title: RCW 49.60.180

text:
It is an unfair practice for any employer:
(1) To refuse to hire any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification: PROVIDED, That the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved: PROVIDED, That this section shall not be construed to require an employer to establish employment goals or quotas based on sexual orientation.
(2) To discharge or bar any person from employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.
(3) To discriminate against any person in compensation or in other terms or conditions of employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability: PROVIDED, That it shall not be an unfair practice for an employer to segregate washrooms or locker facilities on the basis of sex, or to base other terms and conditions of employment on the sex of employees where the commission by regulation or ruling in a particular instance has found the employment practice to be appropriate for the practical realization of equality of opportunity between the sexes.
(4) To print, or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification: PROVIDED, Nothing contained herein shall prohibit advertising in a foreign language.
[ 2020 c 52 s 10; 2007 c 187 s 9; 2006 c 4 s 10; 1997 c 271 s 10; 1993 c 510 s 12; 1985 c 185 s 16; 1973 1st ex.s. c 214 s 6; 1973 c 141 s 10; 1971 ex.s. c 81 s 3; 1961 c 100 s 1; 1957 c 37 s 9. Prior: 1949 c 183 s 7, part; Rem. Supp. 1949 s 7614-26, part.]
Notes:
Severability—1993 c 510: See note following RCW 49.60.010.
Effective date—1971 ex.s. c 81: See note following RCW 49.60.120.
Element of age not to affect apprenticeship agreements: RCW 49.04.910.
Employment rights of persons serving in uniformed services: RCW 73.16.032.
Labor—Prohibited practices: Chapter 49.44 RCW.
Unfair practices in employment because of age of employee or applicant: RCW 49.44.090.

catchline: Unfair practices of employers.


doc_type: statute

jurisdiction: wa

title: RCW 49.60.190

text:
It is an unfair practice for any labor union or labor organization:
(1) To deny membership and full membership rights and privileges to any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.
(2) To expel from membership any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.
(3) To discriminate against any member, employer, employee, or other person to whom a duty of representation is owed because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.
[ 2020 c 52 s 11; 2007 c 187 s 10; 2006 c 4 s 11; 1997 c 271 s 11; 1993 c 510 s 13; 1985 c 185 s 17; 1973 1st ex.s. c 214 s 8; 1973 c 141 s 11; 1971 ex.s. c 81 s 4; 1961 c 100 s 2; 1957 c 37 s 10. Prior: 1949 c 183 s 7, part; Rem. Supp. 1949 s 7614-26, part.]
Notes:
Severability—1993 c 510: See note following RCW 49.60.010.
Effective date—1971 ex.s. c 81: See note following RCW 49.60.120.
Element of age not to affect apprenticeship agreements: RCW 49.04.910.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Unfair practices of labor unions.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 49.60.200

text:
It is an unfair practice for any employment agency to fail or refuse to classify properly or refer for employment, or otherwise to discriminate against, an individual because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or to print or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification or discrimination as to age, sex, race, sexual orientation, creed, color, or national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification: PROVIDED, Nothing contained herein shall prohibit advertising in a foreign language.
[ 2020 c 52 s 12; 2007 c 187 s 11; 2006 c 4 s 12; 1997 c 271 s 12; 1993 c 510 s 14; 1973 1st ex.s. c 214 s 9; 1973 c 141 s 12; 1971 ex.s. c 81 s 5; 1961 c 100 s 3; 1957 c 37 s 11. Prior: 1949 c 183 s 7, part; Rem. Supp. 1949 s 7614-26, part.]
Notes:
Severability—1993 c 510: See note following RCW 49.60.010.
Effective date—1971 ex.s. c 81: See note following RCW 49.60.120.
Element of age not to affect apprenticeship agreements: RCW 49.04.910.
Fraud by employment agent: RCW 49.44.050.

catchline: Unfair practices of employment agencies.


title: RCW 49.60.205

text:
No person shall be considered to have committed an unfair practice on the basis of age discrimination unless the practice violates RCW 49.44.090. It is a defense to any complaint of an unfair practice of age discrimination that the practice does not violate RCW 49.44.090.
[ 1993 c 510 s 15; 1985 c 185 s 28.]
Notes:
Severability—1993 c 510: See note following RCW 49.60.010.

catchline: Age discrimination—Limitation.


title: RCW 49.60.208

text:
It is an unfair practice for an employer to:
(1) Require an employee to disclose his or her sincerely held religious affiliation or beliefs, unless the disclosure is for the purpose of providing a religious accommodation at the request of the employee; or
(2) Require or authorize an employee to disclose information about the religious affiliation of another employee, unless the individual whose religious affiliation will be disclosed (a) expressly consents to the disclosure, and (b) has knowledge of the purpose for the disclosure.
[ 2018 c 303 s 2.]

catchline: Unfair practice—Religious affiliation disclosure.


title: RCW 49.60.210

text:
(1) It is an unfair practice for any employer, employment agency, labor union, or other person to discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden by this chapter, or because he or she has filed a charge, testified, or assisted in any proceeding under this chapter.
(2) It is an unfair practice for a government agency or government manager or supervisor to retaliate against a whistleblower as defined in chapter 42.40 RCW.
(3) It is an unfair practice for any employer, employment agency, labor union, government agency, government manager, or government supervisor to discharge, expel, discriminate, or otherwise retaliate against an individual assisting with an office of fraud and accountability investigation under RCW 74.04.012, unless the individual has willfully disregarded the truth in providing information to the office.
[ 2011 1st sp.s. c 42 s 25; 1992 c 118 s 4; 1985 c 185 s 18; 1957 c 37 s 12. Prior: 1949 c 183 s 7, part; Rem. Supp. 1949 s 7614-26, part.]
Notes:
Findings—Intent—Effective date—2011 1st sp.s. c 42: See notes following RCW 74.08A.260.
Finding—2011 1st sp.s. c 42: See note following RCW 74.04.004.

catchline: Unfair practices—Discrimination against person opposing unfair practice—Retaliation against whistleblower.


title: RCW 49.60.212

text:
(1) This section applies only where a domestic worker is not afforded protections from the actions of a hiring entity under RCW 49.60.180.
(2)(a) It is an unfair practice for any hiring entity to discriminate against a domestic worker in compensation because of the domestic worker's age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.
(b) It is an unfair practice for any hiring entity to discharge a domestic worker from employment because of the domestic worker's age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.
(3) The complaint process under RCW 49.60.230 through 49.60.280 is not available for unfair practices under this section. A domestic worker injured by a violation of this section may file a civil action under RCW 49.60.030(2).
(4) For purposes of this section:
(a) "Domestic worker" has the same meaning as defined in RCW 49.96.010, as limited by other applicable definitions in RCW 49.96.010, including but not limited to "casual labor" and "family member." "Domestic worker" does not include an employee, as defined in this chapter, who is otherwise afforded protections by RCW 49.60.180.
(b) "Hiring entity" has the same meaning as defined in RCW 49.96.010.
[ 2026 c 15 s 15.]
Notes:
Effective date—2026 c 15: See note following RCW 49.96.010.

catchline: Unfair practice—Discrimination against domestic workers. (Effective July 1, 2027.)


title: RCW 49.60.214

text:
(1) It shall be a civil infraction under chapter 7.80 RCW for any person to misrepresent an animal as a service animal or service animal trainee. A violation of this section occurs when a person:
(a) Expressly or impliedly represents that an animal is a service animal or service animal trainee for the purpose of securing the rights or privileges afforded disabled persons accompanied by service animals set forth in state or federal law; and
(b) Knew or should have known that the animal in question did not meet the definition of a service animal or service animal trainee.
(2)(a) An enforcement officer as defined under RCW 7.80.040 may investigate and enforce this section by making an inquiry of the person accompanied by the animal in question and issuing a civil infraction. Refusal to answer the questions allowable under (b) of this subsection shall create a presumption that the animal is not a service animal or service animal trainee and the enforcement officer may issue a civil infraction and require the person to remove the animal from the place of public accommodation.
(b) An enforcement officer or place of public accommodation shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal or service animal trainee. An enforcement officer or place of public accommodation may ask if the animal is required because of a disability and what work or task the animal has been trained or is in training to perform. An enforcement officer or place of public accommodation shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, or require that the service animal demonstrate its task. Generally, an enforcement officer or place of public accommodation may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for a person with a disability, such as a dog is observed guiding a person who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to a person with an observable mobility disability.
[ 2024 c 161 s 2; 2018 c 176 s 4.]
Notes:
Declaration—Finding—Purpose—Effective date—2018 c 176: See notes following RCW 49.60.215.

catchline: Misrepresentation of an animal as a service animal—Civil infraction—Investigation and enforcement.


