		  court decisions that interpret comparable statutes and rules. The commission
		  will not follow federal precedents when a different interpretation of state
		  statutes and rules will better carry out the purposes of
		  chapter
		  49.60 RCW.
(3) This regulation cannot cover every
		  question that might arise in connection with inquiries prior to employment. The
		  commission expects that in most cases these rules, either directly or by
		  analogy, will guide those who are covered by the law.
(4) Definition: In this chapter, the
		  following words are used in the meaning given, unless the context clearly
		  indicates another meaning.
"Protected status" is short for the phrase, "age, sex, sexual
			orientation, gender expression or gender identity, marital status, race, creed,
			color, national origin, or the presence of any sensory, mental, or physical
			disability or the use of a trained dog guide or service animal by a disabled
			person," and means the full phrase (see
			RCW
			   49.60.180).
Statutory Authority:
			  RCW
			     49.60.120(3). 00-01-177,
			  §
										162-12-100, filed 12/21/99,
			  effective 1/21/00; 96-21-054, §
										162-12-100, filed 10/14/96,
			  effective 11/14/96; Order 16, §
										162-12-100, filed 5/22/74; Order
			  9, §
										162-12-100, filed 9/23/71; §
										162-12-100, filed
			  10/23/67.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-12 - Preemployment inquiry guide › Section 162-12-120 - General approach

Current through Register Vol. 24-14, July 15, 2024
(1)
		  Inquiries that convey to a reasonable person that applicants in a protected
		  class will be discriminated against are prohibited whether or not they are
		  connected to a discriminatory purpose.
(2) The commission recognizes the legitimate
		  interests of employers and employment agencies with respect to making
		  preemployment inquiries that are consistent with the purpose of the law against
		  discrimination, or where required by government or to carry out an employer's
		  policy of nondiscrimination. In the absence of safeguards, preemployment
		  inquiries or records of applicants' protected status can be misused for
		  discriminatory purposes. The rules in WAC
		  162-12-140 identify common fair
		  and unfair preemployment inquiries so that employers and employment agencies do
		  not convey the impression that applicants will be discriminated against based
		  on protected status.
Statutory Authority:
			  RCW
			  49.60.120(3). 00-01-177,
			  §
										162-12-120, filed 12/21/99,
			  effective 1/21/00; 96-21-054, §
										162-12-120, filed 10/14/96,
			  effective 11/14/96; Order 16, §
										162-12-120, filed 5/22/74; Order
			  9, §
										162-12-120, filed 9/23/71; §
										162-12-120, filed
			  10/23/67.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-12 - Preemployment inquiry guide › Section 162-12-130 - Discriminatory inquiries are prohibited

Current through Register Vol. 24-14, July 15, 2024
Any preemployment inquiry or the keeping of any record of
			protected status before employment for a discriminatory purpose is prohibited
			and may be evidence of an unfair practice when connected to the applicant's
			protected status unless the particular quality inquired about is a bona fide
			occupational qualification.
Statutory Authority:
			  RCW
			  49.60.120(3). 00-01-177,
			  §
										162-12-130, filed 12/21/99,
			  effective 1/21/00; 96-21-054, §
										162-12-130, filed 10/14/96,
			  effective 11/14/96; Order 16, §
										162-12-130, filed 5/22/74; Order
			  9, §
										162-12-130, filed 9/23/71; Order
			  8, §
										162-12-130, filed 6/22/70; §
										162-12-130, filed
			  10/23/67.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-12 - Preemployment inquiry guide › Section 162-12-135 - Bona fide occupational qualifications

Current through Register Vol. 24-14, July 15, 2024
Chapter 49.60
			RCW recognizes an exception to unfair preemployment inquiries when the
			inquiries are based upon a "bona fide occupational qualification." (See WAC
			162-16-240.)
Statutory Authority:
			  RCW
			  49.60.120(3). 00-01-177,
			  §
										162-12-135, filed 12/21/99,
			  effective 1/21/00; 96-21-054, §
										162-12-135, filed 10/14/96,
			  effective 11/14/96; Order 16, §
										162-12-135, filed 5/22/74; Order
			  9, §
										162-12-135, filed 9/23/71; Order
			  8, §
										162-12-135, filed
			  6/22/70.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-12 - Preemployment inquiry guide › Section 162-12-140 - Preemployment inquiries

