reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-22 - Employment - Handicapped persons › Section 162-22-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
In this chapter the following words are used in the meaning
			given, unless the context clearly indicates another meaning:
(1) "Disability" is short for the statutory
		  term "the presence of any sensory, mental, or physical disability," except when
		  it appears as part of the full term.
(2) "The presence of a sensory, mental, or
		  physical disability" includes, but is not limited to, circumstances where a
		  sensory, mental, or physical condition:
(a) Is
		  medically cognizable or diagnosable;
(b) Exists as a record or history;
(c) Is perceived to exist whether or not it
		  exists in fact.
A condition is a "sensory, mental, or physical disability"
			if it is an abnormality and is a reason why the person having the condition did
			not get or keep the job in question, or was denied equal pay for equal work, or
			was discriminated against in other terms and conditions of employment, or was
			denied equal treatment in other areas covered by the statutes. In other words,
			for enforcement purposes a person will be considered to be disabled by a
			sensory, mental, or physical condition if he or she is discriminated against
			because of the condition and the condition is abnormal.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-22 - Employment - Handicapped persons › Section 162-22-025 - Unfair practice

Current through Register Vol. 24-14, July 15, 2024
It is an unfair practice for any employer, employment agency,
			labor union, or other person to:
(1)
		  Refuse to hire, discharge, bar from employment, or otherwise discriminate
		  against an able worker with a disability or because of the use of a trained dog
		  guide or service animal by an able worker with a disability; or
(2) Fail or refuse to make reasonable
		  accommodation for an able worker with a disability or the use of a trained dog
		  guide or service animal by an able worker with a disability, unless to do so
		  would impose an undue hardship (please see WAC
		  162-22-065 and
		  162-22-075); or
(3) Refuse to hire or otherwise discriminate
		  against an able worker with a disability because the employer would be subject
		  to the requirements of this chapter if the person were hired, promoted,
		  etc.
Statutory Authority:
			  RCW
			  49.60.120(3). 99-15-025,
			  §
										162-22-025, filed 7/12/99,
			  effective 8/12/99.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-22 - Employment - Handicapped persons › Section 162-22-035 - Preference for disabled is not an unfair practice

Current through Register Vol. 24-14, July 15, 2024
The law protects against discrimination because of the presence
			of any disability or the use of a trained dog guide or service animal by a
			person with a disability. Discrimination in favor of a person because of the
			person's disability is not an unfair practice. This is different from the
			operation of the statutes in all other areas, except for age discrimination.
			For example, it is an unfair practice for an employer to discriminate either
			for or against persons of any race or either sex.
Statutory Authority:
			  RCW
			  49.60.120(3). 99-15-025,
			  §
										162-22-035, filed 7/12/99,
			  effective 8/12/99.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-22 - Employment - Handicapped persons › Section 162-22-045 - Bona fide occupational qualifications

Current through Register Vol. 24-14, July 15, 2024
Under the law against discrimination, there is one 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. For a complete discussion of BFOQs,
			please read WAC
			162-16-240.
Statutory Authority:
			  RCW
			  49.60.120(3). 99-15-025,
			  §
										162-22-045, filed 7/12/99,
			  effective 8/12/99.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-22 - Employment - Handicapped persons › Section 162-22-065 - Reasonable accommodation

Current through Register Vol. 24-14, July 15, 2024
(1)
		  Reasonable accommodation means measures that:
(a) Enable equal opportunity in the
		  application process;
(b) Enable the
		  proper performance of the particular job held or desired;
(c) Enable the enjoyment of equal benefits,
		  privileges, or terms and conditions of employment.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-22 - Employment - Handicapped persons › Section 162-22-075 - Undue hardship exception

Current through Register Vol. 24-14, July 15, 2024
An employer, employment agency, labor union, or other person
			must provide reasonable accommodation unless it can prove that the
			accommodation would impose an undue hardship. An accommodation will be
			considered an undue hardship if the cost or difficulty is unreasonable in view
			of:
(1) The size of and the resources
		  available to the employer;
(2)
		  Whether the cost can be included in planned remodeling or maintenance;
		  and
(3) The requirements of other
		  laws and contracts, and other appropriate considerations.
Statutory Authority:
			  RCW
			  49.60.120(3). 99-15-025,
			  §
										162-22-075, filed 7/12/99,
			  effective 8/12/99.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-22 - Employment - Handicapped persons › Section 162-22-090 - Health care opinions

Current through Register Vol. 24-14, July 15, 2024
(1)
		  Employers may seek a health care professional's opinion on whether a person's
		  disability affects the proper performance of a particular job. The employer may
		  also seek a health care professional's opinion on possible effective
		  accommodations that would enable the person with a disability to properly
		  perform the job. The health care professional's opinion will be given due
		  weight in view of all the circumstances, including the extent of the health
		  care professional's knowledge of the particular person and job, and the health
		  care professional's relationship to the parties.
(2) A health care professional's conclusion
		  will not be considered to be an opinion on whether the person can properly
		  perform the particular job unless it:
(a) Is
		  based on the individual capabilities of the particular person, and not on
		  generalizations as to the capabilities of all persons with the same disability;
		  and
(b) Is based on knowledge of
		  the actual sensory, mental, and physical qualifications needed for proper
		  performance of the particular job.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-22 - Employment - Handicapped persons › Section 162-22-100 - Dog guides and service animals

