title: RCW 49.48.180

text:
A principal who is not a resident of this state and who enters into a contract subject to RCW 49.48.150 through 49.48.190 is considered to be doing business in this state for purposes of the exercise of personal jurisdiction over the principal.
[ 1992 c 177 s 4.]
Notes:
Severability—1992 c 177: See note following RCW 49.48.150.

catchline: Sales representatives—Principal considered doing business in this state.


doc_type: statute

jurisdiction: wa

title: RCW 49.48.190

text:
(1) RCW 49.48.150 through 49.48.190 supplement but do not supplant any other rights and remedies enjoyed by sales representatives.
(2) A provision of RCW 49.48.150 through 49.48.190 may not be waived, whether by express waiver or by attempt to make a contract or agreement subject to the laws of another state. A waiver of a provision of RCW 49.48.150 through 49.48.190 is void.
[ 1992 c 177 s 5.]
Notes:
Severability—1992 c 177: See note following RCW 49.48.150.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Sales representatives—Rights and remedies not exclusive—Waiver void.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 49.48.200

text:
(1) Debts due the state or a county or city for the overpayment of wages to their respective employees may be recovered by the employer by deductions from subsequent wage payments as provided in RCW 49.48.210, or by civil action. If the overpayment is recovered by deduction from the employee's subsequent wages, each deduction shall not exceed: (a) Five percent of the employee's disposable earnings in a pay period other than the final pay period; or (b) the amount still outstanding from the employee's disposable earnings in the final pay period. The deductions from wages shall continue until the overpayment is fully recouped.
(2) Nothing in this section or RCW 49.48.210 or 49.48.220 prevents: (a) An employee from making payments in excess of the amount specified in subsection (1)(a) of this section to an employer; or (b) an employer and employee from agreeing to a different overpayment amount than that specified in the notice in RCW 49.48.210(1) or to a method other than a deduction from wages for repayment of the overpayment amount.
[ 2004 c 7 s 1; 2003 c 77 s 1.]
Notes:
Severability—2004 c 7: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2004 c 7 s 3.]

catchline: Overpayment of wages—Government employees.


title: RCW 49.48.210

text:
(1) Except as provided in subsection (10) of this section, when an employer determines that an employee was overpaid wages, the employer shall provide written notice to the employee. The notice shall include the amount of the overpayment, the basis for the claim, a demand for payment within twenty calendar days of the date on which the employee received the notice, and the rights of the employee under this section.
(2) The notice may be served upon the employee in the manner prescribed for the service of a summons in a civil action, or be mailed by certified mail, return receipt requested, to the employee at his or her last known address.
(3) Within twenty calendar days after receiving the notice from the employer that an overpayment has occurred, the employee may request, in writing, that the employer review its finding that an overpayment has occurred. The employee may choose to have the review conducted through written submission of information challenging the overpayment or through a face-to-face meeting with the employer. If the request is not made within the twenty-day period as provided in this subsection, the employee may not further challenge the overpayment and has no right to further agency review, an adjudicative proceeding, or judicial review.
(4) Upon receipt of an employee's written request for review of the overpayment, the employer shall review the employee's challenge to the overpayment. Upon completion of the review, the employer shall notify the employee in writing of the employer's decision regarding the employee's challenge. The notification must be sent by certified mail, return receipt requested, to the employee at his or her last known address.
(5) If the employee is dissatisfied with the employer's decision regarding the employee's challenge to the overpayment, the employee may request an adjudicative proceeding governed by the administrative procedure act, chapter 34.05 RCW or, in the case of a county or city employee, an adjudicative proceeding provided pursuant to ordinance or resolution of the county or city. The employee's application for an adjudicative proceeding must be in writing, state the basis for contesting the overpayment notice, and include a copy of the employer's notice of overpayment. The application must be served on and received by the employer within twenty-eight calendar days of the employee's receipt of the employer's decision following review of the employee's challenge. Notwithstanding RCW 34.05.413(3), agencies may not vary the requirements of this subsection (5) by rule or otherwise. The employee must serve the employer by certified mail, return receipt requested.
(6) If the employee does not request an adjudicative proceeding within the twenty-eight-day period, the amount of the overpayment provided in the notice shall be deemed final and the employer may proceed to recoup the overpayment as provided in this section and RCW 49.48.200.
(7) Where an adjudicative proceeding has been requested, the presiding or reviewing officer shall determine the amount, if any, of the overpayment received by the employee.
(8) If the employee fails to attend or participate in the adjudicative proceeding, upon a showing of valid service, the presiding or reviewing officer may enter an administrative order declaring the amount claimed in the notice sent to the employee after the employer's review of the employee's challenge to the overpayment to be assessed against the employee and subject to collection action by the employer as provided in RCW 49.48.200.
(9) Failure to make an application for a review by the employer as provided in subsections (3) and (4) of this section or an adjudicative proceeding within twenty-eight calendar days of the date of receiving notice of the employer's decision after review of the overpayment shall result in the establishment of a final debt against the employee in the amount asserted by the employer, which debt shall be collected as provided in RCW 49.48.200.
(10) When an employer determines that an employee covered by a collective bargaining agreement was overpaid wages, the employer shall provide written notice to the employee. The notice shall include the amount of the overpayment, the basis for the claim, and the rights of the employee under the collective bargaining agreement. Any dispute relating to the occurrence or amount of the overpayment shall be resolved using the grievance procedures contained in the collective bargaining agreement.
(11) As used in this section or RCW 49.48.210 [ 49.48.200] and 49.48.220:
(a) "City" means city or town;
(b) "Employer" means the state of Washington or a county or city, and any of its agencies, institutions, boards, or commissions; and
(c) "Overpayment" means a payment of wages for a pay period that is greater than the amount earned for a pay period.
[ 2004 c 7 s 2; 2003 c 77 s 2.]
Notes:
Severability—2004 c 7: See note following RCW 49.48.200.


title: RCW 49.48.220

text:
The office of financial management shall adopt the rules necessary to implement chapter 77, Laws of 2003.
[ 2003 c 77 s 3.]

catchline: Rules.


title: RCW 49.48.230

text:
(1)(a) Subject to the availability of funds appropriated for this purpose, the wage recovery program is created and administered by the department. The purpose of the wage recovery program is to allow the department to disburse funds to unpaid low-wage employees, prior to the department issuing a citation and notice of assessment or collecting unpaid wages and interest from an employer, if the employee would otherwise experience immediate economic harm due to the nonpayment of wages.
(b) The department may adopt rules to administer the program.
(2) Beginning July 1, 2028, or when the account created under RCW 49.48.231 contains at least $130,000, whichever is later, an employee is eligible to recover from the wage recovery program if each of the following conditions is satisfied:
(a) The employee has filed a wage complaint with the department under RCW 49.48.083 and the department has investigated and determined that the wage complaint has merit;
(b) The employee has assigned the employee's wage complaint to the department as required under this section;
(c) The employee requested to be considered a recipient of funds from the wage recovery program;
(d) The employee's earnings during the preceding 12 months were less than the maximum amount established by the department by rule and according to the process provided by rule;
(e) The employee attests that without relief from the wage recovery program, the employee will suffer immediate economic harm; and
(f) The employee, as a condition of receiving funds under the wage recovery program, has waived the ability to appeal the citation and any notice of assessment as well as any private right of action.
(3)(a) To help prevent immediate economic harm to the employee, the department should attempt to disburse funds after the department has determined the complaint has merit and at the earliest possible point in the investigation process, as determined by the department.
(b) In determining an eligible employee's need for funds to prevent immediate economic harm, the department may identify other factors for consideration, such as resources available to the employee, the employee's current employment status, and family size.
(c) The department may determine the priority of payments made between eligible employees and whether to issue funds for eligible employees. Factors to consider in prioritizing applications for funds from the program should include, but are not limited to, the severity of the potential economic harm to the employee, whether the department is likely to recover the unpaid wages and interest from the employer, and availability of funds to be distributed throughout the year given the seasonality of some industries.
(4)(a) As a condition of receiving a disbursement of funds under the wage recovery program, the employee must assign to the department the employee's right to any claim on wages and interest owed by the employer.
(b) An employee receiving funds from the wage recovery program may not pursue collection, or authorize another entity other than the department to pursue collection on the employee's behalf.
(c) When an employer pays the department wages and interest for a wage complaint assigned to the department, the department shall deposit into the wage recovery account created under RCW 49.48.231 the amounts necessary to reimburse the account for the disbursements made to the employee, plus interest. The department shall pay any remaining payment of wages and interest by the employer on the claim to the employee.
(5) An eligible employee may receive up to 85 percent of wages the employee is anticipated to be owed at the time of disbursement from the fund, up to a maximum of $2,500, from the account.
(6) Total payments made under the wage recovery program for any fiscal year may not be greater than 80 percent of the account balance, calculated at the end of the previous fiscal year.
(7)(a) Eligibility for payment under the wage recovery program does not create a right to payment. Payments under this section are discretionary. This section does not create an entitlement to payment or services. This section does not create a right of action.
(b) The department is not criminally or civilly liable and may not have any penalty or cause of action of any nature arise against it regarding the provision or lack of provision of funds for payments under this section.
(8) As part of its annual report submitted under RCW 49.12.180, the department shall include a report of the wage recovery program, including the following information:
(a) Amounts available in the account for disbursement at the beginning of the year and at the end of the year;
(b) Amounts paid out from the account;
(c) The number of employees and wage complaints that resulted in payments made from the account;
(d) The types and frequency of immediate economic harm identified by the employee through attestation;
(e) The total amount of wages and interest owed to employees in notices of assessment where the program issued a payment;
(f) The average payment made to employees under the program;
(g) The total amount of penalties assessed in notices of assessment where there were payments made under the program;
(h) The total recovery from employers of amounts paid from the account;
(i) The total outstanding recovery from employers of amounts paid from the account;
(j) The total collection of all wages, interest, and penalties assessed in notices of assessment from employers where there was payment from the account;
(k) The number of notices of assessment where the wages and interest ultimately assessed were less than the amount paid from the account to the employee;
(l) The number of employer appeals of notices of assessment where there was payment from the account;
(m) The number of appeals where the final decision resulted in a lower wage owed to the employee than the amount paid out of the account to the employee;
(n) The number of appeals where an employee who received payment from the account failed to participate;
(o) The number of payments from the account subject to the 85 percent disbursement cap.
[ 2026 c 53 s 2.]