Current through Register Vol. 24-14, July 15, 2024
(1) The
		  following examples of fair and unfair inquiries apply when made in reference to
		  job application forms, preemployment interviews, or any other type of inquiry
		  made of job applicants. The rules also apply to inquiries made to persons other
		  than an applicant and to inquiries made by third parties such as a credit
		  reporting service. The rules do not apply after a person is employed. See WAC
		  162-12-180.
(2) Employers and employment agencies shall
		  comply with these rules except where one or more of the following conditions
		  exist:
(a) When there is a "bona fide
		  occupational qualification."
(b) A
		  voluntary affirmative action plan that is in compliance with the requirements
		  of a government agency or other competent authority such as a court, and if
		  made in a manner provided in WAC
		  162-12-160 and
		  162-12-170.
(c) A requirement of federal law or
		  regulation, as explained in WAC
		  162-12-150.
If one or more of the above conditions apply, the inquiries of
			employers and employment agencies must be accompanied by a written explanation
			of their purpose. See WAC
			162-12-135,
			162-12-160 and
			162-12-170.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-12 - Preemployment inquiry guide › Section 162-12-150 - Required inquiries

Current through Register Vol. 24-14, July 15, 2024
An employer or employment agency may ask applicants about
			protected status to the extent that the employer is required to do so by the
			Washington state or the United States government or a federal or state court
			decree. When the applicant data are required by the court or government, the
			information shall be acquired by means other than inquiry to the applicants,
			unless the court or government expressly requires the inquiries or unless the
			inquiries are made in conformity with WAC
			162-12-160 and
			162-12-170.
Statutory Authority:
			  RCW
			  49.60.120(3). 00-01-177,
			  §
										162-12-150, filed 12/21/99,
			  effective 1/21/00; 96-21-054, §
										162-12-150, filed 10/14/96,
			  effective 11/14/96; Order 16, §
										162-12-150, filed 5/22/74; Order
			  9, §
										162-12-150, filed 9/23/71; §
										162-12-150, filed
			  10/23/67.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-12 - Preemployment inquiry guide › Section 162-12-160 - Data for legitimate purposes

Current through Register Vol. 24-14, July 15, 2024
(1) An employer or employment agency may make
		  inquiries as to race, sex, national origin, or disability for purposes of
		  affirmative action, when the inquiries are made in the manner provided in WAC
		  162-12-170.
(2) Data on protected status shall not be
		  recorded on any record that is kept in the applicant's preemployment file, nor
		  shall such data be kept in any other place or form where it is available to
		  those who process the application. Application records that identify the
		  protected status of a particular person shall be kept confidential, except to
		  the extent necessary to implement an affirmative action program as authorized
		  by law, to permit the compilation of statistics, and to permit verification of
		  the statistics by top management of the employer, or by the Washington state
		  human rights commission.
Statutory Authority:
			  RCW
			  49.60.120(3). 00-01-177,
			  §
										162-12-160, filed 12/21/99,
			  effective 1/21/00; 96-21-054, §
										162-12-160, filed 10/14/96,
			  effective 11/14/96; Order 18, §
										162-12-160, filed 1/20/75; Order
			  16, §
										162-12-160, filed 5/22/74; Order
			  9, §
										162-12-160, filed 9/23/71; §
										162-12-160, filed
			  10/23/67.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-12 - Preemployment inquiry guide › Section 162-12-170 - Conditions for inquiries to applicants