Current through Register Vol. 24-14, July 15, 2024
(1)
General rule
. It is an
		  unfair practice for an employer, employment agency, labor union, or other
		  person to request that a trained dog guide or service animal be removed from
		  the workplace, UNLESS that employer, employment agency, labor union, or other
		  person can show that the presence, behavior or actions of that dog guide or
		  service animal constitutes an unreasonable risk to property or other
		  persons.
It is an unfair practice to remove a trained dog guide or service
			animal from the entire workplace because the animal presents a risk of injury
			or harm when in part of the workplace.
(2)
Assessing risk of injury or
		  harm.
(a) Risk to property or other
		  persons must be immediate or reasonably foreseeable under the circumstances,
		  not remote or speculative. Risk to persons may be given more weight than risk
		  to property. Risk of severe injury or harm may be given more weight than risk
		  of slight injury or harm. For example, a principal excludes a teacher's dog
		  guide because; "A neighborhood dog bit one of our kids last year, so I don't
		  allow any dogs at school." This is
not
"reasonably foreseeable
		  risk" justifying removal of the dog guide.
(b) Annoyance on the part of staff or other
		  customers of the workplace at the presence of the dog guide or service animal
		  is not an unreasonable "risk to property or other persons" justifying the
		  removal of the dog guide or service animal.
(c) Risk of injury or harm to the dog guide
		  or service animal is not a reason for an employer to remove or exclude the
		  animal. The decision whether to bring the animal to the worksite under such
		  conditions most properly rests with the person with a disability using the dog
		  guide or service animal.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-26 - Public accommodations, disability discrimination › Section 162-26-010 - Scope of chapter

Current through Register Vol. 24-14, July 15, 2024
This chapter interprets and implements the disability
			discrimination coverage of
			RCW
			   49.60.215, unfair practices of places of
			public resort, accommodation, assemblage, and amusement. This chapter does not
			define the scope of the civil right to be free from discrimination because of
			disability declared in
			RCW
			   49.60.030 or interpret other
			statutes.
Statutory Authority:
			  RCW
			  49.60.120(3). 99-15-025,
			  §
										162-26-010, filed 7/12/99,
			  effective 8/12/99. Statutory Authority:
			  RCW
			     49.60.120(3) and 1997 c 271.
			  98-08-035, §
										162-26-010, filed 3/23/98,
			  effective 4/23/98. Statutory Authority:
			  RCW
			  49.60.120(3). 82-19-086
			  (Order 41), §
										162-26-010, filed
			  9/22/82.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-26 - Public accommodations, disability discrimination › Section 162-26-040 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1)
Place of
		  public accommodation.
RCW    49.60.040 defines
		  and lists examples of a place of public accommodation.
(2)
General definitions
special to this chapter.
The following words or phrases are used
		  in this chapter in the meaning given, unless the context clearly indicates
		  another meaning.
"Accessible" means usable or understandable by a person
			with a disability, with reasonable effort and in reasonable safety.
"Disability" is short for the term "the presence of any
			sensory, mental, or physical disability" used in the law against
			discrimination, and means the full term.
"Dog guide" means a dog that is trained for the purpose of
			guiding blind persons or a dog that is trained for the purpose of assisting
			hearing impaired persons.
"Place of public accommodation" is short for "place of public
			resort, accommodation, assemblage, or amusement" and means the full
			term.
"Reasonable accommodation" means action, reasonably possible in
			the circumstances, to make the regular services of a place of public
			accommodation accessible to persons who otherwise could not use or fully enjoy
			the services because of the person's sensory, mental, or physical disability.
			See WAC 162-26-080.
"Same service" means service without regard to the existence of
			a disability. See WAC
			162-26-060.
"Service" means everything available to persons from a place of
			public accommodation.
"Service animal" means an animal that is trained for the
			purpose of assisting or accommodating a person's sensory, mental, or physical
			disability.
"Structural" means the load-bearing members and essential
			structure or composition of a place, as distinguished from its finish,
			decorations, or fittings. Examples of structural components are floors, walls,
			stairs, door openings, sidewalks, elevators, and escalators. Examples of things
			that are not structural are moveable walls, bathroom fixtures and partitions,
			fixtures such as water fountains (whether or not attached to a wall), doors and
			door hardware, cabinets, counters, handrails, signs (attached or painted),
			elevator controls, alarm systems, and carpeting or other floor
			covers.
Statutory Authority:
			  RCW
			  49.60.120(3). 99-15-025,
			  §
										162-26-040, filed 7/12/99,
			  effective 8/12/99. Statutory Authority:
			  RCW
			     49.60.120(3) and 1997 c 271.
			  98-08-035, §
										162-26-040, filed 3/23/98,
			  effective 4/23/98. Statutory Authority:
			  RCW
			  49.60.120(3). 82-19-086
			  (Order 41), §
										162-26-040, filed
			  9/22/82.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-26 - Public accommodations, disability discrimination › Section 162-26-060 - General principles