title: RCW 49.60.215

text:
(1) It shall be an unfair practice for any person or the person's agent or employee to:
(a) Commit an 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 any place of public resort, accommodation, assemblage, or amusement.
(2) Notwithstanding subsection (1) of this section, a person or the person's agent or employee may enforce conditions and limitations established by law and applicable to all persons, regardless of race, creed, color, national origin, citizenship or immigration status, sexual orientation, sex, honorably discharged veteran or military status, status as a mother breastfeeding her child, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability: PROVIDED, That this section shall not be construed to require structural changes, modifications, or additions to make any place accessible to a person with a disability except as otherwise required by law: 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.
(3) A place of public accommodation must make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability in accordance with RCW 49.60.040(25) if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability. In determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a facility, a place of public accommodation must act in accordance with all applicable laws and regulations.
(4) If a place of public accommodation customarily charges a person for damages that the person causes to the place, the place may charge a service animal trainer for damages that a service animal trainee causes to the place.
(5) A service animal trainer must maintain control of a service animal trainee. Except as provided in this subsection, control must be exerted by means of a harness, leash, or other tether. If the use of a harness, leash, or other tether would interfere with the ability of the animal to do the work or perform the tasks for which the animal is being trained, control may be exerted by the effective use of voice commands, signals, or other means. If an animal is not under control as required in this subsection, a place of public accommodation may consider the animal to be out of control for purposes of subsection (6) of this section.
(6)(a) Except as provided in this subsection, a place of public accommodation may not deny a service animal trainer the right to be accompanied by a service animal trainee in any area of the place that is open to the public or to business invitees. A place of public accommodation may require a service animal trainer to remove a service animal trainee if:
(i) The animal is not trained to urinate and defecate outside of the facility or only in an appropriate place; or
(ii) The animal is out of control and effective action is not taken to control the animal.
(b) A place of public accommodation may impose legitimate requirements necessary for the safe operation of the place of public accommodation. The place of public accommodation must ensure that the safety requirements are based on actual risks, not on speculation, stereotypes, or generalizations about persons with disabilities.
(c) A place of public accommodation may post signage indicating the misrepresentation of an animal as a service animal or service animal trainee may result in a civil infraction of up to $500 pursuant to chapter 7.80 RCW.
(7) A place of public accommodation must make reasonable modifications as necessary to allow an opportunity for a person with a disability who is benefited by the use of a dog guide or service animal to obtain goods, services, and the use of the advantages, facilities, and privileges of the place. For purposes of this subsection, except as provided in subsection (6) of this section, in addition to any other applicable accommodation requirement, allowing the presence of the service animal is a reasonable modification.
(8) A place of public accommodation is not required to provide care or supervision for a service animal or service animal trainee.
(9) The protection granted under this section to a person with a disability or service animal trainer does not invalidate or limit the remedies, rights, and procedures of any other federal, state, or local laws that provide equal or greater protection of the rights of a person with a disability, service animal trainer, or individuals associated with a person with a disability.
[ 2024 c 161 s 3; 2020 c 52 s 13; 2018 c 176 s 3; 2011 c 237 s 1; 2009 c 164 s 2; 2007 c 187 s 12; 2006 c 4 s 13; 1997 c 271 s 13; 1993 c 510 s 16. Prior: 1985 c 203 s 1; 1985 c 90 s 6; 1979 c 127 s 7; 1957 c 37 s 14.]
Notes:
Declaration—Finding—Purpose—2018 c 176: "The legislature declares that service animals that are properly trained to assist persons with disabilities play a vital role in establishing independence for such persons. There are an increasing number of occurrences where people intentionally or mistakenly represent their pet, therapy animal, or emotional support animal to be a service animal and attempt to bring the animal into a place that it would otherwise not be allowed to enter. Federal and state laws require places of public accommodation, including food establishments, to allow an animal that is presented as a service animal into a place of public accommodation; these same places of public accommodation face a dilemma when someone enters the premises and intentionally misrepresents his or her animal as a service animal. The legislature finds that the misrepresentation of an animal as a service animal trained to perform specific work or tasks constitutes a disservice both to persons who rely on the use of legitimate service animals, as well as places of public accommodation and their patrons. The purpose of this act is to penalize the intentional misrepresentation of a service animal, which delegitimizes the genuine need for the use of service animals and makes it harder for persons with disabilities to gain unquestioned acceptance of their legitimate, properly trained, and essential service animals." [ 2018 c 176 s 1.]
Effective date—2018 c 176: "This act takes effect January 1, 2019." [ 2018 c 176 s 7.]
Severability—1993 c 510: See note following RCW 49.60.010.
Denial of civil rights: RCW 9.91.010.

catchline: Unfair practices of places of public resort, accommodation, assemblage, amusement—Trained dog guides and service animals—Miniature horses—Damage caused by service animal trainee—Control of service animal trainee.


title: RCW 49.60.220

text:
It is an unfair practice for any person to aid, abet, encourage, or incite the commission of any unfair practice, or to attempt to obstruct or prevent any other person from complying with the provisions of this chapter or any order issued thereunder.
[ 1957 c 37 s 13. Prior: 1949 c 183 s 7, part; Rem. Supp. 1949 s 7614-26, part.]

catchline: Unfair practice to aid violation.


title: RCW 49.60.222

text:
(1) It is an unfair practice for any person, whether acting for himself, herself, or another, because of sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, families with children status, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability:
(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 of 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, circulate, post, or 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 a 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; or
(k) To attempt to do any of the unfair practices defined in this section.
(2) For the purposes of this chapter discrimination based on the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled includes:
(a) A refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the dwelling, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the dwelling to the condition that existed before the modification, reasonable wear and tear excepted;
(b) To refuse to make reasonable accommodation in rules, policies, practices, or services when such accommodations may be necessary to afford a person with the presence of any sensory, mental, or physical disability and/or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled equal opportunity to use and enjoy a dwelling; or
(c) To fail to design and construct covered multifamily dwellings and premises in conformance with the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.) and all other applicable laws or regulations pertaining to access by persons with any sensory, mental, or physical disability or use of a trained dog guide or service animal. Whenever the requirements of applicable laws or regulations differ, the requirements which require greater accessibility for persons with any sensory, mental, or physical disability shall govern.
Nothing in (a) or (b) of this subsection shall apply to: (i) A single-family house rented or leased by the owner if the owner does not own or have an interest in the proceeds of the rental or lease of more than three such single-family houses at one time, the rental or lease occurred without the use of a salesperson, or a broker as defined in RCW 18.85.011, and the rental or lease occurred without the publication, posting, or mailing of any advertisement, sign, or statement in violation of subsection (1)(g) of this section; or (ii) rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner maintains and occupies one of the rooms or units as his or her residence.
(3) Notwithstanding any other provision of this chapter, it shall not be an unfair practice or a denial of civil rights for any public or private educational institution to separate the sexes or give preference to or limit use of dormitories, residence halls, or other student housing to persons of one sex or to make distinctions on the basis of marital or families with children status.
(4) Except pursuant to subsection (2)(a) of this section, this section shall not be construed to require structural changes, modifications, or additions to make facilities accessible to a person with a disability except as otherwise required by law. Nothing in this section affects the rights, responsibilities, and remedies of landlords and tenants pursuant to chapter 59.18 or 59.20 RCW, including the right to post and enforce reasonable rules of conduct and safety for all tenants and their guests, provided that chapters 59.18 and 59.20 RCW are only affected to the extent they are inconsistent with the nondiscrimination requirements of this chapter. Nothing in this section limits the applicability of any reasonable federal, state, or local restrictions regarding the maximum number of occupants permitted to occupy a dwelling.
(5) Notwithstanding any other provision of this chapter, it shall not be an unfair practice for any public establishment providing for accommodations offered for the full enjoyment of transient guests as defined by RCW 9.91.010(1)(c) to make distinctions on the basis of families with children status. Nothing in this section shall limit the effect of RCW 49.60.215 relating to unfair practices in places of public accommodation.
(6) Nothing in this chapter prohibiting discrimination based on families with children status applies to housing for older persons as defined by the federal fair housing amendments act of 1988, 42 U.S.C. Sec. 3607(b)(1) through (3), as amended by the housing for older persons act of 1995, P.L. 104-76, as enacted on December 28, 1995. Nothing in this chapter authorizes requirements for housing for older persons different than the requirements in the federal fair housing amendments act of 1988, 42 U.S.C. Sec. 3607(b)(1) through (3), as amended by the housing for older persons act of 1995, P.L. 104-76, as enacted on December 28, 1995.
(7) Nothing in this chapter shall apply to real estate transactions involving the sharing of a dwelling unit, or rental or sublease of a portion of a dwelling unit, when the dwelling unit is to be occupied by the owner or subleasor. For purposes of this section, "dwelling unit" has the same meaning as in RCW 59.18.030.
[ 2020 c 52 s 14; 2007 c 187 s 13; 2006 c 4 s 14. Prior: 1997 c 400 s 3; 1997 c 271 s 14; 1995 c 259 s 3; prior: 1993 c 510 s 17; 1993 c 69 s 5; 1989 c 61 s 1; 1979 c 127 s 8; 1975 1st ex.s. c 145 s 1; 1973 c 141 s 13; 1969 ex.s. c 167 s 4.]
Notes:
Effective date—1995 c 259: See note following RCW 49.60.010.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.