Current through Register Vol. 24-14, July 15, 2024
An employer or employment agency may ask an applicant to
			voluntarily state his or her protected status for reasons stated in WAC
			162-12-150 and
			162-12-160 only if it has
			satisfied all of the following conditions:
(1) The employer shall have adopted a written
		  equal employment policy which authorizes the inquiries as a means of monitoring
		  its enforcement, and which sets out detailed procedures for keeping the
		  responses confidential and separate from other records relating to applicants,
		  in fulfillment of the requirements of WAC
		  162-12-160(2);
		  and
(2) The form on which the
		  question appears contains statements clearly informing the applicant the
		  information is strictly voluntary, the reasons for asking for the information,
		  the uses to which the information will be put, and the safeguards that will
		  prevent use of the information by those who will process the
		  application.
Statutory Authority:
			  RCW
			  49.60.120(3). 00-01-177,
			  §
										162-12-170, filed 12/21/99,
			  effective 1/21/00; 96-21-054, §
										162-12-170, filed 10/14/96,
			  effective 11/14/96; Order 18, §
										162-12-170, filed 1/20/75; Order
			  16, §
										162-12-170, filed 5/22/74; Order
			  9, §
										162-12-170, filed 9/23/71; §
										162-12-170, filed
			  10/23/67.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-12 - Preemployment inquiry guide › Section 162-12-180 - Post employment records

Current through Register Vol. 24-14, July 15, 2024
RCW    49.60.180 and
			49.60.200 and these rules do not
			prohibit making or keeping records of the protected status of persons after
			they are employed, unless the records are used for the purpose of
			discrimination. To prevent improper use, records of an employee's protected
			status must be maintained in a manner accessible only on a need to know
			basis.
Statutory Authority:
			  RCW
			  49.60.120(3). 00-01-177,
			  §
										162-12-180, filed 12/21/99,
			  effective 1/21/00; 96-21-054, §
										162-12-180, filed 10/14/96,
			  effective 11/14/96; Order 16, §
										162-12-180, filed 5/22/74; Order
			  9, §
										162-12-180, filed 9/23/71; §
										162-12-180, filed
			  10/23/67.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-16 - Employment › Section 162-16-200 - General purpose and definitions

Current through Register Vol. 24-14, July 15, 2024
The law against discrimination protects persons from
			discrimination in employment (RCW    49.60.180,
			49.60.190, and
			49.60.200). Persons are also
			protected from discrimination as provided in
			RCW
			   49.60.172 (unfair practices with respect to
			HIV infection),
			RCW
			   49.60.174 (actual or perceived HIV
			infection), and
			RCW
			   49.60.210 (unfair to discriminate against
			person opposing unfair practice).
(1)
		  The commission's first objective in writing the rules in this chapter and in
		  making future decisions on questions not addressed in this chapter is to
		  eliminate and prevent discrimination. This is the overall purpose of the law
		  against discrimination.
(2) Other
		  objectives in writing these rules are:
(a) To
		  be consistent with interpretations of federal antidiscrimination law and the
		  antidiscrimination laws of other states, where these are comparable to
		  Washington law, and where the commission does not find that a different rule
		  would better serve the state of Washington.
(b) To avoid the uncritical adoption of
		  definitions from areas of law other than antidiscrimination law. It is
		  appropriate to define employment differently in different areas of the law to
		  carry out the separate purpose of each area of law.
(c) To give effect to the purposes of the
		  exemption of employers of less than eight from public enforcement of the law
		  against discrimination, as identified in
		  RCW
		     49.60.040.
(d) The public and commission staff need
		  standards that are certain and that are easy to understand and apply. Therefore
		  we must sometimes simply draw a line, although reasonable persons could differ
		  as to where the line should be drawn.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-16 - Employment › Section 162-16-210 - Advice of commission