Current through Register Vol. 24-14, July 15, 2024
(1)
Same service preferred.
The purposes of the law against
		  discrimination are best achieved when disabled persons are treated the same as
		  if they were not disabled. The legislature expresses this policy in
		  RCW
		     49.60.215 with the words "regardless of."
		  Persons should, if possible, be treated without regard to their disability or
		  use of a dog guide or service animal. This is called "same service" in this
		  chapter.
(2)
Reasonable
		  accommodation.
The law protects against discrimination because of the
		  "presence" of a disability. It does not prohibit treating disabled persons more
		  favorably than nondisabled persons in circumstances where same service will
		  defeat the purposes of the law against discrimination.
For example, this
			would be true if persons in wheelchairs and nondisabled persons are equally
			entitled to use the stairway to reach the second floor of a store. In such
			circumstances, the operator of the place of public accommodation should use the
			next best solution: Reasonable accommodation.
A reasonable accommodation would be to permit the shopper in
			the wheelchair to use an elevator to reach the second floor, even though the
			public in general is not permitted to use the elevator. If there is no elevator
			and no other safe and dignified way for the customer to reach the second floor,
			another reasonable accommodation would be to bring merchandise requested by the
			customer to the first floor. Reasonable accommodations may also include, but
			are not limited to, providing sign language interpreters and making printed
			materials available in alternate formats.
(3)
Overall objective.
People
		  with disabilities must be afforded the full enjoyment of places of public
		  accommodation to the greatest extent practical.
Statutory Authority:
			  RCW
			  49.60.120(3). 99-15-025,
			  §
										162-26-060, filed 7/12/99,
			  effective 8/12/99. Statutory Authority:
			  RCW
			     49.60.120(3) and 1997 c 271.
			  98-08-035, §
										162-26-060, filed 3/23/98,
			  effective 4/23/98. Statutory Authority:
			  RCW
			  49.60.120(3). 82-19-086
			  (Order 41), §
										162-26-060, filed
			  9/22/82.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-26 - Public accommodations, disability discrimination › Section 162-26-070 - General rules

Current through Register Vol. 24-14, July 15, 2024
These rules apply except where exempted by
			RCW
			   49.60.215 for structural changes or behavior
			causing risk, or excepted by ruling of the commissioners under WAC
			162-06-030. It is an unfair
			practice under
			RCW
			   49.60.215 for any person in the operation of
			a place of public accommodation, because of disability or use of a trained dog
			guide or service animal:
(1) To refuse
		  to serve a person;
(2) To charge
		  for reasonably accommodating the special needs of a disabled person;
(3) To require a disabled person accompanied
		  by a trained dog guide or service animal in any of the places listed in
		  RCW
		     70.84.010(3) to pay an extra
		  charge for the trained dog guide or service animal;
(4) To treat a disabled person as not
		  welcome, accepted, desired, or solicited the same as a nondisabled
		  person;
(5) To segregate or
		  restrict a person or deny a person the use of facilities or services in
		  connection with the place of public accommodation where same service is
		  possible without regard to the disability; or
(6) To fail to reasonably accommodate the
		  known physical, sensory, or mental limitations of a disabled person, when same
		  service would prevent the person from fully enjoying the place of public
		  accommodation, as provided in WAC
		  162-26-080.
Statutory Authority:
			  RCW
			  49.60.120(3). 99-15-025,
			  §
										162-26-070, filed 7/12/99,
			  effective 8/12/99. Statutory Authority:
			  RCW
			     49.60.120(3) and 1997 c 271.
			  98-08-035, §
										162-26-070, filed 3/23/98,
			  effective 4/23/98. Statutory Authority:
			  RCW
			  49.60.120(3). 82-19-086
			  (Order 41), §
										162-26-070, filed
			  9/22/82.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-26 - Public accommodations, disability discrimination › Section 162-26-080 - Reasonable accommodation