catchline: Unfair practices with respect to real estate transactions, facilities, or services.


title: RCW 49.60.223

text:
It is an unfair practice for any person, for profit, to induce or attempt to induce any person to sell or rent any real property by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, creed, color, sex, national origin, citizenship or immigration status, sexual orientation, families with children status, honorably discharged veteran or military status, or with any sensory, mental, or physical disability and/or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled.
[ 2020 c 52 s 15; 2007 c 187 s 14; 2006 c 4 s 15; 1997 c 271 s 15. Prior: 1993 c 510 s 18; 1993 c 69 s 6; 1979 c 127 s 9; 1969 ex.s. c 167 s 5.]
Notes:
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.

catchline: Unfair practice to induce sale or rental of real property by representations regarding entry into neighborhood of persons of particular race, disability, etc.


title: RCW 49.60.2235

text:
It is an unlawful practice to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of, rights regarding real estate transactions secured by RCW 49.60.030, 49.60.040, and 49.60.222 through 49.60.224.
[ 1993 c 69 s 7.]
Notes:
Severability—1993 c 69: See note following RCW 49.60.030.

catchline: Unfair practice to coerce, intimidate, threaten, or interfere regarding secured real estate transaction rights.


title: RCW 49.60.224

text:
(1) Every provision in a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof to individuals of a specified race, creed, color, sex, national origin, citizenship or immigration status, sexual orientation, families with children status, honorably discharged veteran or military status, or with any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled, and every condition, restriction, or prohibition, including a right of entry or possibility of reverter, which directly or indirectly limits the use or occupancy of real property on the basis of race, creed, color, sex, national origin, citizenship or immigration status, sexual orientation, families with children status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled is void.
(2) It is an unfair practice to insert in a written instrument relating to real property a provision that is void under this section or to honor or attempt to honor such a provision in the chain of title.
[ 2020 c 52 s 16; 2007 c 187 s 15; 2006 c 4 s 16; 1997 c 271 s 16; 1993 c 69 s 8; 1979 c 127 s 10; 1969 ex.s. c 167 s 6.]
Notes:
Severability—1993 c 69: See note following RCW 49.60.030.
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.

catchline: Real property contract provisions restricting conveyance, encumbrance, occupancy, or use to persons of particular race, disability, etc., void—Unfair practice.


title: RCW 49.60.225

text:
(1) When a reasonable cause determination has been made under RCW 49.60.240 that an unfair practice in a real estate transaction has been committed and a finding has been made that the respondent has engaged in any unfair practice under RCW 49.60.250, the administrative law judge shall promptly issue an order for such relief suffered by the aggrieved person as may be appropriate, which may include actual damages as provided by the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.), and injunctive or other equitable relief. Such order may, to further the public interest, assess a civil penalty against the respondent:
(a) In an amount up to ten thousand dollars if the respondent has not been determined to have committed any prior unfair practice in a real estate transaction;
(b) In an amount up to twenty-five thousand dollars if the respondent has been determined to have committed one other unfair practice in a real estate transaction during the five-year period ending on the date of the filing of this charge; or
(c) In an amount up to fifty thousand dollars if the respondent has been determined to have committed two or more unfair practices in a real estate transaction during the seven-year period ending on the date of the filing of this charge, for loss of the right secured by RCW 49.60.010, 49.60.030, 49.60.040, and 49.60.222 through 49.60.224, as now or hereafter amended, to be free from discrimination in real property transactions because of sex, marital status, race, creed, color, national origin, citizenship or immigration status, sexual orientation, families with children status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled. Enforcement of the order and appeal therefrom by the complainant or respondent may be made as provided in RCW 49.60.260 and 49.60.270. If acts constituting the unfair practice in a real estate transaction that is the object of the charge are determined to have been committed by the same natural person who has been previously determined to have committed acts constituting an unfair practice in a real estate transaction, then the civil penalty of up to fifty thousand dollars may be imposed without regard to the period of time within which any subsequent unfair practice in a real estate transaction occurred. All civil penalties assessed under this section shall be paid into the state treasury and credited to the general fund.
(2) Such order shall not affect any contract, sale, conveyance, encumbrance, or lease consummated before the issuance of an order that involves a bona fide purchaser, encumbrancer, or tenant who does not have actual notice of the charge filed under this chapter.
(3) Notwithstanding any other provision of this chapter, persons awarded damages under this section may not receive additional damages pursuant to RCW 49.60.250.
[ 2020 c 52 s 17; 2007 c 187 s 16; 2006 c 4 s 17; 1997 c 271 s 17; 1995 c 259 s 4. Prior: 1993 c 510 s 20; 1993 c 69 s 9; 1985 c 185 s 19; 1979 c 127 s 11; 1973 c 141 s 14; 1969 ex.s. c 167 s 7.]
Notes:
Effective date—1995 c 259: See note following RCW 49.60.010.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.

catchline: Relief for unfair practice in real estate transaction—Damages—Penalty.


title: RCW 49.60.226

text:
The commission and units of local government administering ordinances with provisions similar to the real estate provisions of the law against discrimination are authorized and directed to enter into cooperative agreements or arrangements for receiving and processing complaints so that duplication of functions shall be minimized and multiple hearings avoided. No complainant may secure relief from more than one instrumentality of state, or local government, nor shall any relief be granted by any state or local instrumentality if relief has been granted or proceedings are continuing in any federal agency, court, or instrumentality, unless such proceedings have been deferred pending state action.
[ 1985 c 185 s 20; 1969 ex.s. c 167 s 8.]
Notes:
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.

catchline: Cooperative agreements between units of government for processing complaints.


title: RCW 49.60.227

text:
(1)(a) If a written instrument contains a provision that is void by reason of RCW 49.60.224, the owner, occupant, or tenant of the property which is subject to the provision or the homeowners' association board may cause the provision to be stricken from the public records by bringing an action in the superior court in the county in which the property is located. The action shall be an in rem, declaratory judgment action whose title shall be the description of the property. The necessary party to the action shall be the owner, occupant, or tenant of the property or any portion thereof. The person bringing the action shall pay a fee set under RCW 36.18.012.
(b) If the court finds that any provisions of the written instrument are void under RCW 49.60.224, it shall enter an order striking the void provisions from the public records and eliminating the void provisions from the title or lease of the property described in the complaint.
(i) A complete copy of any document affected by the order shall be made an exhibit to the order and the order shall identify each document by recording number and date of recordation and set forth verbatim the void provisions to be struck from such document. The order shall include a certified copy of each document, upon which the court has physically redacted the void provisions.
(ii) The person bringing the action may obtain and deliver a certified copy of the order to the office of the county auditor or, in charter counties, the county official charged with the responsibility for recording instruments in the county records, in the county where the property is located.
(iii) The auditor shall record the documents prepared by the court. An image of each document so corrected shall be placed in the public records. Each corrected document shall contain the following information on the first page or a cover page prepared pursuant to RCW 65.04.047: The auditor's file number or book and page of the original document, a notation that the original document was corrected pursuant to this section, the cause number of the court action, and the date the order was entered.
(iv) The auditor or official shall update the index of each original document referenced in the order with the auditor's file number of the corrected document. Further, the index will note that the original record is no longer the primary official public record and is removed from the chain of title pursuant to the court order.
(v) The original document or image and subsequent records of such actions shall be separately maintained in the county's records and, at the auditor's or official's discretion, the original document or image may also be transferred to the secretary of state archives division to be preserved for historical or archival purposes.
(2)(a) As an alternative to the judicial procedure set forth in subsection (1) of this section, the owner of property subject to a written instrument that contains a provision that is void by reason of RCW 49.60.224 may record a restrictive covenant modification document with the county auditor, or in charter counties the county official charged with the responsibility for recording instruments in the county records, in the county in which the property is located.
(b) The modification document shall contain a recording reference to the original written instrument.
(c) The modification document must state, in part:
"The referenced original written instrument contains discriminatory provisions that are void and unenforceable under RCW 49.60.224 and federal law. This document strikes from the referenced original instrument all provisions that are void and unenforceable under law."
(d) The effective date of the modification document shall be the same as the effective date of the original written instrument.
(e) If the owner causes to be recorded a modification document that contains modifications not authorized by this section, the county auditor or recording officer shall not incur liability for recording the document. Any liability that may result is the sole responsibility of the owner who caused the recordation.
(f) No filing or recording fees or otherwise authorized surcharges shall be required for the filing of a modification document pursuant to this section.
(3) For the purposes of this section, "restrictive covenant modification document" or "modification document" means a standard form developed and designed by the Washington state association of county auditors.
[ 2021 c 256 s 4; 2018 c 65 s 1; 2006 c 58 s 3; 1995 c 292 s 18; 1993 c 69 s 10; 1987 c 56 s 2.]
Notes:
Findings—Intent—Application—2021 c 256: See notes following RCW 49.60.525.
Effective date—2018 c 65: "Section 1 of this act takes effect January 1, 2019." [ 2018 c 65 s 3.]
Finding—Intent—2006 c 58: See note following RCW 64.38.028.
Severability—1993 c 69: See note following RCW 49.60.030.
Intent—1987 c 56 s 2: "The legislature finds that some real property deeds and other written instruments contain discriminatory covenants and restrictions that are contrary to public policy and are void. The continued existence of these covenants and restrictions is repugnant to many property owners and diminishes the free enjoyment of their property. It is the intent of RCW 49.60.227 to allow property owners to remove all remnants of discrimination from their deeds." [ 1987 c 56 s 1.]