Current through Register Vol. 24-14, July 15, 2024
(1)
		  When requested to do so, the commission's staff will advise persons on how to
		  meet particular employment needs consistently with the law against
		  discrimination.
(2) Persons may
		  petition the commission for an executive director's opinion determining whether
		  protected status would be a bona fide occupational qualification in particular
		  circumstances, unless the commission or another public agency with comparable
		  jurisdiction has directed or authorized the action. (Please see WAC
		  162-04-070 on executive
		  director's opinions and WAC
		  162-16-240 on bona fide
		  occupational qualification.)
Statutory Authority:
			  RCW
			  49.60.120(3). 99-15-025,
			  §
										162-16-210, filed 7/12/99,
			  effective 8/12/99.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-16 - Employment › Section 162-16-220 - Jurisdiction - Counting the number of persons employed

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose and
		  scope.
RCW    49.60.040 defines "employer"
		  for purposes of the law against discrimination in part as "any person. . . who
		  employs eight or more persons." This section establishes standards for
		  determining who is counted as employed when deciding whether a person is an
		  employer. The standards in this section do not define who is entitled to the
		  protection of the law against discrimination.
(2)
Time of calculation.
A
		  person will be considered to have employed eight if the person either:
(a) Had an employment relationship with eight
		  or more persons for any part of the day on which the unfair practice is alleged
		  to have occurred, or did occur; or
(b) Had an employment relationship with an
		  average of eight or more persons over a representative period of time including
		  the time when the unfair practice is alleged to have occurred.
An
			employment relationship is most readily demonstrated by a person's appearance
			on the employer's payroll. The representative period of time for (b) of this
			subsection will ordinarily be the twenty weeks prior to and including the date
			on which the unfair practice is alleged to have occurred. However, where this
			period will not accurately reflect the overall employment level, as in a
			seasonal industry, we will use the month during which the unfair practice is
			alleged to have occurred plus the preceding eleven months.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-16 - Employment › Section 162-16-240 - Bona fide occupational qualification

Current through Register Vol. 24-14, July 15, 2024
Under the law against discrimination, there is an exception to
			the rule that an employer, employment agency, labor union, or other person may
			not discriminate on the basis of protected status; that is if a bona fide
			occupational qualification (BFOQ) applies. The commission believes that the
			BFOQ exception should be applied narrowly to jobs for which a particular
			quality of protected status will be essential to or will contribute to the
			accomplishment of the purposes of the job. The following examples illustrate
			how the commission applies BFOQs:
(1)
		  Where it is necessary for the purpose of authenticity or genuineness (e.g.,
		  model, actor, actress) or maintaining conventional standards of sexual privacy
		  (e.g., locker room attendant, intimate apparel fitter) the commission will
		  consider protected status to be a BFOQ.
(2) A 911 emergency response service needs
		  operators who are bilingual in English and Spanish. The job qualification
		  should be spoken language competency, not national origin.
(3) An employer refuses to consider a person
		  with a disability for a receptionist position on the basis that the person's
		  disability "would make customers and other coworkers uncomfortable." This is
not
a valid BFOQ.
(4)
		  A person with a disability applies for promotion to a position at a different
		  site within the firm. The firm does not promote the person because doing so
		  would compel the firm to install an assistive device on equipment at that site
		  to enable the person to properly perform the job. This is
not
a
		  valid BFOQ.
Statutory Authority:
			  RCW
			  49.60.120(3). 99-15-025,
			  §
										162-16-240, filed 7/12/99,
			  effective 8/12/99.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-16 - Employment › Section 162-16-250 - Discrimination because of marital status

Current through Register Vol. 24-14, July 15, 2024
(1)
General rule.
It is an
		  unfair practice to discriminate against an employee or job applicant because of
		  marital status. Examples of unfair practices include, but are not limited to:
(a) Refusing to hire a single or divorced
		  applicant because of a presumption that "married persons are more
		  stable."
(b) Refusing to promote a
		  married employee because of a presumption that he or she "will be less willing
		  to work late and travel."
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-16 - Employment › Section 162-16-270 - Employment agencies