Current through Register Vol. 24-14, July 15, 2024
(1)
Unfair practice to not accommodate.
It is an unfair practice for a
		  person in the operation of a place of public accommodation to fail or refuse to
		  make reasonable accommodation to the known physical, sensory, or mental
		  limitations of a person with a disability or to the use of a trained dog guide
		  or service animal by a disabled person, when same service would prevent the
		  person from fully enjoying the place of public accommodation.
(2)
Determining reasonableness.
Whether a possible accommodation is reasonable or not depends on the cost of
		  making the accommodation, the size of the place of public accommodation, the
		  availability of staff to make the accommodation, the importance of the service
		  to the person with a disability, and other factors bearing on reasonableness in
		  the particular situation.
(3)
Carrying not favored.
Carrying a mobility-impaired person is not
		  required by law and is not an acceptable accommodation, except in rare
		  circumstances. Carrying should be done only when there is no other way for the
		  mobility-impaired person to use the facility and when it is agreeable to the
		  person with a disability.
(4)
"Arranged service."
The concept of "arranged service," as formerly
		  defined in commission rules, is incorporated fully within the scope of
		  reasonable accommodation.
Statutory Authority:
			  RCW
			  49.60.120(3). 99-15-025,
			  §
										162-26-080, filed 7/12/99,
			  effective 8/12/99. Statutory Authority:
			  RCW
			     49.60.120(3) and 1997 c 271.
			  98-08-035, §
										162-26-080, filed 3/23/98,
			  effective 4/23/98. Statutory Authority:
			  RCW
			  49.60.120(3). 83-02-012
			  (Order 43), §
										162-26-080, filed
			  12/23/82.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-26 - Public accommodations, disability discrimination › Section 162-26-100 - Structural barriers to accessibility

Current through Register Vol. 24-14, July 15, 2024
(1)
Laws requiring
		  accessibility.
The commission enforces the law against discrimination,
		  chapter
		  49.60 RCW, not other state
		  or federal laws. The commission provides the following references as guidance
		  to places of public accommodation. The principal laws requiring that places of
		  public accommodation be made accessible include, but are not limited to:
(a) The Washington State Building
		  Code.
(b)Chapter 219, Laws of 1971
		  ex. sess.
(c)Chapter 35, Laws of
		  1967.
(d)RCW
		     35.68.075.
(e) United States law; including The
		  Americans with Disabilities Act of 1990, codified at
		  42 U.S.C.
		  12101 et seq., the Rehabilitation Act of
		  1973, and the Federal Fair Housing Act.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-26 - Public accommodations, disability discrimination › Section 162-26-110 - Behavior causing risk

Current through Register Vol. 24-14, July 15, 2024
(1)
Proviso interpreted.
This section interprets the following proviso
		  of RCW
		     49.60.215:
"Provided, That behavior or
			actions constituting a risk to property or other persons can be grounds for
			refusal and shall not constitute an unfair practice."
(2)
General rule.
It is not an
		  unfair practice under
		  RCW
		     49.60.215 to deny a person service in a place
		  of public accommodation because that person's behavior or actions constitute a
		  risk to property or other persons.
(3)
Individual judgment
		  required.
To come within this exception, the denial of service must be
		  based on knowledge of the present behavior or actions of the individual who is
		  not served. It is an unfair practice to exclude all persons who have a
		  disability or who have a particular disability unless the operator of the place
		  of public accommodation can show that all persons with the disability will
		  present a risk to persons or property.
(4)
Likelihood of injury.
Risk
		  to property or other persons must be immediate and likely, not remote or
		  speculative.
(5)
Degree of
		  risk.
Risk of injury to persons may be given more weight than risk of
		  injury to property. Risk of severe injury may be given more weight than risk of
		  slight injury.
(6)
Risk to
		  person with a disability.
Risk to the person with a disability is not a
		  reason to deny service. Law other than the law against discrimination governs
		  liability for injury to customers with a disability. The law against
		  discrimination affects tort liability only insofar as it includes persons with
		  a disability within the public for which public accommodations must be made
		  safe.
(7)
Annoyance to staff
		  or other customers.
Annoyance on the part of staff or customers of the
		  place of public accommodation at the abnormal appearance or behavior of a
		  person with a disability is not a "risk to property or other persons"
		  justifying nonservice.
(8)
Least discriminatory solution required.
It is an unfair practice
		  to deny a person with a disability the enjoyment of an entire place of public
		  accommodation because the person presents a risk of injury when using part of
		  the place. When risk justifies not serving a person with a disability in the
		  same way or same place as other customers, the person should be served through
		  reasonable accommodation (WAC
		  162-26-060,
		  162-26-080), if
		  possible.
Statutory Authority:
			  RCW
			  49.60.120(3). 99-15-025,
			  §
										162-26-110, filed 7/12/99,
			  effective 8/12/99. Statutory Authority:
			  RCW
			     49.60.120(3) and 1997 c 271.
			  98-08-035, §
										162-26-110, filed 3/23/98,
			  effective 4/23/98. Statutory Authority:
			  RCW
			  49.60.120(3). 82-19-086
			  (Order 41), §
										162-26-110, filed
			  9/22/82.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-26 - Public accommodations, disability discrimination › Section 162-26-120 - Requirements of other law