catchline: Wage recovery program—Rule making—Disbursement—Eligibility—Report.


title: RCW 49.48.231

text:
The wage recovery account is created in the custody of the state treasurer. All receipts from civil penalties collected under this chapter and chapter 49.46 RCW, and all moneys recovered from wage complaints assigned to the department as authorized under this section must be deposited into the account. Expenditures from the account may be used only for disbursements to employees in accordance with RCW 49.48.230. Only the director of or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2026 c 53 s 3.]

catchline: Wage recovery account.


title: RCW 49.48.900

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 131.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 49.52.010

text:
All moneys collected by any employer from his or her or its employees and all money to be paid by any employer as his or her contribution for furnishing, either directly, or through contract, or arrangement with a hospital association, corporation, firm, or individual, of medicine, medical or surgical treatment, nursing, hospital service, ambulance service, dental service, burial service, or any or all of the above enumerated services, or any other necessary service, contingent upon sickness, accident, or death, are hereby declared to be a trust fund for the purposes for which the same are collected. The trustees (or their administrator, representative, or agent under direction of the trustees) of such fund are authorized to take such action as is deemed necessary to ensure that the employer contributions are made including, but not limited to filing actions at law, and filing liens against moneys due to the employer from the performance of labor or furnishing of materials to which the employees contributed their services. Such trust fund is subject to the provisions of *chapter 48.52 RCW.
[ 2010 c 8 s 12053; 1975 c 34 s 1; 1927 c 307 s 1; RRS s 7614-1.]
Notes:
*Reviser's note: Chapter 48.52 RCW was repealed by 1979 ex.s. c 34 s 1.

catchline: Employees' benefit deductions and employer contributions are trust funds—Enforcement.


title: RCW 49.52.020

text:
In case any employer collecting moneys from his or her employees or making contributions to any type of benefit plan for any or all of the purposes specified in RCW 49.52.010, shall enter into a contract or arrangement with any hospital association, corporation, firm, or individual, to furnish any such service to its employees, the association, corporation, firm, or individual contracting to furnish such services, shall have a lien upon such trust fund prior to all other liens except taxes. The lien hereby created shall attach from the date of the arrangement or contract to furnish such services and may be foreclosed in the manner provided by law for the foreclosure of other liens on personal property.
[ 2010 c 8 s 12054; 1975 c 34 s 2; 1927 c 307 s 2; RRS s 7614-2.]

catchline: Lien of party rendering service.


title: RCW 49.52.030

text:
All moneys realized by any employer from the employer's employees either by collection or by deduction from the wages or pay of employees intended or to be used for the furnishing to workers engaged in extrahazardous work, their families or dependents, of medical, surgical or hospital care and treatment, or for nursing, ambulance service, burial or any or all of the above enumerated services, or any service incidental to or furnished or rendered because of sickness, disease, accident or death, and all moneys owing by any employer therefor, shall be and remain a fund for the purposes for which such moneys are intended to be used, and shall not constitute or become any part of the assets of the employer making such collections or deductions: PROVIDED, HOWEVER, That RCW 49.52.030 and 49.52.040 shall not apply to moneys collected or deducted as aforesaid for, or owing by employers to the state medical aid fund. Such moneys shall be paid over promptly to the physician or surgeon or hospital association or other parties to which such moneys are due and for the purposes for which such collections or deductions were made.
[ 1989 c 12 s 16; 1929 c 136 s 1; RRS s 7713-1.]

catchline: Deductions in extrahazardous employment—Medical aid fund deductions excluded.


title: RCW 49.52.040

text:
If any such employer shall default in any such payment to any physician, surgeon, hospital, hospital association or any other parties to whom any such payment is due, the sum so due may be collected by an action at law in the name of the physician, surgeon, hospital, hospital association or any other party to whom such payment is owing, or their assigns and against such defaulting employer, and in addition to such action, such claims shall have the same priority and lien rights as granted to the state for claims due the accident and medical aid funds by section 7682 of Remington's Compiled Statutes of Washington, 1922 [RCW 51.16.150 through 51.16.170], and acts amendatory thereto, which priority and lien rights shall be enforced in the same manner and under the same conditions as provided in said section 7682 [RCW 51.16.150 through 51.16.170]: PROVIDED, HOWEVER, That the said claims for physicians, surgeons, hospitals and hospital associations and others shall be secondary and inferior to any claims of the state and to any claims for labor. Such right of action shall be in addition to any other right of action or remedy.
[ 1929 c 136 s 2; RRS s 7713-2.]

catchline: Actions to recover for service—Lien—Priority.


title: RCW 49.52.050

text:
Any employer or officer, vice principal or agent of any employer, whether said employer be in private business or an elected public official, who
(1) Shall collect or receive from any employee a rebate of any part of wages theretofore paid by such employer to such employee; or
(2) Wilfully and with intent to deprive the employee of any part of his or her wages, shall pay any employee a lower wage than the wage such employer is obligated to pay such employee by any statute, ordinance, or contract; or
(3) Shall wilfully make or cause another to make any false entry in any employer's books or records purporting to show the payment of more wages to an employee than such employee received; or
(4) Being an employer or a person charged with the duty of keeping any employer's books or records shall wilfully fail or cause another to fail to show openly and clearly in due course in such employer's books and records any rebate of or deduction from any employee's wages; or
(5) Shall wilfully receive or accept from any employee any false receipt for wages;
Shall be guilty of a misdemeanor.
[ 2010 c 8 s 12055; 1941 c 72 s 1; 1939 c 195 s 1; Rem. Supp. 1941 s 7612-21.]
Notes:
Severability—1939 c 195: "If any section, subsection, sentence or clause of this act shall be adjudged unconstitutional, such adjudication shall not affect the validity of the act as a whole or of any section, subsection, sentence or clause thereof not adjudged unconstitutional." [ 1939 c 195 s 5; RRS s 7612-25.] This applies to RCW 49.52.050 through 49.52.080.

catchline: Rebates of wages—False records—Penalty.


title: RCW 49.52.060

text:
The provisions of RCW 49.52.050 shall not make it unlawful for an employer to withhold or divert any portion of an employee's wages when required or empowered so to do by state or federal law or when a deduction has been expressly authorized in writing in advance by the employee for a lawful purpose accruing to the benefit of such employee nor shall the provisions of RCW 49.52.050 make it unlawful for an employer to withhold deductions for medical, surgical, or hospital care or service, pursuant to any rule or regulation: PROVIDED, That the employer derives no financial benefit from such deduction and the same is openly, clearly and in due course recorded in the employer's books.
[ 1939 c 195 s 2; RRS s 7612-22.]
Notes:
Penalty for coercion as to purchase of goods, meals, etc.: RCW 49.48.020.
Public employment, payroll deductions: RCW 41.04.020, 41.04.030, 41.04.035, and 41.04.036.
Wages to be paid in lawful money or negotiable order, penalty: RCW 49.48.010.

catchline: Authorized withholding.


title: RCW 49.52.070

text:
Any employer and any officer, vice principal or agent of any employer who shall violate any of the provisions of RCW 49.52.050 (1) and (2) shall be liable in a civil action by the aggrieved employee or his or her assignee to judgment for twice the amount of the wages unlawfully rebated or withheld by way of exemplary damages, together with costs of suit and a reasonable sum for attorney's fees: PROVIDED, HOWEVER, That the benefits of this section shall not be available to any employee who has knowingly submitted to such violations.
[ 2010 c 8 s 12056; 1939 c 195 s 3; RRS s 7612-23.]

catchline: Civil liability for double damages.


title: RCW 49.52.080

text:
The violations by an employer or any officer, vice principal, or agent of any employer of any of the provisions of subdivisions (3), (4), and (5) of RCW 49.52.050 shall raise a presumption that any deduction from or underpayment of any employee's wages connected with such violation was wilful.
[ 1939 c 195 s 4; RRS s 7612-24.]

catchline: Presumption as to intent.