Current through Register Vol. 24-14, July 15, 2024
(1) It
		  is an unfair practice for any employment agency to:
(a) Handwrite, print, or circulate any
		  interoffice or interagency communication, job order, advertisement, brochure,
		  or notice which expresses overtly or subtly, directly or indirectly a
		  preference, specification or limitation on the basis of protected status. An
		  exception is if a bona fide occupational qualification applies (please see WAC
		  162-16-240).
(b) Maintain, formally or informally, agency
		  division titles that are not clearly neutral in terms of sex.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-16 - Employment › Section 162-16-280 - Newspapers and other advertising media

Current through Register Vol. 24-14, July 15, 2024
(1) It is an unfair practice for a newspaper
		  or other advertising medium to publish or circulate within the state an
		  employment advertisement under a column heading or designation which segregates
		  or expresses a preference on the basis of protected status. An exception is if
		  a bona fide occupational qualification applies (please see WAC
		  162-16-240).
(2) It is not an unfair practice for any
		  newspaper or other advertising medium to print, publish, or circulate
		  employment advertisements expressing the wording of the advertisement, or
		  subtly, directly or indirectly a preference, specification or limitation on the
		  basis of protected status, provided the newspaper or other advertising medium
		  furnishes, on request of a duly authorized representative of the commission,
		  the name and address of the person who submitted the advertisement for
		  publication.
(3) The commission
		  encourages advertising media that circulate employment advertisements to:
(a) Maintain lists of discriminatory job
		  titles and terms and suggested substitutes, as compiled by the
		  commission;
(b) Instruct their
		  ad-takers to advise employers and employment agencies of these terms;
		  and
(c) Have copies of this
		  regulation available for distribution to advertisers on request.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-16 - Employment › Section 162-16-290 - Recruiting statements

Current through Register Vol. 24-14, July 15, 2024
(1)
		  Employers are encouraged to seek a broad pool of applicants through recruitment
		  efforts. It is permissible to use advertisements that contain nonexclusionary
		  recruitment phrases, such as:
(a) "Equal
		  opportunity employer."
(b) "We
		  encourage workforce diversity."
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-20 - Age discrimination in public employment › Section 162-20-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
These rules clarify the age discrimination provisions of
			RCW
			   49.60.180 and
			49.44.090, with respect to
			candidates for public employment.
Statutory Authority:
			  RCW
			  49.60.120(3). 00-01-177,
			  §
										162-20-010, filed 12/21/99,
			  effective 1/21/00; Order 9, §
										162-20-010, filed 9/23/71;
			  Resolution, § 1, filed
			  10/18/63.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-20 - Age discrimination in public employment › Section 162-20-020 - Statutes interpreted

Current through Register Vol. 24-14, July 15, 2024
Section 1, chapter 100, Laws of 1961, amended
			RCW
			   49.60.180 to add discrimination because of
			age as an unfair practice of employers.
RCW    49.44.090 reads in
			part:
". ..
"Nothing contained in this section or in
			RCW
			   49.60.180 as to age shall be construed . . .;
			nor shall anything in this section or in
			RCW
			   49.60.180 be deemed to preclude . . .; nor
			shall this section be construed . . . as superseding any law fixing or
			authorizing the establishment of reasonable minimum or maximum age limits with
			respect to candidates for certain positions in public employment which are of
			such a nature as to require extraordinary physical effort, or which for other
			reasons warrant consideration of age factors."
Statutory Authority:
			  RCW
			  49.60.120(3). 00-01-177,
			  §
										162-20-020, filed 12/21/99,
			  effective 1/21/00; Order 9, §
										162-20-020, filed 9/23/71;
			  Resolution, § 2, filed
			  10/18/63.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-20 - Age discrimination in public employment › Section 162-20-030 - Jurisdiction of commission

Current through Register Vol. 24-14, July 15, 2024
The human rights commission shall not exercise jurisdiction
			over any alleged unfair practice as to age (over forty) when the respondent is
			acting under a law, ordinance or valid rule fixing or authorizing the
			establishment of reasonable minimum or maximum age limits with respect to
			candidates for public employment.
Statutory Authority:
			  RCW
			  49.60.120(3). 00-01-177,
			  §
										162-20-030, filed 12/21/99,
			  effective 1/21/00; Order 9, §
										162-20-030, filed 9/23/71;
			  Resolution, § 3, filed
			  10/18/63.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-20 - Age discrimination in public employment › Section 162-20-040 - Complaints concerning public employment