Current through Register Vol. 24-14, July 15, 2024
(1)
Guidance.
Failure to meet requirements of related law protecting
		  persons with disabilities in places of public accommodation may be evidence of
		  an unfair practice under
		  RCW
		     49.60.215. The commission may refer to
		  standards established in related law for guidance in determining whether an
		  unfair practice under
		  RCW
		     49.60.215 has occurred.
(2)
References to selected laws.
Related law may include, but is not limited to:
(a)Chapter 28A.13 RCW (education for
		  handicapped children);
(b) Sections
		  503 and 504 of the United States Rehabilitation Act of 1973,  29 U.S.C. §§
										793 and 794;
(c)Chapter 70.84 RCW, the "white cane
		  law";
(d)Chapter 2.42 RCW (Interpreters in legal
		  proceedings);
(e) The Washington
		  State Building Code;
(f) The
		  Americans with Disabilities Act of 1990;
(g) The Individuals with Disabilities
		  Education Act;
(h) The Air Carriers
		  Access Act;
(i) The Federal Fair
		  Housing Act.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-26 - Public accommodations, disability discrimination › Section 162-26-130 - Use of trained dog guide or service animal

Current through Register Vol. 24-14, July 15, 2024
(1)
Coverage of
		  statute.
RCW    49.60.215 requires fair service in a place of public accommodation "regardless of . . .
		  the use of a trained dog guide or service animal by a disabled person . . ." as
		  well as because of disability itself.
(2)
Same rules apply.
All of the
		  rules of this chapter with respect to disability itself apply equally to
		  service of a person with a disability who is using a trained dog guide or
		  service animal. See particularly WAC
		  162-26-060 and
		  162-26-070.
Statutory Authority:
			  RCW
			  49.60.120(3) and 1997 c 271.
			  98-08-035, §
										162-26-130, filed 3/23/98,
			  effective 4/23/98. Statutory Authority:
			  RCW
			  49.60.120(3). 82-19-086
			  (Order 41), §
										162-26-130, filed
			  9/22/82.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-26 - Public accommodations, disability discrimination › Section 162-26-135 - Removal of a dog guide or service animal

Current through Register Vol. 24-14, July 15, 2024
(1)
General rule.
It is an
		  unfair practice for a place of public accommodation to ask that a trained dog
		  guide or service animal be removed, unless that place of public accommodation
		  can show that the presence, behavior or actions of that dog guide or service
		  animal constitutes an unreasonable risk of injury or harm to property or other
		  persons.
It is an unfair practice to remove a trained dog guide or service
			animal from the entire place of public accommodation because the dog guide or
			service animal presents a risk of injury or harm when in part of the place of
			public accommodation.
(2)
Assessing risk of injury or harm.
(a) Risk to property or other persons must be
		  immediate or reasonably foreseeable under the circumstances, not remote or
		  speculative. Risk to persons may be given more weight than risk to property.
		  Risk of severe injury or harm may be given more weight than risk of slight
		  injury or harm. For example, a barber excludes a patron's dog guide because;
		  "It might bite somebody -- I don't allow any dogs in here." This is
not
"reasonably foreseeable risk" justifying removal of the dog
		  guide.
(b) Annoyance on the part of
		  staff or other customers of the place of public accommodation at the presence
		  of the dog guide or service animal is not an unreasonable "risk to property or
		  other persons" justifying the removal of the dog guide or service
		  animal.
(c) Risk of injury or harm
		  to the dog guide or service animal is not a reason for a place of public
		  accommodation to exclude the animal. The decision whether to bring the animal
		  into a place of public accommodation under such circumstances most properly
		  rests with the person with a disability using the dog guide or service
		  animal.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-26 - Public accommodations, disability discrimination › Section 162-26-140 - Unfair to request or require waiver of rights

Current through Register Vol. 24-14, July 15, 2024
This section is intended to prohibit waivers on the basis of
			disability, but is not intended to preclude waivers required on a
			nondiscriminatory basis.
(1) It is an
		  unfair practice for any person to request or require another person to waive
		  rights or hold anyone harmless as a condition of the use or enjoyment of a
		  place of public accommodation by a disabled person.
(2) It is an unfair practice to request or
		  require another person to waive rights or hold anyone harmless as a condition
		  of the use or enjoyment of a place of public accommodation by a disabled person
		  using a dog guide or service animal.
Statutory Authority:
			  RCW
			  49.60.120(3). 99-15-025,
			  §
										162-26-140, filed 7/12/99,
			  effective 8/12/99. Statutory Authority:
			  RCW
			     49.60.120(3) and 1997 c 271.
			  98-08-035, §
										162-26-140, filed 3/23/98,
			  effective 4/23/98. Statutory Authority:
			  RCW
			  49.60.120(3). 83-02-012
			  (Order 43), §
										162-26-140, filed
			  12/23/82.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-28 - Public schools - Equal education - Equal rights - National origin minority group children › Section 162-28-030 - Schools are places of public accommodation