title: RCW 49.52.090

text:
Every person, whether as a representative of an awarding or public body or officer, or as a contractor or subcontractor doing public work, or agent or officer thereof, who takes or receives, or conspires with another to take or receive, for his or her own use or the use of any other person acting with him or her any part or portion of the wages paid to any laborer, worker, or mechanic, including a piece worker and working subcontractor, in connection with services rendered upon any public work within this state, whether such work is done directly for the state, or public body or officer thereof, or county, city and county, city, town, township, district or other political subdivision of the said state or for any contractor or subcontractor engaged in such public work for such an awarding or public body or officer, shall be guilty of a gross misdemeanor.
[ 2010 c 8 s 12057; 1935 c 29 s 1; RRS s 10320-1.]
Notes:
Prevailing wages must be paid on public works: RCW 39.12.020.

catchline: Rebates of wages on public works—Penalty.


title: RCW 49.56.010

text:
In all assignments of property made by any person to trustees or assignees on account of the inability of the person at the time of the assignment to pay his or her debts, or in proceedings in insolvency, the wages of the miners, mechanics, salespersons, servants, clerks, or laborers employed by such persons to the amount of one hundred dollars, each, and for services rendered within sixty days previously, are preferred claims, and must be paid by such trustees or assignees before any other creditor or creditors of the assignor.
[ 2010 c 8 s 12058; Code 1881 s 1972; 1877 p 223 s 34; RRS s 1204.]
Notes:
Construction—1877 p 224: "In construing the provisions of this act, words used in the masculine gender include the feminine and neuter, the singular number includes the plural and the plural the singular; the word person includes a corporation as well as a natural person, and the word writing includes printing." [ 1877 p 224 s 37.]
Construction—1877 p 224: "This act establishes the law of this territory respecting the subject to which it relates and its provisions and all proceedings under it are to be liberally construed with a view to effect its object." [ 1877 p 224 s 39.]
Repeal and saving—1877 p 224: "All acts relating to any kind or class of liens provided for in this act are hereby repealed, but no action or proceeding commenced before this act takes effect, and no right accrued is affected by such repeal but the proceedings therein must conform to the requirements of this act as far as applicable." [ 1877 p 224 s 38.]
Effective date—1877 p 224: "This act shall take effect and be in force from and after its passage and the approval thereof by the governor." (Approved, November 8th, 1877.) [ 1877 p 224 s 40.]

catchline: Priority of wages in insolvency.


title: RCW 49.56.020

text:
In case of the death of any employer, the wages of each miner, mechanic, salesperson, clerk, servant, and laborer for services rendered within sixty days next preceding the death of the employer, not exceeding one hundred dollars, rank in priority next after the funeral expenses, expenses of the last sickness, the charges and expenses of administering upon the estate and the allowance to the widow and infant children, and must be paid before other claims against the estate of the deceased person.
[ 2010 c 8 s 12059; Code 1881 s 1973; 1877 p 223 s 35; RRS s 1205.]

catchline: Preference on death of employer.


title: RCW 49.56.030

text:
In cases of executions, attachments, and writs of similar nature issued against any person, except for claims for labor done, any miners, mechanics, salespersons, servants, clerks, and laborers who have claims against the defendant for labor done, may give notice of their claims and the amount thereof, sworn to by the person making the claim to the creditor and the officer executing either of such writs at any time before the actual sale of property levied on, and unless such claim is disputed by the debtor or a creditor, such officer must pay to such person out of the proceeds of the sale, the amount each is entitled to receive for services rendered within sixty days next preceding the levy of the writ, not exceeding one hundred dollars. If any or all the claims so presented and claiming preference under this chapter, are disputed by either the debtor or a creditor, the person presenting the same must commence an action within ten days from the recovery thereof, and must prosecute his or her action with due diligence, or be forever barred from any claim of priority of payment thereof; and the officer shall retain possession of so much of the proceeds of the sale as may be necessary to satisfy such claim, until the determination of such action; and in case judgment be had for the claim or any part thereof, carrying costs, the costs taxable therein shall likewise be a preferred claim with the same rank as the original claim.
[ 2010 c 8 s 12060; Code 1881 s 1974; 1877 p 223 s 36; RRS s 1206.]

catchline: Priority in executions, attachments, etc.


title: RCW 49.56.040

text:
In distraint or insolvency proceedings affecting the assets of an employer, claims for labor, salaries or wages not to exceed six hundred dollars to each claimant which have been earned within three months before the date of the distraint or commencement of the proceeding shall be paramount and superior to any claim preferred or presented by an agency of the state: PROVIDED, That this section shall not apply to any compensation payable to an employer or to an officer, director, or stockholder of a corporate employer.
[ 1967 ex.s. c 86 s 1.]

catchline: Labor claims paramount to claims by state agencies.


title: RCW 49.58.005

text:
(1) The legislature finds that despite existing equal pay laws, there continues to be a gap in wages and advancement opportunities among workers in Washington, especially women and workers in other protected classes. Income disparities limit the ability of these workers to provide for their families, leading to higher rates of poverty among women and children and workers in other protected classes. The legislature finds that in order to promote fairness among workers, employees must be compensated equitably. Further, policies that encourage retaliation or discipline towards workers who discuss or inquire about compensation prevent workers from moving forward.
(2) The legislature intends to update the existing Washington state equal pay act, not modified since 1943, to address income disparities, employer discrimination, and retaliation practices, and to reflect the equal status of all workers in Washington state.
(3) The legislature finds that:
(a) The long-held business practice of inquiring about salary history has contributed to persistent earning inequalities;
(b) Historically, women have been offered lower initial pay than men for the same jobs even where their levels of education and experience are the same or comparable; and
(c) Lower starting salaries translate into lower pay, less family income, and more children and families in poverty.
(4) The legislature therefore intends to follow multiple other states and take the additional step towards gender equality by prohibiting an employer from seeking the wage or salary history of an applicant for employment in certain circumstances. Further, the legislature intends to require an employer to provide wage and salary information to applicants and employees.
[ 2024 c 353 s 1; 2019 c 345 s 1; 2018 c 116 s 1.]
Notes:
Effective date—2024 c 353: See note following RCW 49.58.020.
Short title—2019 c 345: "This chapter may be known and cited as the Washington equal pay and opportunities act." [ 2019 c 345 s 5.]

catchline: Findings—Intent.


title: RCW 49.58.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Compensation" means discretionary and nondiscretionary wages and benefits provided by an employer to an employee as a result of the employment relationship.
(2) "Department" means the department of labor and industries.
(3) "Director" means the director of the department of labor and industries, or the director's designated representative.
(4) "Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.
(5) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.
(6) "Protected class" means a person'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, as those terms are defined in RCW 49.60.040.
[ 2024 c 353 s 2; 2018 c 116 s 2.]
Notes:
Effective date—2024 c 353: See note following RCW 49.58.020.

catchline: Definitions.


title: RCW 49.58.020

text:
(1) Any employer in this state who discriminates in any way in providing compensation based on a person's gender or membership in a protected class between similarly employed employees of the employer is guilty of a misdemeanor. If any employee receives less compensation because of discrimination on account of the person's gender or membership in a protected class in violation of this section, that employee is entitled to the remedies in RCW 49.58.060 and 49.58.070. In such action, however, the employer shall be credited with any compensation which has been paid to the employee upon account.
(2) For purposes of this section, employees are similarly employed if the individuals work for the same employer, the performance of the job requires similar skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed.
(3)(a) Discrimination within the meaning of this section does not include a differential in compensation based in good faith on a bona fide job-related factor or factors that:
(i) Are consistent with business necessity;
(ii) Are not based on or derived from a gender-based differential and are not based on or derived from the employee being a member of a protected class; and
(iii) Account for the entire differential. More than one factor may account for the differential.
(b) Such bona fide factors include, but are not limited to:
(i) Education, training, or experience;
(ii) A seniority system;
(iii) A merit system;
(iv) A system that measures earnings by quantity or quality of production; or
(v) A bona fide regional difference in compensation levels.
(c) A differential in compensation based in good faith on a local government ordinance providing for a minimum wage different from state law does not constitute discrimination under this section.
(d) An individual's previous wage or salary history is not a defense under this section.
(e) The employer carries the burden of proof on these defenses.
(4) A person may file a complaint or bring an action under this chapter asserting discrimination based on the person's membership in more than one protected class.
[ 2024 c 353 s 3; 2018 c 116 s 3; 1943 c 254 s 1; Rem. Supp. 1943 s 7636-1. Formerly RCW 49.12.175, 49.12.210.]
Notes:
Effective date—2024 c 353: "This act takes effect July 1, 2025." [ 2024 c 353 s 6.]

catchline: Wage discrimination based on gender or membership in other protected class prohibited—Penalty—Civil recovery.