catchline: Declaratory judgment action to strike discriminatory provision of real property contract—Restrictive covenant modification document as alternative.


title: RCW 49.60.230

text:
(1) Who may file a complaint:
(a) Any person claiming to be aggrieved by an alleged unfair practice may, personally or by his or her attorney, make, sign, and file with the commission a complaint in writing under oath or by declaration. The complaint shall state the name of the person alleged to have committed the unfair practice and the particulars thereof, and contain such other information as may be required by the commission.
(b) Whenever it has reason to believe that any person has been engaged or is engaging in an unfair practice, the commission may issue a complaint.
(c) Any employer or principal whose employees, or agents, or any of them, refuse or threaten to refuse to comply with the provisions of this chapter may file with the commission a written complaint under oath or by declaration asking for assistance by conciliation or other remedial action.
(2) Any complaint filed pursuant to this section must be filed within six months after the alleged act of discrimination, except that complaints alleging an unfair practice related to:
(a) A real estate transaction pursuant to RCW 49.60.222 through 49.60.225 must be filed within one year after the alleged unfair practice in a real estate transaction has occurred or terminated;
(b) Pregnancy discrimination pursuant to RCW 49.60.180 must be filed within one year after the alleged unfair practice; and
(c) A complaint alleging whistleblower retaliation must be filed within two years.
[ 2020 c 145 s 1; 2008 c 266 s 7. Prior: 1993 c 510 s 21; 1993 c 69 s 11; 1985 c 185 s 21; 1957 c 37 s 16; 1955 c 270 s 15; prior: 1949 c 183 s 8, part; Rem. Supp. 1949 s 7614-27, part.]
Notes:
Findings—Intent—2008 c 266: See note following RCW 42.40.020.
Application—2008 c 266: See RCW 42.40.910.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
PDF
RCW 49.60.230
Complaint may be filed with commission. (Effective July 1, 2027.)
(1) Who may file a complaint:
(a) Any person claiming to be aggrieved by an alleged unfair practice may, personally or by his or her attorney, make, sign, and file with the commission a complaint in writing under oath or by declaration. The complaint shall state the name of the person alleged to have committed the unfair practice and the particulars thereof, and contain such other information as may be required by the commission.
(b) Whenever it has reason to believe that any person has been engaged or is engaging in an unfair practice, the commission may issue a complaint.
(c) Any employer or principal whose employees, or agents, or any of them, refuse or threaten to refuse to comply with the provisions of this chapter may file with the commission a written complaint under oath or by declaration asking for assistance by conciliation or other remedial action.
(2) Any complaint filed pursuant to this section must be filed within six months after the alleged act of discrimination, except that complaints alleging an unfair practice related to:
(a) A real estate transaction pursuant to RCW 49.60.222 through 49.60.225 must be filed within one year after the alleged unfair practice in a real estate transaction has occurred or terminated;
(b) Pregnancy discrimination pursuant to RCW 49.60.180 must be filed within one year after the alleged unfair practice; and
(c) A complaint alleging whistleblower retaliation must be filed within two years.
(3) The complaint process under this section is not available for unfair practices under RCW 49.60.212.
[ 2026 c 15 s 14; 2020 c 145 s 1; 2008 c 266 s 7. Prior: 1993 c 510 s 21; 1993 c 69 s 11; 1985 c 185 s 21; 1957 c 37 s 16; 1955 c 270 s 15; prior: 1949 c 183 s 8, part; Rem. Supp. 1949 s 7614-27, part.]
Notes:
Effective date—2026 c 15: See note following RCW 49.96.010.
Findings—Intent—2008 c 266: See note following RCW 42.40.020.
Application—2008 c 266: See RCW 42.40.910.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.

catchline: Complaint may be filed with commission. (Effective until July 1, 2027.)


title: RCW 49.60.240

text:
(1)(a) Except as provided for in (c) of this subsection, after the filing of any complaint, the chairperson of the commission shall refer it to the appropriate section of the commission's staff for prompt review and evaluation of the complaint. If the facts as stated in the complaint do not constitute an unfair practice under this chapter, a finding of no reasonable cause may be made without further investigation. If the facts as stated could constitute an unfair practice under this chapter, a full investigation and ascertainment of the facts shall be conducted.
(b) If the complainant has limitations related to language proficiency or cognitive or other disability, as part of the review and evaluation under (a) of this subsection, the commission's staff must contact the complainant directly and make appropriate inquiry of the complainant as to the facts of the complaint.
(c) After the filing of a complaint alleging an unfair practice in a real estate transaction pursuant to RCW 49.60.222 through 49.60.225, the chairperson of the commission shall refer it to the appropriate section of the commission's staff for prompt investigation and ascertainment of the facts alleged in the complaint.
(2) The investigation shall be limited to the alleged facts contained in the complaint. The results of the investigation shall be reduced to written findings of fact, and a finding shall be made that there is or that there is not reasonable cause for believing that an unfair practice has been or is being committed. A copy of the findings shall be provided to the complainant and to the person named in such complaint, hereinafter referred to as the respondent.
(3) If the finding is made that there is reasonable cause for believing that an unfair practice has been or is being committed, the commission's staff shall immediately endeavor to eliminate the unfair practice by conference, conciliation, and persuasion.
If an agreement is reached for the elimination of such unfair practice as a result of such conference, conciliation, and persuasion, the agreement shall be reduced to writing and signed by the respondent, and an order shall be entered by the commission setting forth the terms of said agreement. No order shall be entered by the commission at this stage of the proceedings except upon such written agreement, except that during the period beginning with the filing of complaints alleging an unfair practice with respect to real estate transactions pursuant to RCW 49.60.222 through 49.60.225, and ending with the filing of a finding of reasonable cause or a dismissal by the commission, the commission staff shall, to the extent feasible, engage in conciliation with respect to such complaint. Any conciliation agreement arising out of conciliation efforts by the commission shall be an agreement between the respondent and the complainant and shall be subject to the approval of the commission. Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the commission determines that disclosure is not required to further the purposes of this chapter.
If no such agreement can be reached, a finding to that effect shall be made and reduced to writing, with a copy thereof provided to the complainant and the respondent.
(4) The commission may adopt rules, including procedural time requirements, for processing complaints alleging an unfair practice with respect to real estate transactions pursuant to RCW 49.60.222 through 49.60.225 and which may be consistent with the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.), but which in no case shall exceed or be more restrictive than the requirements or standards of such act.
[ 2010 c 85 s 1; 1995 c 259 s 5. Prior: 1993 c 510 s 22; 1993 c 69 s 12; 1985 c 185 s 22; 1981 c 259 s 1; 1957 c 37 s 17; 1955 c 270 s 16; prior: 1949 c 183 s 8, part; Rem. Supp. 1949 s 7614-27, part.]
Notes:
Effective date—1995 c 259: See note following RCW 49.60.010.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
RCW 49.60.240 through 49.60.280 applicable to complaints concerning unlawful use of refueling services for individuals with disabilities: RCW 49.60.360.

catchline: Complaint investigated—Procedure—Conference, conciliation—Agreement, findings—Rules.