Current through Register Vol. 24-14, July 15, 2024
(1) All public and private schools and other
		  educational facilities in the state of Washington, except those operated or
		  maintained by a bona fide religious or sectarian institution, are "places of
		  public resort, accommodation, assemblage or amusement" for purposes of the
		  Washington state law against discrimination,
		  chapter
		  49.60 RCW.
(2) 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,
			"race, creed, color, national origin, sex, 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
			   49.60.215).
(3) Except for conditions and limitations
		  established by law and applicable to all persons, regardless of protected
		  status, it is an unfair practice under
		  RCW
		     49.60.215 for public and private schools or
		  educational facilities or their agents or employees, on the basis of protected
		  status, to:
(a) Commit any act which directly
		  or indirectly results in any distinction, restriction or
		  discrimination;
(b) Require any
		  person to pay a larger sum than the uniform rates charged other
		  persons;
(c) Refuse or withhold
		  from any person the admission, patronage, custom, presence, frequenting,
		  dwelling, staying, or lodging in a place of public accommodation.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-28 - Public schools - Equal education - Equal rights - National origin minority group children › Section 162-28-040 - English language limitations and national origin discrimination

Current through Register Vol. 24-14, July 15, 2024
It is an unfair practice for public and private schools to fail
			or refuse to provide equal educational opportunity to children who are
			deficient in English language skills because of their national origin. Schools
			attended by such children shall meet the following standards:
(1) Where inability to speak and understand
		  the English language excludes children based on national origin from effective
		  participation, the district must take steps to ensure all programs and
		  activities do not bar such students from fully participating.
(2) The steps taken under part (1) shall
		  build competency in the English language without detriment to the children's
		  skills in other languages, and without impairing or suppressing the children's
		  cultural identity and heritage. The steps may include bilingual education. The
		  appropriateness of particular steps to be taken will depend in part on the
		  number of children who require this service.
(3) Students who are deficient in English
		  language skills because of their national origin must not be assigned to
		  special education classes for students with mental or other disabilities solely
		  on the basis of criteria which essentially measure or evaluate English language
		  skills; nor may school districts deny children based on their national origin
		  access to college preparatory courses on a basis directly related to the
		  failure of the school system to address English language
		  deficiencies.
(4) Any ability
		  grouping or tracking system employed by the school system to deal with the
		  special language skill needs of children based on their national origin must be
		  designed to meet such language skill needs as soon as possible and must not
		  operate as an educational deadend or permanent track.
(5) School districts have the responsibility
		  to adequately notify parents, regardless of their national origin, of school
		  activities which are called to the attention of other parents. In order to be
		  adequate, such notice may have to be provided in a language other than
		  English.
Statutory Authority:
			  RCW
			  49.60.120(3). 00-01-177,
			  §
										162-28-040, filed 12/21/99,
			  effective 1/21/00; Order 17, §
										162-28-040, filed
			  6/28/74.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-30 - Sex discrimination › Section 162-30-010 - General purpose and scope

Current through Register Vol. 24-14, July 15, 2024
The general purpose of the law against discrimination in
			employment because of sex is to equalize employment opportunity for men and
			women. This chapter interprets and implements the sex discrimination protection
			of RCW
			   49.60.180, and provides guidance regarding
			certain specific forms of sex discrimination.
Statutory Authority:
			  RCW
			  49.60.120(3). 99-15-025,
			  §
										162-30-010, filed 7/12/99,
			  effective 8/12/99; Order 9, §
										162-30-010, filed
			  9/23/71.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-30 - Sex discrimination › Section 162-30-020 - Pregnancy, childbirth, and pregnancy related conditions

Current through Register Vol. 24-14, July 15, 2024
(1)
Purposes.
The overall
		  purpose of the law against discrimination in employment because of sex is to
		  equalize employment opportunity for men and women. This regulation explains how
		  the law applies to employment practices that disadvantage women because of
		  pregnancy or childbirth.
(2)
Findings and definitions.
Pregnancy is an expectable incident in
		  the life of a woman. Discrimination against women because of pregnancy or
		  childbirth lessens the employment opportunities of women.
(a) "Pregnancy" includes, but is not limited
		  to, pregnancy, the potential to become pregnant, and pregnancy related
		  conditions.
(b) "Pregnancy related
		  conditions" include, but are not limited to, related medical conditions,
		  miscarriage, pregnancy termination, and the complications of
		  pregnancy.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-32 - Sexual orientation and gender identity › Section 162-32-010 - General purpose and scope

Current through Register Vol. 24-14, July 15, 2024
This chapter interprets and implements the sexual orientation
			and gender expression and gender identity discrimination protections of
			RCW
			   49.60.030,
			49.60.180, and
			49.60.215 and provides guidance
			regarding certain specific forms of sexual orientation and gender expression
			and gender identity discrimination.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-32 - Sexual orientation and gender identity › Section 162-32-020 - Leave policies and reasonable accommodation