title: RCW 49.58.030

text:
(1) The legislature finds that equality of opportunity for advancement is key to reducing income disparities based on gender and memberships in protected classes. The legislature further finds that using gender or membership in a protected class as a factor in advancement contributes to pay inequity.
(2) An employer may not, on the basis of a person's gender or other membership in a protected class, limit or deprive an employee of career advancement opportunities that would otherwise be available.
(3) A differential in career advancement based on a bona fide job-related factor or factors that meet the criteria in RCW 49.58.020(3)(a) (i) through (iii) does not constitute discrimination within the meaning of this section. Such bona fide factors include, but are not limited to, the factors specified in RCW 49.58.020(3)(b) (i) through (iv).
(4)(a) If it is determined that an employer committed a pattern of violations of this section as to an employee or committed a violation of this section through application of a formal or informal employer policy or practice, the employee is entitled to the remedies in this section and in RCW 49.58.070.
(b) Upon complaint by an employee, the director must investigate to determine if there has been compliance with this section and the rules adopted to implement this section. The director, upon complaint, may also initiate an investigation on behalf of one or more employees for a violation of this section and the rules adopted to implement this section. The director may require the testimony of witnesses and production of documents as part of an investigation.
(c) If the director determines that a violation occurred, the director shall attempt to resolve the violation by conference and conciliation.
(d) If no agreement is reached to resolve the violation and the director determines that the employer committed a pattern of violations of this section as to an employee or committed a violation of this section through application of a formal or informal employer policy or practice, the director may issue a citation and notice of assessment and order:
(i) The employer to pay to the employee actual damages, statutory damages equal to the actual damages or $5,000, whichever is greater, and interest of one percent per month on all compensation owed;
(ii) The employer to pay to the department the costs of investigation and enforcement; and
(iii) Any other appropriate relief.
(e) In addition to the citation and notice of assessment, if the director determines that the employer committed a pattern of violations of this section as to an employee or committed a violation of this section through application of a formal or informal employer policy or practice, the director may order payment to the department of a civil penalty. The violation as to each affected employee constitutes a separate violation.
(i) For a first violation, the civil penalty may not exceed $500.
(ii) For a repeat violation, the civil penalty may not exceed $1,000 or 10 percent of the damages, whichever is greater.
(f) RCW 49.58.060 (3), (4), and (5) applies to this section.
(5) Subject to subsection (4)(a) of this section, a person may file a complaint or bring an action under this chapter asserting discrimination based on the person's membership in more than one protected class.
[ 2024 c 353 s 4; 2018 c 116 s 4.]
Notes:
Effective date—2024 c 353: See note following RCW 49.58.020.

catchline: Finding—When career advancement limited by gender or membership in other protected class—Remedies—Complaint—Penalties.


title: RCW 49.58.040

text:
(1) An employer may not:
(a) Require nondisclosure by an employee of his or her wages as a condition of employment; or
(b) Require an employee to sign a waiver or other document that prevents the employee from disclosing the amount of the employee's wages.
(2) An employer may not discharge or in any other manner retaliate against an employee for:
(a) Inquiring about, disclosing, comparing, or otherwise discussing the employee's wages or the wages of any other employee;
(b) Asking the employer to provide a reason for the employee's wages or lack of opportunity for advancement; or
(c) Aiding or encouraging an employee to exercise his or her rights under this section.
(3) An employer may prohibit an employee who has access to compensation information of other employees or applicants as part of such employee's essential job functions from disclosing the wages of the other employees or applicants to individuals who do not otherwise have access to such information, unless the disclosure is in response to a complaint or charge, in furtherance of an investigation, or consistent with the employer's legal duty to provide the information and the disclosure is part of the employee's essential job functions. An employee described in this subsection otherwise has the protections of this section, including to disclose the employee's wages without retaliation.
(4) This section does not require an employee to disclose the employee's compensation.
(5) This section does not permit an employee to violate the requirements in chapter 49.17 RCW and rules adopted under that chapter.
[ 2018 c 116 s 5.]

catchline: Certain employer conduct prohibited—Employee not required to disclose compensation.


title: RCW 49.58.050

text:
An employer may not retaliate, discharge, or otherwise discriminate against an employee because the employee has filed any complaint, or instituted or caused to be instituted any proceeding under this chapter, or has testified or is about to testify in any such proceeding, or because of the exercise by such employee on behalf of himself or herself or others of any right afforded by this chapter.
[ 2018 c 116 s 6.]

catchline: Employer retaliation prohibited.


title: RCW 49.58.060

text:
(1) Upon complaint by an employee, the director must investigate to determine if there has been compliance with RCW 49.58.020, 49.58.040, and 49.58.050, and the rules adopted under this chapter. The director, upon complaint, may also initiate an investigation on behalf of one or more employees for a violation of RCW 49.58.020, 49.58.040, and 49.58.050, and the rules adopted under this chapter. The director may require the testimony of witnesses and production of documents as part of an investigation.
(2) If the director determines that a violation occurred, the director shall attempt to resolve the violation by conference and conciliation.
(a) If no agreement is reached to resolve the violation, the director may issue a citation and notice of assessment and order the employer to pay to the complainant actual damages; statutory damages equal to the actual damages or five thousand dollars, whichever is greater; interest of one percent per month on all compensation owed; payment to the department of the costs of investigation and enforcement; and any other appropriate relief.
(b) In addition to the citation and notice of assessment, the director may order payment to the department of a civil penalty. For purposes of a civil penalty for violation of RCW 49.58.020 and 49.58.050, the violation as to each affected employee constitutes a separate violation.
(i) For a first violation, the civil penalty may not exceed five hundred dollars.
(ii) For a repeat violation, the civil penalty may not exceed one thousand dollars or ten percent of the damages, whichever is greater.
(3) An appeal from the director's determination may be taken in accordance with chapter 34.05 RCW. An employee who prevails is entitled to costs and reasonable attorneys' fees.
(4) The department must deposit civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.
(5) Any wages and interest owed must be calculated from four years from the last violation before the complaint.
[ 2018 c 116 s 7.]

catchline: Complaint by employee—Investigation by director—Resolving the violation—Penalties.


title: RCW 49.58.070

text:
(1) Subject to subsection (2) of this section, an employee may bring a civil action against an employer for violation of RCW 49.58.020 and 49.58.030 through 49.58.050 for actual damages; statutory damages equal to the actual damages or five thousand dollars, whichever is greater; interest of one percent per month on all compensation owed; and costs and reasonable attorneys' fees. The court may also order reinstatement and injunctive relief. The employee must bring a civil action within three years of the date of the alleged violation of this chapter regardless of whether the employee pursued an administrative complaint. Filing a civil action under this chapter shall terminate the director's processing of the complaint under RCW 49.58.030 or 49.58.060. Recovery of any wages and interest owed must be calculated from four years from the last violation prior to the date of filing the civil action.
(2) An employee alleging a violation of RCW 49.58.030 is entitled to relief only if the court determines that the employer committed a pattern of violations as to the employee or committed a violation through application of a formal or informal employer policy or practice.
[ 2018 c 116 s 8.]

catchline: Employee may bring civil action—Damages and relief.


title: RCW 49.58.080

text:
A violation of this chapter occurs when a discriminatory compensation decision or other practice is adopted, when an individual becomes subject to a discriminatory compensation decision or other practice, or when an individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice.
[ 2018 c 116 s 9.]

catchline: Violation of chapter—Adoption of discriminatory compensation decision or other practice.


title: RCW 49.58.090

text:
The department may adopt rules to implement this chapter.
[ 2025 c 115 s 2; 2018 c 116 s 11.]

catchline: Rules.


title: RCW 49.58.100

text:
(1) An employer may not:
(a) Seek the wage or salary history of an applicant for employment from the applicant or a current or former employer; or
(b) Require that an applicant's prior wage or salary history meet certain criteria, except as provided in subsection (2) of this section.
(2) An employer may confirm an applicant's wage or salary history:
(a) If the applicant has voluntarily disclosed the applicant's wage or salary history; or
(b) After the employer has negotiated and made an offer of employment with compensation to the applicant.
(3) An individual is entitled to the remedies in RCW 49.58.060 and 49.58.070 for violations of this section. Recovery of any wages and interest must be calculated from the first date wages were owed to the employee.
[ 2019 c 345 s 2.]
Notes:
Short title—2019 c 345: See note following RCW 49.58.005.

catchline: Employer seeking wage and salary history of applicants prohibited—Remedies.