Current through Register Vol. 24-14, July 15, 2024
Complaints of candidates for public employment will be received
			in the manner provided by law and rule for the receipt of complaints in
			general.
Resolution, § 4, filed
			  10/18/63.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-20 - Age discrimination in public employment › Section 162-20-050 - Duties of staff

Current through Register Vol. 24-14, July 15, 2024
When a complaint alleging age discrimination concerns a
			position in public employment, the commission's staff shall take the following
			steps before investigating and ascertaining the facts of the alleged act of
			discrimination:
(1) The staff shall
		  determine whether the respondent is acting under a law or ordinance fixing or
		  authorizing the establishment of age limits.
(2) If the staff finds that the respondent is
		  not acting under a law or ordinance fixing or authorizing the establishment of
		  age limits, the commission's staff shall proceed to process the complaint in
		  the same manner as other complaints are processed, and in its findings the
		  staff shall include a finding that the employer was not acting under a law or
		  ordinance fixing or authorizing age limits.
(3) If the staff finds that the respondent
		  had acted under a law or ordinance fixing or authorizing age limits it shall so
		  report at the next commission meeting.
Order 9, §
										162-20-050, filed 9/23/71;
			  Resolution, § 5, filed
			  10/18/63.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-20 - Age discrimination in public employment › Section 162-20-060 - Commission action

Current through Register Vol. 24-14, July 15, 2024
When the commission has received and accepted a report as
			provided in WAC
			162-20-050(3) it
			shall dismiss the complaint for lack of jurisdiction.
Order 9, §
										162-20-060, filed 9/23/71;
			  Resolution, § 6, filed
			  10/18/63.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-20 - Age discrimination in public employment › Section 162-20-070 - Primary jurisdiction

Current through Register Vol. 24-14, July 15, 2024
Unless the human rights commission should for good reason order
			otherwise, it will not act on any complaint concerning a position in public
			employment during the time while the complainant has an administrative review
			proceeding provided for his use by law, ordinance or valid rule by the
			respondent public agency or another public agency.
Order 9, §
										162-20-070, filed 9/23/71;
			  Resolution, § 7, filed
			  10/18/63.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-20 - Age discrimination in public employment › Section 162-20-080 - Pending complaints covered

Current through Register Vol. 24-14, July 15, 2024
These rules, being an interpretation of the jurisdiction of the
			commission, shall apply to pending complaints as well as to complaints filed
			after the effective date of these rules.
Order 9, §
										162-20-080, filed 9/23/71;
			  Resolution, § 8, filed
			  10/18/63.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-22 - Employment - Handicapped persons › Section 162-22-010 - Scope of chapter

Current through Register Vol. 24-14, July 15, 2024
This chapter interprets and implements the disability
			discrimination coverage of:
(1)RCW
		  48.60.174 (unfair practices based on actual or perceived HIV
		  infection);
(2)RCW
		     49.60.180 (unfair practices of
		  employers);
(3)RCW
		     49.60.190 (unfair practices of labor
		  unions);
(4)RCW
		     49.60.200 (unfair practices of employment
		  agencies);
(5)RCW
		     49.60.210 (unfair to discriminate against
		  persons opposing unfair practices); and
(6)RCW
		     49.60.220 (unfair to aid
		  violation).
Statutory Authority:
			  RCW
			  49.60.120(3). 99-15-025,
			  §
										162-22-010, filed 7/12/99,
			  effective 8/12/99. Statutory Authority:
			  RCW
			     49.60.120(3) and 1997 c 271.
			  98-08-035, §
										162-22-010, filed 3/23/98,
			  effective 4/23/98; Order 23, §
										162-22-010, filed
			  7/21/75.