Current through Register Vol. 24-14, July 15, 2024
(1)
Leave
. When an employer
		  grants leave or time off of work to employees for medical or health reasons,
		  the employer shall treat leave requests to address medical or health care needs
		  related to an individual's gender expression or gender identity in the same
		  manner as requests for all other medical conditions. For example:
(a) If an employer provides paid sick leave
		  for periods of disability that require medical leave, the employer must provide
		  paid sick leave for periods of disability related to an individual's gender
		  expression or gender identity that require medical leave;
(b) If the employer's policy requires a
		  medical provider's statement to verify the leave period as a reasonable
		  accommodation, a medical provider's statement may be required to verify the
		  leave period as a reasonable accommodation when the disabling condition is
		  related to the individual's gender expression or gender identity, however, an
		  employer may not inquire if the leave is related to gender expression or gender
		  identity or gender transition, nor can the employer require that the note
		  specify if the leave is related to gender expression or gender identity or
		  gender transition;
(c) If the
		  employer's policy permits the retention and accrual of benefits, such as
		  seniority, retirement, and pension rights, during the leave period for other
		  disabilities, the policy must also permit such accrual of benefits during leave
		  for disabling conditions related to an individual's gender expression or gender
		  identity;
(d) If an employer allows
		  an employee to use shared leave for disabling conditions, the employer must
		  apply the same policies and procedures for disabling conditions related to an
		  individual's gender expression or gender identity.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-32 - Sexual orientation and gender identity › Section 162-32-030 - Employee benefits and privileges

Current through Register Vol. 24-14, July 15, 2024
(1)
Consistent and equal basis.
Employee benefits provided in whole or in part by an employer must be
		  consistent between all employees and equal for all employees, regardless of the
		  employee's sexual orientation or gender expression or gender identity. For
		  example, it is an unfair practice to:
(a)
		  Provide health insurance coverage to an employee's opposite/different sex
		  spouse but to fail to provide health insurance coverage to an employee's same
		  sex spouse (except in situations where such a rule is prohibited or pre-empted
		  by federal law.)
(b) Provide
		  parental leave or bonding time for the father of a child newly born or adopted
		  into a heterosexual relationship, but fail to provide the same parental leave
		  or bonding time to the parent of a child newly born or adopted into a same-sex
		  relationship.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-32 - Sexual orientation and gender identity › Section 162-32-040 - Harassment

Current through Register Vol. 24-14, July 15, 2024
(1)
Harassment.
Harassment based on an individual's sexual orientation
		  or gender expression or gender identity is prohibited. Sexual orientation or
		  gender expression or gender identity harassment in employment is offensive and
		  unwelcome behavior serious enough to affect the terms and conditions of
		  employment and which occurred because of an individual's sexual orientation or
		  gender expression or gender identity, and can be imputed to the
		  employer.
(2)
Prohibited
		  conduct.
Prohibited conduct may include, but is not limited to, the
		  following:
(a) Asking unwelcome personal
		  questions about an individual's sexual orientation, gender expression or gender
		  identity, transgender status, or sex assigned at birth;
(b) Intentionally causing distress to an
		  individual by disclosing the individual's sexual orientation, gender expression
		  or gender identity, transgender status, or sex assigned at birth against his or
		  her wishes;
(c) Using offensive
		  names, slurs, jokes, or terminology regarding an individual's sexual
		  orientation or gender expression or gender identity;
(d) The deliberate misuse of an individual's
		  preferred name, form of address, or gender-related pronoun (except on legally
		  mandated documentation, if the individual has not officially obtained a name
		  change);
(e) Posting offensive
		  pictures or sending offensive electronic or other communications;
(f) Unwelcome physical conduct.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-32 - Sexual orientation and gender identity › Section 162-32-050 - Dress and grooming standards

Current through Register Vol. 24-14, July 15, 2024
(1)
Standards allowed.
Covered
		  entities may require standards of dress or grooming that serve a reasonable
		  business or institutional purpose, such as promoting safety, developing a
		  company identity, or projecting a professional, positive public
		  image.
(2)
Prohibited
		  standards.
Covered entities cannot require an individual to dress or
		  groom in a manner that is not consistent with that individual's gender
		  expression or gender identity.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-32 - Sexual orientation and gender identity › Section 162-32-060 - Gender-segregated facilities