title: RCW 49.58.110

text:
(1) Required disclosures in postings.
(a) The employer must disclose in each posting for each job opening: (i) The wage scale or salary range, except where the employer is offering only a fixed wage amount for the opening, the employer must disclose the fixed wage amount rather than a scale or range; and (ii) a general description of all of the benefits and other compensation to be offered to the hired applicant. For the purposes of this section, "posting" means any solicitation intended to recruit job applicants for a specific available position, including recruitment done directly by an employer or indirectly through a third party, and includes any postings done electronically, or with a printed hard copy, that includes qualifications for desired applicants. "Posting" does not include a solicitation for recruiting job applicants that is digitally replicated and published without an employer's consent.
(b) For any postings from July 27, 2025, through July 27, 2027, an employer must be afforded an opportunity to correct a violation of this subsection (1) before a job applicant may seek remedies under subsection (4) or (5) of this section. Any person may provide written notice to an employer alleging that the employer's posting does not comply with this subsection (1). If an employer receives notice from any person as to a particular posting, this constitutes adequate notice for the duration of that posting for any job applicant seeking remedies under subsection (4) or (5) of this section. If the employer corrects the posting within five business days of receiving the written notice and, where applicable, contacts any applicable third-party posting entity with a demand to correct the posting, then neither the department nor the court may assess or award penalties, damages, or other relief under this section for the violation. This subsection (1)(b) does not apply after July 27, 2027.
(2) Required disclosures for internal transfers and promotions.
Upon request of an employee offered an internal transfer to a new position or promotion, the employer must provide the wage scale or salary range for the employee's new position, except where the employer is offering only a fixed wage amount for the new position or promotion, the employer must disclose the fixed wage amount rather than a scale or range.
(3) Application.
This section only applies to employers with 15 or more employees.
(4) Administrative remedies.
(a) The director shall investigate if a job applicant or employee files a complaint with the department alleging a violation of this section. If the director determines that a violation occurred, the director shall attempt to resolve the violation by conference and conciliation. If no agreement is reached to resolve the violation, the director may issue a citation and notice of assessment and may order the employer to pay each affected job applicant or employee statutory damages of no less than $100 and no more than $5,000 per violation. If ordering statutory damages, the department shall consider the following when determining the amount of those damages: Whether the violation was committed willfully or the violation is a repeat violation; the size of the employer; the amount necessary to deter future noncompliance; the purposes of this chapter; and any other factor deemed appropriate by the department. In addition to statutory damages, the director may:
(i) Order payment of the department's costs of investigation and enforcement to the department;
(ii) Assess a civil penalty of up to $500 for a first violation or up to $1,000 for a repeat violation; and
(iii) Order actual damages, reinstatement, injunctive relief, or other appropriate relief for an employee injured by a violation of subsection (2) of this section.
(b) An appeal from the director's finding or determination may be made in accordance with chapter 34.05 RCW. An employee or job applicant who prevails is entitled to costs and reasonable attorneys' fees.
(c) The department shall deposit civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.
(5) Private civil action.
(a) A job applicant or employee may bring a civil action against an employer for a violation of this section. A prevailing job applicant or employee is entitled to statutory damages of no less than $100 and no more than $5,000 per violation, plus reasonable attorneys' fees and costs. In determining the amount of statutory damages, the court shall consider the following: Whether the violation was committed willfully or the violation is a repeat violation; the size of the employer; the amount necessary to deter future noncompliance; the purposes of this chapter; and any other factor deemed appropriate by the court. The court may also order actual damages, reinstatement, injunctive relief, and other appropriate remedies for an employee injured by a violation of subsection (2) of this section.
(b) The job applicant or employee shall bring a civil action within three years of the date of the alleged violation of this section regardless of whether the job applicant or employee pursued an administrative complaint. Filing a civil action under this subsection terminates the director's processing of the complaint under subsection (4) of this section. A job applicant or employee may be awarded damages by the department under subsection (4) of this section or the court under subsection (5) of this section, but not both.
(6) Exclusive remedies.
The administrative remedies and private right of action under this section constitute the exclusive remedies for violations of this section. The remedies under RCW 49.58.060 and 49.58.070 are not available for violations of this section.
(7) Rules.
The department may adopt rules for purposes of implementing and enforcing this section.
[ 2025 c 383 s 1; 2022 c 242 s 1; 2019 c 345 s 3.]
Notes:
Effective date—2022 c 242: "This act takes effect January 1, 2023." [ 2022 c 242 s 2.]
Short title—2019 c 345: See note following RCW 49.58.005.

catchline: Disclosure of wage or salary range by employer—When required—Violations—Remedies.


title: RCW 49.58.120

text:
(1) Unless driving is one of the essential job functions or is related to a legitimate business purpose for a position, it is unlawful for an employer to:
(a) Require a valid driver's license as a condition of employment; or
(b) Include a statement in a posting for a job opening for the position that an applicant must have a valid driver's license.
(2)(a) The director must investigate complaints regarding compliance with this section and any related rules adopted under this chapter. The director may require the testimony of witnesses and production of documents as part of an investigation.
(b) If the director determines a violation occurred, the director may issue a citation and notice of assessment and order the employer to pay to the complainant actual damages; statutory damages equal to the actual damages or $5,000, whichever is greater; interest of one percent per month on all compensation owed; payment to the department of the costs of investigation and enforcement; and any other appropriate relief.
(c) In addition to the citation and notice of assessment, the director may order payment to the department of a civil penalty.
(i) For a first violation, the civil penalty may not exceed $500.
(ii) For a repeat violation, the civil penalty may not exceed $1,000 or 10 percent of the damages, whichever is greater.
(d) If the investigation finds that the complainant's allegation cannot be substantiated, the department shall issue a closure letter to the complainant and the employer detailing such finding.
(3) An appeal from the director's determination may be taken in accordance with chapter 34.05 RCW. An employee who prevails is entitled to costs and reasonable attorneys' fees.
(4) The department must deposit civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.
(5) Any wages and interest owed must be calculated from four years from the last violation before the complaint.
[ 2025 c 115 s 1.]

catchline: Employer driving requirements.


title: RCW 49.58.900

text:
The department must develop educational materials and conduct outreach to inform individuals and businesses of the new provisions related to discrimination based on membership in a protected class.
[ 2024 c 353 s 5.]
Notes:
Effective date—2024 c 353: See note following RCW 49.58.020.

catchline: Department of labor and industries materials and outreach.


title: RCW 49.60.010

text:
This chapter shall be known as the "law against discrimination." It is an exercise of the police power of the state for the protection of the public welfare, health, and peace of the people of this state, and in fulfillment of the provisions of the Constitution of this state concerning civil rights. The legislature hereby finds and declares that practices of discrimination against any of its inhabitants because of race, creed, color, national origin, citizenship or immigration status, families with children, sex, marital status, sexual orientation, age, 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 are a matter of state concern, that such discrimination threatens not only the rights and proper privileges of its inhabitants but menaces the institutions and foundation of a free democratic state. A state agency is herein created with powers with respect to elimination and prevention of discrimination in employment, in credit and insurance transactions, in places of public resort, accommodation, or amusement, and in real property transactions because of race, creed, color, national origin, citizenship or immigration status, families with children, sex, marital status, sexual orientation, age, 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; and the commission established hereunder is hereby given general jurisdiction and power for such purposes.
[ 2020 c 52 s 1; 2007 c 187 s 1; 2006 c 4 s 1; 1997 c 271 s 1; 1995 c 259 s 1; 1993 c 510 s 1; 1985 c 185 s 1; 1973 1st ex.s. c 214 s 1; 1973 c 141 s 1; 1969 ex.s. c 167 s 1; 1957 c 37 s 1; 1949 c 183 s 1; Rem. Supp. 1949 s 7614-20.]
Notes:
Effective date—1995 c 259: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995." [ 1995 c 259 s 7.]
Severability—1993 c 510: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1993 c 510 s 26.]
Severability—1969 ex.s. c 167: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1969 ex.s. c 167 s 10.]
Severability—1957 c 37: "If any provision of this act or the application of such provision to any person or circumstance shall be held invalid, the remainder of such act or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby." [ 1957 c 37 s 27.]
Severability—1949 c 183: "If any provision of this act or the application of such provision to any person or circumstance shall be held invalid, the remainder of such act or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby." [ 1949 c 183 s 13.]
Community renewal law—Discrimination prohibited: RCW 35.81.170.

catchline: Purpose of chapter.


title: RCW 49.60.020

text:
The provisions of this chapter shall be construed liberally for the accomplishment of the purposes thereof. Nothing contained in this chapter shall be deemed to repeal any of the provisions of any other law of this state relating to discrimination because of race, color, creed, national origin, citizenship or immigration status, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability, other than a law which purports to require or permit doing any act which is an unfair practice under this chapter. However, to the extent that distinction or differential treatment on the basis of citizenship or immigration status is authorized by federal or state law, regulation, or government contract, it is not an unfair practice. Nor shall anything herein contained be construed to deny the right to any person to institute any action or pursue any civil or criminal remedy based upon an alleged violation of his or her civil rights. This chapter shall not be construed to endorse any specific belief, practice, behavior, or orientation. Inclusion of sexual orientation in this chapter shall not be construed to modify or supersede state law relating to marriage.
[ 2020 c 52 s 2; 2007 c 187 s 2; 2006 c 4 s 2; 1993 c 510 s 2; 1973 1st ex.s. c 214 s 2; 1973 c 141 s 2; 1957 c 37 s 2; 1949 c 183 s 12; Rem. Supp. 1949 s 7614-30.]
Notes:
Severability—1993 c 510: See note following RCW 49.60.010.

catchline: Construction of chapter—Election of other remedies.