title: RCW 49.60.243

text:
(1) When the commission has completed the investigation of a complaint alleging workplace reprisal or retaliatory action against a whistleblower as defined in chapter 70.87 RCW, the commission must notify the complainant of the completion of the investigation. The commission must issue written findings of fact and a finding that there is or there is not reasonable cause for believing an unfair practice has been or is being committed as required by RCW 49.60.240 within ninety days of notification of the completed investigation.
(2) If the individual filing a complaint alleging workplace reprisal or retaliatory action against a whistleblower under chapter 70.87 RCW is represented by a labor union, the commission must notify the union of the complaint and the results of the investigation.
(3) If, after a finding is made that there is reasonable cause for believing that an unfair practice has been or is being committed against a whistleblower under chapter 70.87 RCW, no agreement is reached for the elimination of the unfair practice within six months, a finding to that effect must be made and reduced to writing, with a copy provided to the complainant, the complainant's labor union, and the respondent. The commission, in the exercise of discretion, may grant additional time to seek agreement for the elimination of the unfair practice based on extenuating facts and circumstances.
[ 2014 c 49 s 1.]

catchline: Complaint investigated—Action taken against whistleblower—Written findings of fact—Required notice.


title: RCW 49.60.250

text:
(1) In case of failure to reach an agreement for the elimination of such unfair practice, and upon the entry of findings to that effect, the entire file, including the complaint and any and all findings made, shall be certified to the chairperson of the commission. The chairperson of the commission shall thereupon request the appointment of an administrative law judge under Title 34 RCW to hear the complaint and shall cause to be issued and served in the name of the commission a written notice, together with a copy of the complaint, as the same may have been amended, requiring the respondent to answer the charges of the complaint at a hearing before the administrative law judge, at a time and place to be specified in such notice.
(2) The place of any such hearing may be the office of the commission or another place designated by it. The case in support of the complaint shall be presented at the hearing by counsel for the commission: PROVIDED, That the complainant may retain independent counsel and submit testimony and be fully heard. No member or employee of the commission who previously made the investigation or caused the notice to be issued shall participate in the hearing except as a witness, nor shall the member or employee participate in the deliberations of the administrative law judge in such case. Any endeavors or negotiations for conciliation shall not be received in evidence.
(3) The respondent shall file a written answer to the complaint and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard. The respondent has the right to cross-examine the complainant.
(4) The administrative law judge conducting any hearing may permit reasonable amendment to any complaint or answer. Testimony taken at the hearing shall be under oath and recorded.
(5) If, upon all the evidence, the administrative law judge finds that the respondent has engaged in any unfair practice, the administrative law judge shall state findings of fact and shall issue and file with the commission and cause to be served on such respondent an order requiring such respondent to cease and desist from such unfair practice and to take such affirmative action, including, (but not limited to) hiring, reinstatement or upgrading of employees, with or without back pay, an admission or restoration to full membership rights in any respondent organization, or to take such other action as, in the judgment of the administrative law judge, will effectuate the purposes of this chapter, including action that could be ordered by a court, except that damages for humiliation and mental suffering shall not exceed twenty thousand dollars, and including a requirement for report of the matter on compliance. Relief available for violations of RCW 49.60.222 through 49.60.224 shall be limited to the relief specified in RCW 49.60.225.
(6) If a determination is made that retaliatory action, as defined in RCW 42.40.050, has been taken against a whistleblower, as defined in RCW 42.40.020, the administrative law judge may, in addition to any other remedy, require restoration of benefits, back pay, and any increases in compensation that would have occurred, with interest; impose a civil penalty upon the retaliator of up to five thousand dollars; and issue an order to the state employer to suspend the retaliator for up to thirty days without pay. At a minimum, the administrative law judge shall require that a letter of reprimand be placed in the retaliator's personnel file. No agency shall issue any nondisclosure order or policy, execute any nondisclosure agreement, or spend any funds requiring information that is public under the public records act, chapter 42.56 RCW, be kept confidential; except that nothing in this section shall affect any state or federal law requiring information be kept confidential. All penalties recovered shall be paid into the state treasury and credited to the general fund.
(7) The final order of the administrative law judge shall include a notice to the parties of the right to obtain judicial review of the order by appeal in accordance with the provisions of RCW 34.05.510 through 34.05.598, and that such appeal must be served and filed within thirty days after the service of the order on the parties.
(8) If, upon all the evidence, the administrative law judge finds that the respondent has not engaged in any alleged unfair practice, the administrative law judge shall state findings of fact and shall similarly issue and file an order dismissing the complaint.
(9) An order dismissing a complaint may include an award of reasonable attorneys' fees in favor of the respondent if the administrative law judge concludes that the complaint was frivolous, unreasonable, or groundless.
(10) The commission shall establish rules of practice to govern, expedite, and effectuate the foregoing procedure.
(11) Instead of filing with the commission, a complainant may pursue arbitration conducted by the American arbitration association or another arbitrator mutually agreed by the parties, with the cost of arbitration shared equally by the complainant and the respondent.
[ 2008 c 266 s 8. Prior: 1993 c 510 s 23; 1993 c 69 s 14; 1992 c 118 s 5; 1989 c 175 s 115; 1985 c 185 s 23; 1983 c 293 s 1; 1981 c 259 s 2; 1957 c 37 s 18; 1955 c 270 s 17; prior: 1949 c 183 s 8, part; Rem. Supp. 1949 s 7614-27, part.]
Notes:
Findings—Intent—2008 c 266: See note following RCW 42.40.020.
Application—2008 c 266: See RCW 42.40.910.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—1981 c 259: "Sections 2, 3, 4 and 5 of this 1981 act shall take effect upon the enactment of House Bill 101, 1981 Regular Session." [ 1981 c 259 s 7.] Sections 2, 3, 4, and 5 of 1981 c 259 consist of amendments to RCW 49.60.250, 49.60.260, and 49.60.270 and the enactment of RCW 49.60.330, respectively. House Bill 101 was enacted as chapter 67, Laws of 1981. It was signed by the governor on April 25, 1981. Since chapter 67, Laws of 1981 took effect on July 1, 1982, the apparent intent is for sections 2, 3, 4, and 5 of 1981 c 259 to take effect on that date. For effective date of 1981 c 67, see note following RCW 34.12.010.
Assignment of administrative law judge for human rights commission proceedings: RCW 34.12.037.

catchline: Hearing of complaint by administrative law judge—Limitation of relief—Penalties—Order—Arbitration.


title: RCW 49.60.260

text:
(1) The commission or any person entitled to relief of a final order may petition the court within the county wherein any unfair practice occurred or wherein any person charged with an unfair practice resides or transacts business for the enforcement of any final order which is not complied with and is issued by the commission or an administrative law judge under the provisions of this chapter and for appropriate temporary relief or a restraining order, and shall certify and file in court the final order sought to be enforced. Within five days after filing such petition in court, the commission or any person entitled to relief of a final order shall cause a notice of the petition to be sent by certified mail to all parties or their representatives.
(2) If within sixty days after the date the administrative law judge's order concerning an unfair practice in a real estate transaction is entered, no petition has been filed under subsection (1) of this section and the commission has not sought enforcement of the final order under this section, any person entitled to relief under the final order may petition for a decree enforcing the order in the superior courts of the state of Washington for the county in which the unfair practice in a real estate transaction under RCW 49.60.222 through 49.60.224 is alleged to have occurred.
(3) From the time the petition is filed, the court shall have jurisdiction of the proceedings and of the questions determined thereon, and shall have the power to grant such temporary relief or restraining order as it deems just and suitable.
(4) If the petition shows that there is a final order issued by the commission or administrative law judge under RCW 49.60.240 or 49.60.250 and that the order has not been complied with in whole or in part, the court shall issue an order directing the person who is alleged to have not complied with the administrative order to appear in court at a time designated in the order, not less than ten days from the date thereof, and show cause why the administrative order should not be enforced according to the terms. The commission or any person entitled to relief of any final order shall immediately serve the noncomplying party with a copy of the court order and the petition.
(5) The administrative order shall be enforced by the court if the person does not appear, or if the person appears and the court finds that:
(a) The order is regular on its face;
(b) The order has not been complied with; and
(c) The person's answer discloses no valid reason why the order should not be enforced, or that the reason given in the person's answer could have been raised by review under RCW 34.05.510 through 34.05.598, and the person has given no valid excuse for failing to use that remedy.
(6) The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to appellate review by the supreme court or the court of appeals, on appeal, by either party, irrespective of the nature of the decree or judgment. The review shall be taken and prosecuted in the same manner and form and with the same effect as is provided in other cases.
[ 1995 c 259 s 6; 1993 c 69 s 15; 1989 c 175 s 116; 1988 c 202 s 47; 1985 c 185 s 24; 1981 c 259 s 3; 1971 c 81 s 118; 1957 c 37 s 21. Prior: 1949 c 183 s 9, part; Rem Supp. 1949 s 7614-27A, part.]
Notes:
Rules of court: Cf. RAP 2.2, 18.22.
Effective date—1995 c 259: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1988 c 202: See note following RCW 2.24.050.
Effective date—1981 c 259: See note following RCW 49.60.250.