Current through Register Vol. 24-14, July 15, 2024
(1)
Facility use.
All covered entities shall allow individuals the
		  use of gender-segregated facilities, such as restrooms, locker rooms, dressing
		  rooms, and homeless or emergency shelters, that are consistent with that
		  individual's gender expression or gender identity.
In such facilities where undressing in the presence of others
			occurs, covered entities shall allow access to and use of a facility consistent
			with that individual's gender expression or gender identity.
(2)
Cannot require use inconsistent
		  with gender expression or gender identity.
A covered entity shall not
		  request or require an individual to use a gender-segregated facility that is
		  inconsistent with that individual's gender expression or gender identity, or
		  request or require an individual to use a separate or gender-neutral facility.
(a) If another person expresses concern or
		  discomfort about a person who uses a facility that is consistent with the
		  person's gender expression or gender identity, the person expressing discomfort
		  should be directed to a separate or gender-neutral facility, if
		  available.
(b) Any action taken
		  against a person who is using a restroom or other gender-segregated facility,
		  such as removing a person, should be taken due to that person's actions or
		  behavior while in the facility, and must be unrelated to gender expression or
		  gender identity. The same standards of conduct and behavior must be
		  consistently applied to all facility users, regardless of gender expression or
		  gender identity.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-36 - Real estate transactions › Section 162-36-001 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Brokerage
		  services" means access to or membership or participation in a multiple-listing
		  service, real estate brokers' organization or other service, organization, or
		  facility relating to the business of selling or renting dwellings;
(2) "Dwelling" means any building, structure
		  or portion thereof that is occupied as, or designed or intended for occupancy
		  as, a residence by one or more families, and any vacant land that is offered
		  for sale or lease for the construction or location thereon of any such
		  building, structure, or portion thereof;
(3) "Families with children status" means one
		  or more individuals who have not attained the age of eighteen years being
		  domiciled with a parent or another person having legal custody of such
		  individual or individuals, or with the designee of such parent or other person
		  having such legal custody, with the written permission of such parent or other
		  person. Families with children status also applies to any person who is
		  pregnant or is in the process of securing legal custody of any individual who
		  has not attained the age of eighteen years;
(4) "Real estate transaction" includes the
		  sale, appraisal, brokering, exchange, purchase, rental, or lease of real
		  property; transacting or applying for a real estate loan; the provision of
		  brokerage services; or the making or purchasing of loans secured by residential
		  real estate;
(5) "Real property"
		  includes buildings, structures, dwellings, real estate, land, tenements,
		  leaseholds, interests in real estate cooperatives, condominiums, and
		  hereditaments, corporeal and incorporeal, or any interest therein;
(6) "Unfair practices on the basis of creed"
		  or "discrimination on the basis of creed" includes, but is not limited to
		  religious discrimination under the federal Fair Housing Amendments Act of
		  1988.
(7) "'Dog guide' means a dog
		  that is trained for the purpose of guiding blind persons or a dog that is
		  trained for the purpose of assisting hearing impaired persons."
(8) "'Service animal' means an animal that is
		  trained for the purpose of assisting or accommodating a disabled person's
		  sensory, mental, or physical disability."
Statutory Authority:
			  RCW
			  49.60.120(3) and 1997 c 271.
			  98-08-035, §
										162-36-001, filed 3/23/98,
			  effective 4/23/98. Statutory Authority:
			  RCW
			     49.60.120(3) and
			  49.60.240. 96-13-045, §
										162-36-001, filed 6/13/96,
			  effective 7/14/96.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-36 - Real estate transactions › Section 162-36-005 - Discrimination

Current through Register Vol. 24-14, July 15, 2024
(1) It is an unfair
		  practice for any person, whether acting for himself, herself, or another,
		  because of sex, sexual orientation, gender expression or gender identity,
		  marital status, race, creed, color, national origin, families with children
		  status, the presence of any sensory, mental, or physical disability, or the use
		  of a trained dog guide or service animal by a disabled person:
(a) To refuse to engage in a real estate
		  transaction with a person;
(b) To
		  discriminate against a person in the terms, conditions, or privileges or a real
		  estate transaction or in the furnishing of facilities or services in connection
		  therewith;
(c) To refuse to receive
		  or to fail to transmit a bona fide offer to engage in a real estate transaction
		  from a person;
(d) To refuse to
		  negotiate for a real estate transaction with a person;
(e) To represent to a person that real
		  property is not available for inspection, sale, rental, or lease when in fact
		  it is so available, or to fail to bring a property listing to his or her
		  attention, or to refuse to permit the person to inspect real
		  property;
(f) To discriminate in
		  the sale or rental, or to otherwise make unavailable or deny a dwelling, to any
		  person; or to a person residing in or intending to reside in that dwelling
		  after it is sold, rented, or made available; or to any person associated with
		  the person buying or renting;
(g)
		  To make, print, publish, circulate, post, mail, or cause to be so made or
		  published a statement, advertisement, or sign, or to use a form of application
		  for a real estate transaction, or to make a record or inquiry in connection
		  with a prospective real estate transaction, which indicates, directly or
		  indirectly, an intent to make a limitation, specification, or discrimination
		  with respect thereto;
(h) To offer,
		  solicit, accept, use, or retain listing of real property with the understanding
		  that a person may be discriminated against in a real estate transaction or in
		  the furnishing of facilities or services in connection therewith;
(i) To expel a person from occupancy of real
		  property;
(j) To discriminate in
		  the course of negotiating, executing, or financing a real estate transaction
		  whether by mortgage, deed of trust, contract, or other instrument imposing a
		  lien or other security in real property, or in negotiating or executing any
		  item or service related thereto including issuance of title insurance, mortgage
		  insurance, loan guarantee, or other aspect of the transaction. Nothing in this
		  section shall limit the effect of
		  RCW
		     49.60.176 relating to unfair practices in
		  credit transactions;
(k) To attempt
		  to do any of the unfair practices defined in this chapter or
		  chapter
		  49.60 RCW.