RCW 49.60.400
Discrimination, preferential treatment prohibited.
(1) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
(2) This section applies only to action taken after December 3, 1998.
(3) This section does not affect any law or governmental action that does not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin.
(4) This section does not affect any otherwise lawful classification that:
(a) Is based on sex and is necessary for sexual privacy or medical or psychological treatment; or
(b) Is necessary for undercover law enforcement or for film, video, audio, or theatrical casting; or
(c) Provides for separate athletic teams for each sex.
(5) This section does not invalidate any court order or consent decree that is in force as of December 3, 1998.
(6) This section does not prohibit action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the state.
(7) Nothing in this section prohibits schools established under chapter 28A.715 RCW from:
(a) Implementing a policy of Indian preference in employment; or
(b) Prioritizing the admission of tribal members where capacity of the school's programs or facilities is not as large as demand.
(8) For the purposes of this section, "state" includes, but is not necessarily limited to, the state itself, any city, county, public college or university, community college, school district, special district, or other political subdivision or governmental instrumentality of or within the state.
(9) The remedies available for violations of this section shall be the same, regardless of the injured party's race, sex, color, ethnicity, or national origin, as are otherwise available for violations of Washington antidiscrimination law.
(10) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law, the United States Constitution, or the Washington state Constitution, the section shall be implemented to the maximum extent that federal law, the United States Constitution, and the Washington state Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.
[ 2013 c 242 § 7; (2019 c 160 § 3, Referendum Measure No. 88 failed to become law); 1999 c 3 § 1 (Initiative Measure No. 200, approved November 3, 1998).]
Structure Revised Code of Washington
Chapter 49.60 - Discrimination—Human Rights Commission.
49.60.010 - Purpose of chapter.
49.60.020 - Construction of chapter—Election of other remedies.
49.60.030 - Freedom from discrimination—Declaration of civil rights.
49.60.050 - Commission created.
49.60.051 - Board name changed to Washington State Human Rights Commission.
49.60.060 - Membership of commission.
49.60.070 - Compensation and reimbursement for travel expenses of commission members.
49.60.090 - Offices of commission.
49.60.100 - Reports of commission.
49.60.110 - Commission to formulate policies.
49.60.120 - Certain powers and duties of commission.
49.60.130 - May create advisory agencies and conciliation councils.
49.60.140 - Commission may hold hearings and subpoena witnesses.
49.60.150 - Witnesses compelled to testify.
49.60.160 - Refusals may be punished as contempt of court.
49.60.170 - Witness fees—Deposition fees.
49.60.172 - Unfair practices with respect to HIV or hepatitis C infection.
49.60.174 - Evaluation of claim of discrimination—Actual or perceived HIV or hepatitis C infection.
49.60.175 - Unfair practices of financial institutions.
49.60.176 - Unfair practices with respect to credit transactions.
49.60.178 - Unfair practices with respect to insurance transactions.
49.60.180 - Unfair practices of employers.
49.60.190 - Unfair practices of labor unions.
49.60.200 - Unfair practices of employment agencies.
49.60.205 - Age discrimination—Limitation.
49.60.208 - Unfair practice—Religious affiliation disclosure.
49.60.220 - Unfair practice to aid violation.
49.60.222 - Unfair practices with respect to real estate transactions, facilities, or services.
49.60.225 - Relief for unfair practice in real estate transaction—Damages—Penalty.
49.60.226 - Cooperative agreements between units of government for processing complaints.
49.60.230 - Complaint may be filed with commission.
49.60.240 - Complaint investigated—Procedure—Conference, conciliation—Agreement, findings—Rules.
49.60.260 - Enforcement of orders of administrative law judge—Appellate review of court order.
49.60.270 - Appeal from orders of administrative law judge.
49.60.280 - Court shall expeditiously hear and determine.
49.60.310 - Misdemeanor to interfere with or resist commission.
49.60.320 - Governor may act on orders against state or political subdivisions.
49.60.340 - Election for civil action in lieu of hearing—Relief.
49.60.350 - Temporary or preliminary relief—Superior court jurisdiction—Petition of commission.
49.60.380 - License waiver for dog guide and service animals.
49.60.390 - Rule-making authority—Deadline—1997 c 271.
49.60.400 - Discrimination, preferential treatment prohibited.
49.60.401 - Short title—1999 c 3.
49.60.405 - Distinction or differential treatment—When authorized.
49.60.500 - Community athletics programs—Sex discrimination prohibited—Definitions.
49.60.505 - Community athletics programs—Nondiscrimination policy required.
49.60.510 - Privileged health information—Noneconomic damages—Waivers.
49.60.520 - Television closed-captioning in places of public accommodation.