catchline: Enforcement of orders of administrative law judge—Appellate review of court order.


title: RCW 49.60.270

text:
Any respondent or complainant, including the commission, aggrieved by a final order of an administrative law judge may obtain judicial review of such order as provided under the administrative procedure act, chapter 34.05 RCW. From the time a petition for review is filed, the court has jurisdiction to grant to any party such temporary relief or restraining order as it deems just and suitable. If the court affirms the order, it shall enter a judgment and decree enforcing the order as affirmed.
[ 1985 c 185 s 25; 1981 c 259 s 4; 1957 c 37 s 22. Prior: 1949 c 183 s 9, part; Rem. Supp. 1949 s 7614-27A, part.]
Notes:
Effective date—1981 c 259: See note following RCW 49.60.250.

catchline: Appeal from orders of administrative law judge.


title: RCW 49.60.280

text:
Petitions filed under RCW 49.60.260 and 49.60.270 shall be heard expeditiously and determined upon the transcript filed, without requirement of printing. Hearings in the court under this chapter shall take precedence over all other matters, except matters of the same character.
[ 1957 c 37 s 23. Prior: 1949 c 183 s 9, part; Rem. Supp. 1949 s 7614-27A, part.]

catchline: Court shall expeditiously hear and determine.


title: RCW 49.60.310

text:
Any person who wilfully resists, prevents, impedes, or interferes with the commission or any of its members or representatives in the performance of duty under this chapter, or who wilfully violates an order of the commission, is guilty of a misdemeanor; but procedure for the review of the order shall not be deemed to be such wilful conduct.
[ 1985 c 185 s 26; 1961 c 100 s 4; 1957 c 37 s 26; 1949 c 183 s 10; Rem. Supp. 1949 s 7614-28.]

catchline: Misdemeanor to interfere with or resist commission.


title: RCW 49.60.320

text:
In any case in which the commission shall issue an order against any political or civil subdivision of the state, or any agency, or instrumentality of the state or of the foregoing, or any officer or employee thereof, the commission shall transmit a copy of such order to the governor of the state. The governor shall take such action to secure compliance with such order as the governor deems necessary.
[ 1985 c 185 s 27; 1949 c 183 s 11; Rem. Supp. 1949 s 7614-29.]

catchline: Governor may act on orders against state or political subdivisions.


title: RCW 49.60.330

text:
Any county or any city classified as a first-class city under RCW 35.01.010 with over one hundred twenty-five thousand population may enact resolutions or ordinances consistent with this chapter to provide administrative and/or judicial remedies for any form of discrimination proscribed by this chapter. The imposition of such administrative remedies shall be subject to judicial review. The superior courts shall have jurisdiction to hear all matters relating to violation and enforcement of such resolutions or ordinances, including petitions for preliminary relief, the award of such remedies and civil penalties as are consistent with this chapter, and enforcement of any order of a county or city administrative law judge or hearing examiner pursuant to such resolution or ordinance. Any local resolution or ordinance not inconsistent with this chapter may provide, after a finding of reasonable cause to believe that discrimination has occurred, for the filing of an action in, or the removal of the matter to, the superior court.
[ 1993 c 69 s 16; 1983 c 5 s 2; 1981 c 259 s 5.]
Notes:
Severability—1993 c 69: See note following RCW 49.60.030.
Effective date—1981 c 259: See note following RCW 49.60.250.

catchline: First-class cities of over one hundred twenty-five thousand population—Administrative remedies authorized—Superior court jurisdiction.


title: RCW 49.60.340

text:
(1) Any complainant on whose behalf the reasonable cause finding was made, a respondent, or an aggrieved person may, with respect to real estate transactions pursuant to RCW 49.60.222 through 49.60.225, elect to have the claims on which reasonable cause was found decided in a civil action under RCW 49.60.030(2) in lieu of a hearing under RCW 49.60.250. This election must be made not later than twenty days after the service of the reasonable cause finding. The person making such election shall give notice of doing so to the commission and to all other complainants and respondents to whom the charge relates. Any reasonable cause finding issued by the commission pursuant to the procedures contained in this chapter shall become final twenty days after service of the reasonable cause finding unless a written notice of election is received by the commission within the twenty-day period.
(2) If an election is made under subsection (1) of this section, the commission shall authorize not later than thirty days after the election is made, and the attorney general shall commence, a civil action on behalf of the aggrieved person in a superior court of the state of Washington seeking relief under this section.
(3) Any aggrieved person with respect to the issues to be determined in a civil action under this section may intervene as of right in that civil action.
(4) In a civil action under this section, if the court finds that an unfair practice in a real estate transaction has occurred or is about to occur, the court may grant any relief that a court could grant with respect to such an unfair practice in a real estate transaction in a civil action under RCW 49.60.030(2). If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court shall not award such relief if that aggrieved person has not complied with discovery orders entered by the court.
(5) In any administrative proceeding under this section where the respondent is the prevailing party, a complainant who intervenes by filing a notice of independent appearance may be liable for reasonable attorneys' fees and costs only to the extent that the intervening participation in the administrative proceeding was frivolous or vexatious, or was for the purpose of harassment.
(6) In any administrative proceeding brought under RCW 49.60.225 or any court proceeding arising therefrom, or any civil action under this section, the administrative law judge or the court in its discretion may allow the prevailing party, other than the commission, reasonable attorneys' fees and costs.
[ 1993 c 69 s 13.]
Notes:
Severability—1993 c 69: See note following RCW 49.60.030.

catchline: Election for civil action in lieu of hearing—Relief.


title: RCW 49.60.350

text:
(1) The superior courts of the state of Washington shall have jurisdiction upon petition of the commission, through the attorney general, to seek appropriate temporary or preliminary relief to enjoin any unfair practice in violation of RCW 49.60.222 through 49.60.225, from which prompt judicial action is necessary to carry out the purposes of this chapter.
(2) The commencement of a civil action under this section does not preclude the initiation or continuation of administrative proceedings under this chapter.
[ 1993 c 69 s 2.]
Notes:
Severability—1993 c 69: See note following RCW 49.60.030.

catchline: Temporary or preliminary relief—Superior court jurisdiction—Petition of commission.


title: RCW 49.60.360

text:
(1) Every person, firm, partnership, association, trustee, or corporation which operates a gasoline service station, or other facility which offers gasoline or other motor vehicle fuel for sale to the public from such a facility, shall provide, upon request, refueling service to disabled drivers, unaccompanied by passengers capable of safely providing refueling service, of vehicles which display a disabled person's license plate or placard issued by the department of licensing. The price charged for the motor vehicle fuel in such a case shall be no greater than that which the facility otherwise would charge the public generally to purchase motor vehicle fuel without refueling service. This section does not require a facility to provide disabled drivers with services, including but not limited to checking oil or cleaning windshields, other than refueling services.
(2) This section does not apply to:
(a) Exclusive self-service gas stations which have remotely controlled gas pumps and which never provide pump island service; and
(b) Convenience stores which sell gasoline, which have remotely controlled gas pumps and which never provide pump island service.
(3) Any person who, as a responsible managing individual setting service policy of a station or facility or as an employee acting independently against set service policy, acts in violation of this section is guilty of a misdemeanor. This subsection shall be enforced by the prosecuting attorney.
(4) The human rights commission shall, upon the filing of a verified written complaint by any person, investigate the actions of any person, firm, partnership, association, trustee, or corporation alleged to have violated this section. The complaint shall be in the form prescribed by the commission. The commission may, upon its own motion, issue complaints and conduct investigations of alleged violations of this section.
RCW 49.60.240 through 49.60.280 shall apply to complaints under this section.
(5) In addition to those matters referred pursuant to subsection (3) of this section, the prosecuting attorney may investigate and prosecute alleged violations of this section.
(6) Any person who intentionally displays a license plate or placard which is invalid, or which was not lawfully issued to that person, for the purpose of obtaining refueling service under subsection (1) of this section shall be subject to a civil fine of one hundred dollars for each such violation.
(7) A notice setting forth the provisions of this section shall be provided by the department of licensing to every person, firm, partnership, association, trustee, or corporation which operates a gasoline service station, or other facility which offers gasoline or other motor vehicle fuel for sale to the public from such a facility.
(8) A notice setting forth the provisions of this section shall be provided by the department of licensing to every person who is issued a disabled person's license plate or placard.
(9) For the purposes of this section, "refueling service" means the service of pumping motor vehicle fuel into the fuel tank of a motor vehicle.
(10) Nothing in this section limits or restricts the rights or remedies provided under chapter 49.60 RCW.
[ 1994 c 262 s 17; 1985 c 309 s 1. Formerly RCW 70.84.090.]