title: RCW 49.60.030

text:
(1) The right to be free from discrimination because of race, creed, color, national origin, citizenship or immigration status, sex, honorably discharged veteran or military status, sexual orientation, 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 is recognized as and declared to be a civil right. This right shall include, but not be limited to:
(a) The right to obtain and hold employment without discrimination;
(b) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;
(c) The right to engage in real estate transactions without discrimination, including discrimination against families with children;
(d) The right to engage in credit transactions without discrimination;
(e) The right to engage in insurance transactions or transactions with health maintenance organizations without discrimination: PROVIDED, That a practice which is not unlawful under RCW 48.30.300, 48.44.220, or 48.46.370 does not constitute an unfair practice for the purposes of this subparagraph;
(f) The right to engage in commerce free from any discriminatory boycotts or blacklists. Discriminatory boycotts or blacklists for purposes of this section shall be defined as the formation or execution of any express or implied agreement, understanding, policy or contractual arrangement for economic benefit between any persons which is not specifically authorized by the laws of the United States and which is required or imposed, either directly or indirectly, overtly or covertly, by a foreign government or foreign person in order to restrict, condition, prohibit, or interfere with or in order to exclude any person or persons from any business relationship on the basis of race, color, creed, religion, sex, honorably discharged veteran or military status, sexual orientation, 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 national origin, citizenship or immigration status, or lawful business relationship: PROVIDED HOWEVER, That nothing herein contained shall prohibit the use of boycotts as authorized by law pertaining to labor disputes and unfair labor practices; and
(g) The right of a mother to breastfeed her child in any place of public resort, accommodation, assemblage, or amusement.
(2) Any person deeming himself or herself injured by any act in violation of this chapter shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys' fees or any other appropriate remedy authorized by this chapter or the United States Civil Rights Act of 1964 as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.).
(3) Except for any unfair practice committed by an employer against an employee or a prospective employee, or any unfair practice in a real estate transaction which is the basis for relief specified in the amendments to RCW 49.60.225 contained in chapter 69, Laws of 1993, any unfair practice prohibited by this chapter which is committed in the course of trade or commerce as defined in the Consumer Protection Act, chapter 19.86 RCW, is, for the purpose of applying that chapter, a matter affecting the public interest, is not reasonable in relation to the development and preservation of business, and is an unfair or deceptive act in trade or commerce.
[ 2020 c 52 s 4; 2009 c 164 s 1; 2007 c 187 s 3; 2006 c 4 s 3; 1997 c 271 s 2; 1995 c 135 s 3. Prior: 1993 c 510 s 3; 1993 c 69 s 1; 1984 c 32 s 2; 1979 c 127 s 2; 1977 ex.s. c 192 s 1; 1974 ex.s. c 32 s 1; 1973 1st ex.s. c 214 s 3; 1973 c 141 s 3; 1969 ex.s. c 167 s 2; 1957 c 37 s 3; 1949 c 183 s 2; Rem. Supp. 1949 s 7614-21.]
Notes:
Intent—1995 c 135: See note following RCW 29A.08.760.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1993 c 69 s 17.]
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
Severability—1957 c 37: See note following RCW 49.60.010.
Severability—1949 c 183: See note following RCW 49.60.010.

catchline: Freedom from discrimination—Declaration of civil rights.


title: RCW 49.60.040

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Aggrieved person" means any person who: (a) Claims to have been injured by an unfair practice in a real estate transaction; or (b) believes that he or she will be injured by an unfair practice in a real estate transaction that is about to occur.
(2) "Any place of public resort, accommodation, assemblage, or amusement" includes, but is not limited to, any place, licensed or unlicensed, kept for gain, hire, or reward, or where charges are made for admission, service, occupancy, or use of any property or facilities, whether conducted for the entertainment, housing, or lodging of transient guests, or for the benefit, use, or accommodation of those seeking health, recreation, or rest, or for the burial or other disposition of human remains, or for the sale of goods, merchandise, services, or personal property, or for the rendering of personal services, or for public conveyance or transportation on land, water, or in the air, including the stations and terminals thereof and the garaging of vehicles, or where food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports, or recreation of any kind is offered with or without charge, or where medical service or care is made available, or where the public gathers, congregates, or assembles for amusement, recreation, or public purposes, or public halls, public elevators, and public washrooms of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants, or any public library or educational institution, or schools of special instruction, or nursery schools, or day care centers or children's camps: PROVIDED, That nothing contained in this definition shall be construed to include or apply to any institute, bona fide club, or place of accommodation, which is by its nature distinctly private, including fraternal organizations, though where public use is permitted that use shall be covered by this chapter; nor shall anything contained in this definition apply to any educational facility, columbarium, crematory, mausoleum, or cemetery operated or maintained by a bona fide religious or sectarian institution: PROVIDED FURTHER, That this definition, as it relates to "service animal trainers" and "service animal trainees" as those terms are defined in this section, shall not include those places of public accommodation conducted for housing or lodging of transient guests.
(3) "Commission" means the Washington state human rights commission.
(4) "Complainant" means the person who files a complaint in a real estate transaction.
(5) "Covered multifamily dwelling" means: (a) Buildings consisting of four or more dwelling units if such buildings have one or more elevators; and (b) ground floor dwelling units in other buildings consisting of four or more dwelling units.
(6) "Credit transaction" includes any open or closed end credit transaction, whether in the nature of a loan, retail installment transaction, credit card issue or charge, or otherwise, and whether for personal or for business purposes, in which a service, finance, or interest charge is imposed, or which provides for repayment in scheduled payments, when such credit is extended in the regular course of any trade or commerce, including but not limited to transactions by banks, savings and loan associations or other financial lending institutions of whatever nature, stock brokers, or by a merchant or mercantile establishment which as part of its ordinary business permits or provides that payment for purchases of property or service therefrom may be deferred.
(7)(a) "Disability" means the presence of a sensory, mental, or physical impairment that:
(i) Is medically cognizable or diagnosable; or
(ii) Exists as a record or history; or
(iii) Is perceived to exist whether or not it exists in fact.
(b) A disability exists whether it is temporary or permanent, common or uncommon, mitigated or unmitigated, or whether or not it limits the ability to work generally or work at a particular job or whether or not it limits any other activity within the scope of this chapter.
(c) For purposes of this definition, "impairment" includes, but is not limited to:
(i) Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; or
(ii) Any mental, developmental, traumatic, or psychological disorder, including but not limited to cognitive limitation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
(d) Only for the purposes of qualifying for reasonable accommodation in employment, an impairment must be known or shown through an interactive process to exist in fact and:
(i) The impairment must have a substantially limiting effect upon the individual's ability to perform his or her job, the individual's ability to apply or be considered for a job, or the individual's access to equal benefits, privileges, or terms or conditions of employment; or
(ii) The employee must have put the employer on notice of the existence of an impairment, and medical documentation must establish a reasonable likelihood that engaging in job functions without an accommodation would aggravate the impairment to the extent that it would create a substantially limiting effect.
(e) For purposes of (d) of this subsection, a limitation is not substantial if it has only a trivial effect.
(8) "Dog guide" means a dog that is trained for the purpose of guiding blind persons or a dog that is trained for the purpose of assisting hearing impaired persons.
(9) "Dwelling" means any building, structure, or portion thereof that is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land that is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
(10) "Employee" does not include any individual employed by his or her parents, spouse, or child, or in the domestic service of any person.
(11) "Employer" includes any person acting in the interest of an employer, directly or indirectly, who employs eight or more persons, and does not include any religious or sectarian organization not organized for private profit.
(12) "Employment agency" includes any person undertaking with or without compensation to recruit, procure, refer, or place employees for an employer.
(13) "Families with children status" means one or more individuals who have not attained the age of eighteen years being domiciled with a parent or another person having legal custody of such individual or individuals, or with the designee of such parent or other person having such legal custody, with the written permission of such parent or other person. Families with children status also applies to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen years.
(14) "Full enjoyment of" includes the right to purchase any service, commodity, or article of personal property offered or sold on, or by, any establishment to the public, and the admission of any person to accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement, without acts directly or indirectly causing persons of any particular race, creed, color, sex, sexual orientation, national origin, or with any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, to be treated as not welcome, accepted, desired, or solicited.
(15) "Honorably discharged veteran or military status" means a person who is:
(a) A veteran, as defined in RCW 41.04.007; or
(b) An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves.
(16) "Labor organization" includes any organization which exists for the purpose, in whole or in part, of dealing with employers concerning grievances or terms or conditions of employment, or for other mutual aid or protection in connection with employment.
(17) "Marital status" means the legal status of being married, single, separated, divorced, or widowed.
(18) "National origin" includes "ancestry."
(19) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees and receivers, or any group of persons; it includes any owner, lessee, proprietor, manager, agent, or employee, whether one or more natural persons; and further includes any political or civil subdivisions of the state and any agency or instrumentality of the state or of any political or civil subdivision thereof.
(20) "Premises" means the interior or exterior spaces, parts, components, or elements of a building, including individual dwelling units and the public and common use areas of a building.
(21) "Race" is inclusive of traits historically associated or perceived to be associated with race including, but not limited to, hair texture and protective hairstyles. For purposes of this subsection, "protective hairstyles" includes, but is not limited to, such hairstyles as afros, braids, locks, and twists.
(22) "Real estate transaction" includes the sale, appraisal, brokering, exchange, purchase, rental, or lease of real property, transacting or applying for a real estate loan, or the provision of brokerage services.
(23) "Real property" includes buildings, structures, dwellings, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein.
(24) "Respondent" means any person accused in a complaint or amended complaint of an unfair practice in a real estate transaction.
(25) "Service animal" means any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by the service animal must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks. This subsection does not apply to RCW 49.60.222 through 49.60.227 with respect to housing accommodations or real estate transactions.
(26) "Service animal trainee" means any dog or miniature horse that is undergoing training to become a service animal.
(27) "Service animal trainer" means an individual exercising care, custody, and control over a service animal trainee during a course of training designed to develop the service animal trainee into a service animal.
(28) "Sex" means gender.
(29) "Sexual orientation" means heterosexuality, homosexuality, bisexuality, and gender expression or identity. As used in this definition, "gender expression or identity" means having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth.
[ 2024 c 161 s 1. Prior: 2020 c 85 s 1; 2018 c 176 s 2; prior: 2009 c 187 s 3; prior: 2007 c 317 s 2; 2007 c 187 s 4; 2006 c 4 s 4; 1997 c 271 s 3; 1995 c 259 s 2; prior: 1993 c 510 s 4; 1993 c 69 s 3; prior: 1985 c 203 s 2; 1985 c 185 s 2; 1979 c 127 s 3; 1973 c 141 s 4; 1969 ex.s. c 167 s 3; 1961 c 103 s 1; 1957 c 37 s 4; 1949 c 183 s 3; Rem. Supp. 1949 s 7614-22.]
Notes:
Declaration—Finding—Purpose—Effective date—2018 c 176: See notes following RCW 49.60.215.
Finding—2007 c 317: "The legislature finds that the supreme court, in its opinion in McClarty v. Totem Electric, 157 Wn.2d 214, 137 P.3d 844 (2006), failed to recognize that the law against discrimination affords to state residents protections that are wholly independent of those afforded by the federal Americans with disabilities act of 1990, and that the law against discrimination has provided such protections for many years prior to passage of the federal act." [ 2007 c 317 s 1.]
Retroactive application—2007 c 317: "This act is remedial and retroactive, and applies to all causes of action occurring before July 6, 2006, and to all causes of action occurring on or after July 22, 2007." [ 2007 c 317 s 3.]
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.
Construction—1961 c 103: "Nothing herein shall be construed to render any person or corporation liable for breach of preexisting contracts by reason of compliance by such person or corporation with this act." [ 1961 c 103 s 4.]
Severability—1957 c 37: See note following RCW 49.60.010.
Severability—1949 c 183: See note following RCW 49.60.010.