catchline: Refueling services for disabled drivers—Violation—Investigation—Intentional display of plate or placard invalid or not legally issued prohibited—Fine—Notice to disabled persons.


title: RCW 49.60.370

text:
(1) A person who negligently or maliciously kills or injures a dog guide or service animal is liable for a penalty of one thousand dollars, to be paid to the user of the animal. The penalty shall be in addition to and not in lieu of any other remedies or penalties, civil or criminal, provided by law.
(2) A user or owner of a dog guide or service animal, whose animal is negligently or maliciously injured or killed, is entitled to recover reasonable attorneys' fees and costs incurred in pursuing any civil remedy.
(3) The commission has no duty to investigate any negligent or malicious acts referred to under this section.
[ 1997 c 271 s 23; 1988 c 89 s 1. Formerly RCW 70.84.100.]

catchline: Liability for killing or injuring dog guide or service animal—Penalty in addition to other remedies or penalties—Recovery of attorneys' fees and costs—No duty to investigate.


title: RCW 49.60.380

text:
A county, city, or town shall honor a request by a blind person or hearing impaired person not to be charged a fee to license his or her dog guide, or a request by a physically disabled person not to be charged a fee to license his or her service animal.
[ 1997 c 271 s 24; 1989 c 41 s 1. Formerly RCW 70.84.120.]

catchline: License waiver for dog guide and service animals.


title: RCW 49.60.390

text:
The Washington state human rights commission shall adopt rules implementing chapter 271, Laws of 1997 no later than March 1, 1998.
[ 1997 c 271 s 25.]

catchline: Rule-making authority—Deadline—1997 c 271.


title: RCW 49.60.400

text:
(1) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
(2) This section applies only to action taken after December 3, 1998.
(3) This section does not affect any law or governmental action that does not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin.
(4) This section does not affect any otherwise lawful classification that:
(a) Is based on sex and is necessary for sexual privacy or medical or psychological treatment; or
(b) Is necessary for undercover law enforcement or for film, video, audio, or theatrical casting; or
(c) Provides for separate athletic teams for each sex.
(5) This section does not invalidate any court order or consent decree that is in force as of December 3, 1998.
(6) This section does not prohibit action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the state.
(7) Nothing in this section prohibits schools established under chapter 28A.715 RCW from:
(a) Implementing a policy of Indian preference in employment; or
(b) Prioritizing the admission of tribal members where capacity of the school's programs or facilities is not as large as demand.
(8) For the purposes of this section, "state" includes, but is not necessarily limited to, the state itself, any city, county, public college or university, community college, school district, special district, or other political subdivision or governmental instrumentality of or within the state.
(9) The remedies available for violations of this section shall be the same, regardless of the injured party's race, sex, color, ethnicity, or national origin, as are otherwise available for violations of Washington antidiscrimination law.
(10) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law, the United States Constitution, or the Washington state Constitution, the section shall be implemented to the maximum extent that federal law, the United States Constitution, and the Washington state Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.
[ 2013 c 242 s 7; (2019 c 160 s 3, Referendum Measure No. 88 failed to become law); 1999 c 3 s 1 (Initiative Measure No. 200, approved November 3, 1998).]

catchline: Discrimination, preferential treatment prohibited.


title: RCW 49.60.401

text:
RCW 49.60.400 shall be known and cited as the Washington State Civil Rights Act.
[ 1999 c 3 s 2 (Initiative Measure No. 200, approved November 3, 1998).]

catchline: Short title—1999 c 3.


title: RCW 49.60.405

text:
It is not an unfair practice when a distinction or differential treatment on the basis of citizenship or immigration status is authorized by federal or state law, regulation, rule, or government contract.
[ 2020 c 52 s 3.]

catchline: Distinction or differential treatment—When authorized.


title: RCW 49.60.500

text:
(1) No city, town, county, or district may discriminate against any person on the basis of sex in the operation, conduct, or administration of community athletics programs for youth or adults. A third party receiving a lease or permit from a city, town, county, district, or a school district , for a community athletics program also may not discriminate against any person on the basis of sex in the operation, conduct, or administration of community athletics programs for youth or adults.
(2) The definitions in this subsection apply throughout this section.
(a) "Community athletics program" means any athletic program that is organized for the purposes of training for and engaging in athletic activity and competition and that is in any way operated, conducted, administered, or supported by a city, town, county, district, or school district other than those offered by the school and created solely for the students by the school.
(b) "District" means any metropolitan park district, park and recreation service area, or park and recreation district.
[ 2009 c 467 s 2.]
Notes:
Findings—Declarations—2009 c 467: "The legislature finds and declares:
On June 23, 1972, President Richard Nixon signed into law Title IX of the Education Amendments of 1972 to the 1964 Civil Rights Act. This landmark legislation provides that: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance...." Title IX has expanded opportunities for males as well as females in educational programs and activities, including ensuring access to athletic opportunities for girls and women in educational institutions and to male and female staff to coaching and athletics administrative positions in educational institutions. The dramatic increases in participation rates at both the high school and college levels since Title IX was passed show that when doors are opened to women and girls, they will participate.
Further, ensuring equality in the state of Washington, the legislature passed an amendment to the state Constitution, ratified by the voters in November 1972, providing "Equality of rights and responsibilities under the law shall not be denied or abridged on account of sex." In 1975, Washington continued to be at the forefront of this issue by adopting legislation that established our own statutory version of the federal Title IX law that prohibited "inequality in the educational opportunities afforded women and girls at all levels of the public schools in Washington state."
Athletic opportunities provide innumerable benefits to participants, including greater academic success, better physical and psychological health, responsible social behaviors, and enhanced interpersonal skills. Athletic scholarships make it possible for some young people to attend college. The Washington state legislature, recognizing the importance of full participation in athletics, has passed numerous bills directed at achieving equity and eliminating discrimination in intercollegiate athletics in the state's institutions of higher education.
Despite advances in educational settings and efforts by some local agencies to expand opportunities in community athletics programs, discrimination still exists that limits these opportunities. It is the intent of the legislature to expand and support equal participation in athletics programs, and provide all sports programs equal access to facilities administered by cities, towns, counties, metropolitan park districts, park and recreation service areas, or park and recreation districts.
Nothing in this act is intended to affect the holding in the Washington state supreme court's ruling in Darrin v. Gould, 85 Wn.2d 859, 540 P.2d 882 (1975) and its progeny that held it is not acceptable to discriminate in contact sports on the basis of sex." [ 2009 c 467 s 1.]

catchline: Community athletics programs—Sex discrimination prohibited—Definitions.


title: RCW 49.60.505

text:
(1) By January 1, 2010, each city, town, county, or district operating a community athletics program or issuing permission to a third party for the operation of such program on its facilities shall adopt a policy that specifically prohibits discrimination against any person on the basis of sex in the operation, conduct, or administration of community athletics programs for youth or adults.
(2) It is the responsibility of each city, town, county, or district operating a community athletics program or issuing permission to a third party for the operation of such program on its facilities to publish and disseminate this policy. At a minimum, the nondiscrimination policy should be included in any publication that includes information about the entity's own athletics programs, or about obtaining a permit for operating athletics programs and on the appropriate city, town, county, or district website.
(3) School districts issuing permission to a third party for the operation of a community athletics program on its facilities shall also follow the provisions of this section but may modify and use existing school district policies and procedures to the extent that is possible. Nothing in this section may be construed to require school districts to monitor compliance, investigate complaints, or otherwise enforce school district policies as to third parties using school district facilities.
(4) Every city, town, county, or district covered by this section should also publish the name, office address, and office telephone number of the employee or employees responsible for its efforts to comply with and carry out its responsibilities under chapter 467, Laws of 2009.
[ 2009 c 467 s 3.]
Notes:
Findings—Declarations—2009 c 467: See note following RCW 49.60.500.

catchline: Community athletics programs—Nondiscrimination policy required.