title: RCW 49.60.050

text:
There is created the "Washington state human rights commission," which shall be composed of five members to be appointed by the governor with the advice and consent of the senate, one of whom shall be designated as chairperson by the governor.
[ 1985 c 185 s 3; 1981 c 338 s 9; 1957 c 37 s 5; 1955 c 270 s 2. Prior: 1949 c 183 s 4, part; Rem. Supp. 1949 s 7614-23, part.]

catchline: Commission created.


title: RCW 49.60.051

text:
From and after August 9, 1971 the "Washington State Board Against Discrimination" shall be known and designated as the "Washington State Human Rights Commission".
[ 1971 ex.s. c 52 s 2.]

catchline: Board name changed to Washington State Human Rights Commission.


title: RCW 49.60.060

text:
One of the original members of the commission shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, one for a term of five years, but their successors shall be appointed for terms of five years each, except that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom the individual succeeds.
A member shall be eligible for reappointment.
A vacancy in the commission shall be filled within thirty days, the remaining members to exercise all powers of the commission.
Any member of the commission may be removed by the governor for inefficiency, neglect of duty, misconduct or malfeasance in office, after being given a written statement of the charges and an opportunity to be heard thereon.
[ 1985 c 185 s 4; 1955 c 270 s 3. Prior: 1949 c 183 s 4, part; Rem. Supp. 1949 s 7614-23, part.]

catchline: Membership of commission.


title: RCW 49.60.070

text:
Each member of the commission shall be compensated in accordance with RCW 43.03.250 and, while in session or on official business, shall receive reimbursement for travel expenses incurred during such time in accordance with RCW 43.03.050 and 43.03.060.
[ 1985 c 185 s 5; 1984 c 287 s 98; 1975-'76 2nd ex.s. c 34 s 145; 1955 c 270 s 4. Prior: 1949 c 183 s 4, part; Rem. Supp. 1949 s 7614-23, part.]
Notes:
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: Compensation and reimbursement for travel expenses of commission members.


title: RCW 49.60.080

text:
The commission shall adopt an official seal, which shall be judicially noticed.
[ 1985 c 185 s 6; 1955 c 270 s 5. Prior: (i) 1949 c 183 s 4, part; Rem. Supp. 1949 s 7614-23, part. (ii) 1949 c 183 s 6, part; Rem. Supp. 1949 s 7614-25, part.]

catchline: Official seal.


title: RCW 49.60.090

text:
The principal office of the commission shall be in the city of Olympia, but it may meet and exercise any or all of its powers at any other place in the state, and may establish such district offices as it deems necessary.
[ 1985 c 185 s 7; 1957 c 37 s 6; 1955 c 270 s 6. Prior: (i) 1949 c 183 s 4, part; Rem. Supp. 1949 s 7614-23, part. (ii) 1949 c 183 s 6, part; Rem. Supp. 1949 s 7614-25, part.]

catchline: Offices of commission.


title: RCW 49.60.100

text:
Subject to RCW 40.07.040, the commission, each biennium, shall report to the governor, describing the investigations, proceedings, and hearings it has conducted and their outcome, the decisions it has rendered, the recommendations it has issued, and the other work performed by it, and shall make such recommendations for further legislation as may appear desirable. The commission may present its reports to the legislature; the commission's reports shall be made available upon request.
[ 1987 c 505 s 55; 1985 c 185 s 8; 1977 c 75 s 74; 1955 c 270 s 7. Prior: 1949 c 183 s 4, part; Rem. Supp. 1949 s 7614-23, part.]

catchline: Reports of commission.


title: RCW 49.60.110

text:
The commission shall formulate policies to effectuate the purposes of this chapter and may make recommendations to agencies and officers of the state or local subdivisions of government in aid of such policies and purposes.
[ 1985 c 185 s 9; 1949 c 183 s 5; Rem. Supp. 1949 s 7614-24.]

catchline: Commission to formulate policies.


title: RCW 49.60.120

text:
The commission shall have the functions, powers, and duties:
(1) To appoint an executive director and chief examiner, and such investigators, examiners, clerks, and other employees and agents as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
(2) To obtain upon request and utilize the services of all governmental departments and agencies.
(3) To adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.
(4) To receive, impartially investigate, and pass upon complaints alleging unfair practices as defined in this chapter.
(5) To issue such publications and results of investigations and research as in its judgment will tend to promote good will and minimize or eliminate discrimination because of sex, sexual orientation, race, creed, color, national origin, citizenship or immigration status, marital status, age, 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.
(6) To make such technical studies as are appropriate to effectuate the purposes and policies of this chapter and to publish and distribute the reports of such studies.
(7) To cooperate and act jointly or by division of labor with the United States or other states, with other Washington state agencies, commissions, and other government entities, and with political subdivisions of the state of Washington and their respective human rights agencies to carry out the purposes of this chapter. However, the powers which may be exercised by the commission under this subsection permit investigations and complaint dispositions only if the investigations are designed to reveal, or the complaint deals only with, allegations which, if proven, would constitute unfair practices under this chapter. The commission may perform such services for these agencies and be reimbursed therefor.
(8) To foster good relations between minority and majority population groups of the state through seminars, conferences, educational programs, and other intergroup relations activities.
[ 2020 c 52 s 5; 2007 c 187 s 5; 2006 c 4 s 5; 1997 c 271 s 4. Prior: 1993 c 510 s 6; 1993 c 69 s 4; 1985 c 185 s 10; 1973 1st ex.s. c 214 s 4; 1973 c 141 s 7; 1971 ex.s. c 81 s 1; 1957 c 37 s 7; 1955 c 270 s 8; prior: 1949 c 183 s 6, part; Rem. Supp. 1949 s 7614-25, part.]
Notes:
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Effective date—1971 ex.s. c 81: "The effective date of this act shall be July 1, 1971." [ 1971 ex.s. c 81 s 6.]
Human rights commission to investigate unlawful use of refueling services for individuals with disabilities: RCW 49.60.360.

catchline: Certain powers and duties of commission.


title: RCW 49.60.130

text:
The commission has power to create such advisory agencies and conciliation councils, local, regional, or statewide, as in its judgment will aid in effectuating the purposes of this chapter. The commission may empower them to study the problems of discrimination in all or specific fields of human relationships or in specific instances of discrimination because of sex, race, creed, color, national origin, citizenship or immigration status, marital status, sexual orientation, age, 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; to foster through community effort or otherwise good will, cooperation, and conciliation among the groups and elements of the population of the state, and to make recommendations to the commission for the development of policies and procedures in general and in specific instances, and for programs of formal and informal education which the commission may recommend to the appropriate state agency.
Such advisory agencies and conciliation councils shall be composed of representative citizens, serving without pay, but with reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended, and the commission may make provision for technical and clerical assistance to such agencies and councils and for the expenses of such assistance. The commission may use organizations specifically experienced in dealing with questions of discrimination.
[ 2020 c 52 s 6; 2007 c 187 s 6; 2006 c 4 s 6; 1997 c 271 s 5; 1993 c 510 s 7; 1985 c 185 s 11; 1975-'76 2nd ex.s. c 34 s 146; 1973 1st ex.s. c 214 s 5; 1973 c 141 s 8; 1971 ex.s. c 81 s 2; 1955 c 270 s 9. Prior: 1949 c 183 s 6, part; Rem. Supp. 1949 s 7614-25, part.]
Notes:
Severability—1993 c 510: See note following RCW 49.60.010.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Effective date—1971 ex.s. c 81: See note following RCW 49.60.120.