title: RCW 49.60.510

text:
(1) By requesting noneconomic damages under this chapter, a claimant does not place his or her health at issue or waive any health care privilege under RCW 5.60.060 or 18.83.110, or any other law, unless the claimant:
(a) Alleges a specific diagnosed physical or psychiatric injury as a proximate result of the respondents' conduct, and relies on the records or testimony of a health care provider or expert witness to seek general damages; or
(b) Alleges failure to accommodate a disability or alleges discrimination on the basis of a disability.
(2) Any waiver under subsection (1)(a) and (b) of this section is limited to health care records and communication between a claimant and his or her provider or providers:
(a) Created or occurring in the period beginning two years immediately preceding the first alleged unlawful act for which the claimant seeks damages and ending at the last date for which the claimant seeks damages, unless the court finds exceptional circumstances to order a longer period of time; and
(b) Relating specifically to the diagnosed injury, to the health care provider or providers on which the claimant relies in the action, or to the disability specifically at issue in the allegation.
[ 2020 c 254 s 1; 2018 c 70 s 1.]

catchline: Privileged health information—Noneconomic damages—Waivers.


title: RCW 49.60.515

text:
(1) Every hotel, motel, retail, or security guard entity, or property services contractor, who employs an isolated employee, must:
(a) Adopt a sexual harassment policy;
(b) Provide mandatory training to the employer's managers, supervisors, and isolated employees to:
(i) Prevent sexual assault and sexual harassment in the workplace;
(ii) Prevent sexual discrimination in the workplace;
(iii) Educate the employer's workforce regarding protection for isolated employees who report violations of a state or federal law, rule, or regulation; and
(iv) Inform isolated employees on how to use panic buttons, and inform managers and supervisors on the responsibility to respond to the use of panic buttons;
(c) Provide a list of resources for the employer's isolated employees to utilize. At a minimum, the resources must include contact information of the equal employment opportunity commission, the Washington state human rights commission, and local advocacy groups focused on preventing sexual harassment and sexual assault;
(d) Provide a panic button to each isolated employee. An employer must maintain a record of the purchase and utilization of panic buttons provided to its isolated employees under this section. Records must be provided to the department upon request. The department must publish advice and guidance for employers with fifty or fewer employees relating to this subsection (1)(d). This subsection (1)(d) does not apply to contracted security guard companies licensed under chapter 18.170 RCW; and
(e) Document completion of the mandatory training required by this subsection and provide the documentation to the department upon request.
(2)(a) A property services contractor shall submit the following to the department on an annual basis on a form or in a manner determined by the department:
(i) The date of adoption of the sexual harassment policy required in subsection (1)(a) of this section;
(ii) The number of managers, supervisors, and isolated employees trained as required by subsection (1)(b) of this section; and
(iii) The physical address of the work location or locations at which janitorial services are provided by workers of the property services contractor, and for each location: (A) The total number of workers or contractors of the property services contractor who perform janitorial services; and (B) the total hours worked.
(b) The department must make aggregate data submitted as required in this subsection (2) available upon request.
(3)(a) The department must investigate if a complaint is filed with the department alleging a violation of this section or if the department has reason to believe that an employer has committed a violation of this section.
(b) Except when a violation is otherwise resolved, the department must issue: (i) A citation assessing a civil penalty under (c) of this subsection if it finds a violation has occurred; or (ii) a closure letter detailing any findings if it finds that a violation cannot be substantiated. The notice of a citation or closure letter must be sent to the employer by service of process or using an electronic or nonelectronic method by which the citation or closure letter can be tracked or the delivery can be confirmed to the last known address. Before using an electronic method for the first time under this section, the department must provide the employer and the employee the option to receive communication through a nonelectronic method.
(c) If the department finds a violation of this section, the department may order the employer to pay the department a civil penalty of $1,000 for each willful violation. For a repeat willful violator, the citation assessing a civil penalty must be at least $2,000 for each repeat willful violation, but no greater than $10,000 for each repeat willful violation. The department may, at any time, waive or reduce a civil penalty assessed under this section if the department determines that the employer has taken corrective action to resolve the violation. Penalties collected under this section must be deposited into the supplemental pension fund established under RCW 51.44.033.
(d) An employer who fails to comply with the department's investigation of records within a reasonable time period may not use such records in any appeal to challenge the correctness of any determination by the department.
(4) For the purposes of this section:
(a) "Department" means the department of labor and industries.
(b) "Isolated employee" means an employee who:
(i)(A) Performs work in an area where two or more coworkers, supervisors, or a combination thereof are unable to immediately respond to an emergency without being summoned by the employee; or (B) spends at least 50 percent of her or his working hours without a supervisor or another coworker present; and
(ii) Is employed by an employer as a janitor, security guard, hotel or motel housekeeper, or room service attendant.
(c) "Employer" means any person, association, partnership, property services contractor, or public or private corporation, whether for-profit or not, who employs one or more persons.
(d) "Panic button" means an emergency contact device carried by an isolated employee by which the isolated employee may summon immediate on-scene assistance from another worker, a security guard, or a representative of the employer.
A panic button must:
(i) Be designed to be carried by the isolated employee;
(ii) Be simple to activate without delays caused by entering passwords or waiting for the system to turn on;
(iii) Provide an effective signal for the circumstances when activated; and
(iv) Be able to summon immediate assistance and allow responders to accurately identify the isolated employee's location.
(e) "Property services contractor" means any person or entity that employs workers: (i) To perform labor for another person to provide commercial janitorial services; or (ii) on behalf of an employer to provide commercial janitorial services. "Property services contractor" does not mean the employment security department or individuals who perform labor under an agreement for exchanging their own labor or services with each other, provided the work is performed on land owned or leased by the individuals.
(f) "Repeat willful violator" means any employer that has been the subject of a final and binding citation for a willful violation of one or more requirements under this section and all applicable rules, within three years of the date of issuance of the most recent citation for a willful violation of one or more requirements.
(g) "Security guard" means an individual who is principally employed as, or typically referred to as, a security officer or guard, regardless of whether the individual is employed by a private security company or a single employer or whether the individual is required to be licensed under chapter 18.170 RCW.
(h) "Willful" means a knowing and intentional action that is neither accidental nor the result of a bona fide dispute.
(5) The department must adopt rules for purposes of implementing and enforcing this section including, but not limited to, rules concerning the collection of civil penalties and establishing the processes for appeals of citations issued under this section in accordance with chapter 34.05 RCW.
[ 2026 c 77 s 23; 2025 c 47 s 1; 2019 c 392 s 1.]
Notes:
Effective date—2025 c 47: "This act takes effect January 1, 2026." [ 2025 c 47 s 2.]

catchline: Sexual harassment and assault policy for isolated employees—Adoption of by hotel, motel, retail, or security guard entity, or property services contractors—Requirements—Violations—Penalties—Definitions.


title: RCW 49.60.520

text:
(1)(a) Any person that owns or manages a place of public accommodation that offers a closed-captioned television receiver for use in any public area must activate closed captioning with black background, white text color, and a style and size of font that is readable to people with low vision, unless:
(i) The only receiver of television programming available in a public area is technically incapable of displaying closed captioning; or
(ii) The place of public accommodation is otherwise exempt from the closed captioning requirement under state or federal law.
(b) In a public area with multiple televisions, up to 50 percent of on-premises televisions may be exempt from displaying closed captioning. The exempted televisions must clearly display that they do not have volume or are on mute.
(c) A place of public accommodation may deactivate closed captioning on a television receiver actively displaying text at the request of a vision impaired person. The deactivation of closed captioning is for the length of time the requestor is at the place of public accommodation.
(2) If multiple television models are displayed together for sale in a public area, at least one closed-captioned television must be available for viewing.
(3) If after 90 days from July 25, 2021, a person that owns or manages a place of public accommodation fails to comply with the requirements of this section, that person shall be subject to a civil fine of up to $75 for each violation. Written notice of the violation must be provided to the person and must state that the fine will be assessed. The notice must also state that the person has an opportunity to cure the violation by complying with the requirement within 30 days after delivery of the notice. If the person demonstrates compliance within the 30-day period, the fine will not be assessed, and the violation must be dismissed. Any subsequent violation shall result in a civil fine of up to $150.
(4) For purposes of this section the following definitions apply:
(a) "Closed-captioned television receiver" means a receiver of television programming that has the ability to display closed captioning including, but not limited to, a television, digital set-top box, and other technology capable of displaying closed captioning for television programming.
(b) "Closed captioning" means a transcript or dialog of the audio portion of a television program that is displayed on either the bottom or top portion of a television receiver screen when the user activates the feature. There is no requirement for the closed-captioned transcript or dialog to be in any language other than the language of the audio programming, or a default language where a television receiver only displays one language.
(c) "Public area" means any part of a place of public accommodation that is open to the general public.
(5) A violation of this section is a violation of this chapter.
(6) The human rights commission must prepare an educational pamphlet advising employers and employees of their duty and liability under this section. The pamphlet should be made available online. Employers must provide employees with training on this section using the pamphlet.
[ 2021 c 229 s 1.]

catchline: Television closed-captioning in places of public accommodation.