catchline: May create advisory agencies and conciliation councils.


title: RCW 49.60.140

text:
The commission has power to hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath, and in connection therewith, to require the production for examination of any books or papers relating to any matter under investigation or in question before the commission. The commission may make rules as to the issuance of subpoenas by individual members, as to service of complaints, decisions, orders, recommendations and other process or papers of the commission, its member, agent, or agency, either personally or by registered mail, return receipt requested, or by leaving a copy thereof at the principal office or place of business of the person required to be served. The return post office receipt, when service is by registered mail, shall be proof of service of the same.
[ 1985 c 185 s 12; 1955 c 270 s 10. Prior: 1949 c 183 s 6, part; Rem. Supp. 1949 s 7614-25, part.]

catchline: Commission may hold hearings and subpoena witnesses.


title: RCW 49.60.150

text:
No person shall be excused from attending and testifying or from producing records, correspondence, documents or other evidence in obedience to the subpoena of the commission or of any individual member, on the ground that the testimony or evidence required of the person may tend to incriminate or subject the person to a penalty or forfeiture, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which the person is compelled, after having claimed the privilege against self-incrimination, to testify or produce evidence, except that such person so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. The immunity herein provided shall extend only to natural persons so compelled to testify.
[ 1985 c 185 s 13; 1955 c 270 s 11. Prior: 1949 c 183 s 6, part; Rem. Supp. 1949 s 7614-25, part.]

catchline: Witnesses compelled to testify.


title: RCW 49.60.160

text:
In case of contumacy or refusal to obey a subpoena issued to any person, the superior court of any county within the jurisdiction of which the investigation, proceeding, or hearing is carried on or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the commission shall have jurisdiction to issue to such person an order requiring such person to appear before the commission, its member, agent, or agency, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question. Any failure to obey such order of the court may be punished by the court as a contempt thereof.
[ 1985 c 185 s 14; 1955 c 270 s 12. Prior: 1949 c 183 s 6, part; Rem. Supp. 1949 s 7614-25, part.]

catchline: Refusals may be punished as contempt of court.


title: RCW 49.60.170

text:
Witnesses before the commission, its member, agent, or agency, shall be paid the same fees and mileage that are paid witnesses in the courts of this state. Witnesses whose depositions are taken and the person taking the same shall be entitled to same fees as are paid for like services in the courts of the state.
[ 1985 c 185 s 15; 1955 c 270 s 13. Prior: 1949 c 183 s 6, part; Rem. Supp. 1949 s 7614-25, part.]
Notes:
Courts of record—Witnesses: Chapter 2.40 RCW.
Discovery and depositions: Title 5 RCW; see also Rules of Court, CR 26 through 37.

catchline: Witness fees—Deposition fees.


title: RCW 49.60.172

text:
(1) No person may require an individual to take an HIV or hepatitis C test, as a condition of hiring, promotion, or continued employment unless the absence of HIV or hepatitis C infection is a bona fide occupational qualification for the job in question.
(2) No person may discharge or fail or refuse to hire any individual, or segregate or classify any individual in any way which would deprive or tend to deprive that individual of employment opportunities or adversely affect his or her status as an employee, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of the results of an HIV test or hepatitis C test unless the absence of HIV or hepatitis C infection is a bona fide occupational qualification of the job in question.
(3) The absence of HIV or hepatitis C infection as a bona fide occupational qualification exists when performance of a particular job can be shown to present a significant risk, as defined by the board of health by rule, of transmitting HIV or hepatitis C infection to other persons, and there exists no means of eliminating the risk by restructuring the job.
(4) For the purpose of this chapter, any person who is actually infected with HIV or hepatitis C, but is not disabled as a result of the infection, shall not be eligible for any benefits under the affirmative action provisions of chapter 49.74 RCW solely on the basis of such infection.
(5) Employers are immune from civil action for damages arising out of transmission of HIV or hepatitis C to employees or to members of the public unless such transmission occurs as a result of the employer's gross negligence.
[ 2020 c 76 s 19; 2003 c 273 s 2; 1988 c 206 s 903.]

catchline: Unfair practices with respect to HIV or hepatitis C infection.


title: RCW 49.60.174

text:
(1) For the purposes of determining whether an unfair practice under this chapter has occurred, claims of discrimination based on actual or perceived HIV or hepatitis C infection shall be evaluated in the same manner as other claims of discrimination based on sensory, mental, or physical disability; or the use of a trained dog guide or service animal by a disabled person.
(2) Subsection (1) of this section shall not apply to transactions with insurance entities, health service contractors, or health maintenance organizations subject to RCW 49.60.030(1)(e) or 49.60.178 to prohibit fair discrimination on the basis of actual HIV or actual hepatitis C infection status when bona fide statistical differences in risk or exposure have been substantiated.
(3) For the purposes of this chapter:
(a) "HIV" means the human immunodeficiency virus, and includes all HIV and HIV-related viruses which damage the cellular branch of the human immune system and leave the infected person immunodeficient; and
(b) "Hepatitis C" means the hepatitis C virus of any genotype.
[ 2003 c 273 s 3; 1997 c 271 s 6; 1993 c 510 s 8; 1988 c 206 s 902.]
Notes:
Severability—1993 c 510: See note following RCW 49.60.010.

catchline: Evaluation of claim of discrimination—Actual or perceived HIV or hepatitis C infection.


title: RCW 49.60.175

text:
It shall be an unfair practice to use the sex, race, creed, color, national origin, citizenship or immigration status, marital status, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability of any person, or the use of a trained dog guide or service animal by a person with a disability, concerning an application for credit in any credit transaction to determine the creditworthiness of an applicant.
[ 2020 c 52 s 7; 2007 c 187 s 7; 2006 c 4 s 7; 1997 c 271 s 7; 1993 c 510 s 9; 1979 c 127 s 4; 1977 ex.s. c 301 s 14; 1973 c 141 s 9; 1959 c 68 s 1.]
Notes:
Severability—1993 c 510: See note following RCW 49.60.010.
Fairness in lending act: RCW 30A.04.500 through 30A.04.515.

catchline: Unfair practices of financial institutions.


title: RCW 49.60.176

text:
(1) It is an unfair practice for any person whether acting for himself, herself, or another in connection with any credit transaction because of race, creed, color, national origin, citizenship or immigration status, sex, marital status, honorably discharged veteran or military status, sexual orientation, 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:
(a) To deny credit to any person;
(b) To increase the charges or fees for or collateral required to secure any credit extended to any person;
(c) To restrict the amount or use of credit extended or to impose different terms or conditions with respect to the credit extended to any person or any item or service related thereto;
(d) To attempt to do any of the unfair practices defined in this section.
(2) Nothing in this section shall prohibit any party to a credit transaction from considering the credit history of any individual applicant.
(3) Further, nothing in this section shall prohibit any party to a credit transaction from considering the application of the community property law to the individual case or from taking reasonable action thereon.
[ 2020 c 52 s 8; 2007 c 187 s 8; 2006 c 4 s 8; 1997 c 271 s 8; 1993 c 510 s 10; 1979 c 127 s 5; 1973 c 141 s 5.]
Notes:
Severability—1993 c 510: See note following RCW 49.60.010.

catchline: Unfair practices with respect to credit transactions.


title: RCW 49.60.178

text:
(1) It is an unfair practice for any person whether acting for himself, herself, or another in connection with an insurance transaction or transaction with a health maintenance organization to cancel or fail or refuse to issue or renew insurance or a health maintenance agreement to any person because of sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration 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 disabilities: PROVIDED, That a practice which is not unlawful under RCW 48.30.300, 48.44.220, 48.46.370, or 48.43.0128 does not constitute an unfair practice for the purposes of this section. For the purposes of this section, "insurance transaction" is defined in RCW 48.01.060, health maintenance agreement is defined in RCW 48.46.020, and "health maintenance organization" is defined in RCW 48.46.020.
(2) The fact that such unfair practice may also be a violation of chapter 48.30, 48.43, 48.44, or 48.46 RCW does not constitute a defense to an action brought under this section.
(3) The insurance commissioner, under RCW 48.30.300 and 48.43.0128, and the human rights commission, under chapter 49.60 RCW, shall have concurrent jurisdiction under this section and shall enter into a working agreement as to procedure to be followed in complaints under this section.
[ 2021 c 280 s 1; 2020 c 52 s 9; 2006 c 4 s 9; 1997 c 271 s 9; 1993 c 510 s 11; 1984 c 32 s 1; 1979 c 127 s 6; 1974 ex.s. c 32 s 2; 1973 c 141 s 6.]
Notes:
Short title—2021 c 280: "This act shall be known and cited as the Gender-Affirming Treatment Act." [ 2021 c 280 s 5.]
Severability—1993 c 510: See note following RCW 49.60.010.

catchline: Unfair practices with respect to insurance transactions.