RCW ch. 49.60 — Revised Code of Washington Chapter 49.60 RCW — Discrimination—Human Rights Commission

RCW 49.60.010 Purpose of chapter. 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— RCW 49.60.020 Construction of chapter—Election of other remedies. 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— RCW 49.60.030 Freedom from discrimination—Declaration of civil rights. (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— RCW 49.60.040 Definitions. 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— RCW 49.60.050 Commission created. 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.] RCW 49.60.051 Board name changed to Washington State Human Rights Commission. 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.] RCW 49.60.060 Membership of commission. 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.] RCW 49.60.070 Compensation and reimbursement for travel expenses of commission members. 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— RCW 49.60.080 Official seal. 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.] RCW 49.60.090 Offices of commission. 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.] RCW 49.60.100 Reports of commission. 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.] RCW 49.60.110 Commission to formulate policies. 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.] RCW 49.60.120 Certain powers and duties of commission. 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— RCW 49.60.130 May create advisory agencies and conciliation councils. 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— RCW 49.60.140 Commission may hold hearings and subpoena witnesses. 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.] RCW 49.60.150 Witnesses compelled to testify. 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.] RCW 49.60.160 Refusals may be punished as contempt of court. 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.] RCW 49.60.170 Witness fees—Deposition fees. 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— RCW 49.60.172 Unfair practices with respect to HIV or hepatitis C infection. (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.] RCW 49.60.174 Evaluation of claim of discrimination—Actual or perceived HIV or hepatitis C infection. (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— RCW 49.60.175 Unfair practices of financial institutions. 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— RCW 49.60.176 Unfair practices with respect to credit transactions. (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— RCW 49.60.178 Unfair practices with respect to insurance transactions. (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— RCW 49.60.180 Unfair practices of employers. It is an unfair practice for any employer: (1) To refuse to hire any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification: PROVIDED, That the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved: PROVIDED, That this section shall not be construed to require an employer to establish employment goals or quotas based on sexual orientation. (2) To discharge or bar any person from employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. (3) To discriminate against any person in compensation or in other terms or conditions of employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability: PROVIDED, That it shall not be an unfair practice for an employer to segregate washrooms or locker facilities on the basis of sex, or to base other terms and conditions of employment on the sex of employees where the commission by regulation or ruling in a particular instance has found the employment practice to be appropriate for the practical realization of equality of opportunity between the sexes. (4) To print, or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification: PROVIDED, Nothing contained herein shall prohibit advertising in a foreign language. [ 2020 c 52 s 10; 2007 c 187 s 9; 2006 c 4 s 10; 1997 c 271 s 10; 1993 c 510 s 12; 1985 c 185 s 16; 1973 1st ex.s. c 214 s 6; 1973 c 141 s 10; 1971 ex.s. c 81 s 3; 1961 c 100 s 1; 1957 c 37 s 9. Prior: 1949 c 183 s 7, part; Rem. Supp. 1949 s 7614-26, part.] NOTES: Severability— RCW 49.60.190 Unfair practices of labor unions. It is an unfair practice for any labor union or labor organization: (1) To deny membership and full membership rights and privileges to any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. (2) To expel from membership any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. (3) To discriminate against any member, employer, employee, or other person to whom a duty of representation is owed because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. [ 2020 c 52 s 11; 2007 c 187 s 10; 2006 c 4 s 11; 1997 c 271 s 11; 1993 c 510 s 13; 1985 c 185 s 17; 1973 1st ex.s. c 214 s 8; 1973 c 141 s 11; 1971 ex.s. c 81 s 4; 1961 c 100 s 2; 1957 c 37 s 10. Prior: 1949 c 183 s 7, part; Rem. Supp. 1949 s 7614-26, part.] NOTES: Severability— RCW 49.60.200 Unfair practices of employment agencies. It is an unfair practice for any employment agency to fail or refuse to classify properly or refer for employment, or otherwise to discriminate against, an individual because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or to print or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification or discrimination as to age, sex, race, sexual orientation, creed, color, or national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification: PROVIDED, Nothing contained herein shall prohibit advertising in a foreign language. [ 2020 c 52 s 12; 2007 c 187 s 11; 2006 c 4 s 12; 1997 c 271 s 12; 1993 c 510 s 14; 1973 1st ex.s. c 214 s 9; 1973 c 141 s 12; 1971 ex.s. c 81 s 5; 1961 c 100 s 3; 1957 c 37 s 11. Prior: 1949 c 183 s 7, part; Rem. Supp. 1949 s 7614-26, part.] NOTES: Severability— RCW 49.60.205 Age discrimination—Limitation. No person shall be considered to have committed an unfair practice on the basis of age discrimination unless the practice violates RCW 49.44.090. It is a defense to any complaint of an unfair practice of age discrimination that the practice does not violate RCW 49.44.090. [ 1993 c 510 s 15; 1985 c 185 s 28.] NOTES: Severability— RCW 49.60.208 Unfair practice—Religious affiliation disclosure. It is an unfair practice for an employer to: (1) Require an employee to disclose his or her sincerely held religious affiliation or beliefs, unless the disclosure is for the purpose of providing a religious accommodation at the request of the employee; or (2) Require or authorize an employee to disclose information about the religious affiliation of another employee, unless the individual whose religious affiliation will be disclosed (a) expressly consents to the disclosure, and (b) has knowledge of the purpose for the disclosure. [ 2018 c 303 s 2.] RCW 49.60.210 Unfair practices—Discrimination against person opposing unfair practice—Retaliation against whistleblower. (1) It is an unfair practice for any employer, employment agency, labor union, or other person to discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden by this chapter, or because he or she has filed a charge, testified, or assisted in any proceeding under this chapter. (2) It is an unfair practice for a government agency or government manager or supervisor to retaliate against a whistleblower as defined in chapter 42.40 RCW. (3) It is an unfair practice for any employer, employment agency, labor union, government agency, government manager, or government supervisor to discharge, expel, discriminate, or otherwise retaliate against an individual assisting with an office of fraud and accountability investigation under RCW 74.04.012, unless the individual has willfully disregarded the truth in providing information to the office. [ 2011 1st sp.s. c 42 s 25; 1992 c 118 s 4; 1985 c 185 s 18; 1957 c 37 s 12. Prior: 1949 c 183 s 7, part; Rem. Supp. 1949 s 7614-26, part.] NOTES: Findings— RCW 49.60.212 Unfair practice—Discrimination against domestic workers. (Effective July 1, 2027.) (1) This section applies only where a domestic worker is not afforded protections from the actions of a hiring entity under RCW 49.60.180. (2)(a) It is an unfair practice for any hiring entity to discriminate against a domestic worker in compensation because of the domestic worker's age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. (b) It is an unfair practice for any hiring entity to discharge a domestic worker from employment because of the domestic worker's age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. (3) The complaint process under RCW 49.60.230 through 49.60.280 is not available for unfair practices under this section. A domestic worker injured by a violation of this section may file a civil action under RCW 49.60.030(2). (4) For purposes of this section: (a) "Domestic worker" has the same meaning as defined in RCW 49.96.010, as limited by other applicable definitions in RCW 49.96.010, including but not limited to "casual labor" and "family member." "Domestic worker" does not include an employee, as defined in this chapter, who is otherwise afforded protections by RCW 49.60.180. (b) "Hiring entity" has the same meaning as defined in RCW 49.96.010. [ 2026 c 15 s 15.] NOTES: Effective date— RCW 49.60.214 Misrepresentation of an animal as a service animal—Civil infraction—Investigation and enforcement. (1) It shall be a civil infraction under chapter 7.80 RCW for any person to misrepresent an animal as a service animal or service animal trainee. A violation of this section occurs when a person: (a) Expressly or impliedly represents that an animal is a service animal or service animal trainee for the purpose of securing the rights or privileges afforded disabled persons accompanied by service animals set forth in state or federal law; and (b) Knew or should have known that the animal in question did not meet the definition of a service animal or service animal trainee. (2)(a) An enforcement officer as defined under RCW 7.80.040 may investigate and enforce this section by making an inquiry of the person accompanied by the animal in question and issuing a civil infraction. Refusal to answer the questions allowable under (b) of this subsection shall create a presumption that the animal is not a service animal or service animal trainee and the enforcement officer may issue a civil infraction and require the person to remove the animal from the place of public accommodation. (b) An enforcement officer or place of public accommodation shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal or service animal trainee. An enforcement officer or place of public accommodation may ask if the animal is required because of a disability and what work or task the animal has been trained or is in training to perform. An enforcement officer or place of public accommodation shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, or require that the service animal demonstrate its task. Generally, an enforcement officer or place of public accommodation may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for a person with a disability, such as a dog is observed guiding a person who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to a person with an observable mobility disability. [ 2024 c 161 s 2; 2018 c 176 s 4.] NOTES: Declaration— RCW 49.60.215 Unfair practices of places of public resort, accommodation, assemblage, amusement—Trained dog guides and service animals—Miniature horses—Damage caused by service animal trainee—Control of service animal trainee. (1) It shall be an unfair practice for any person or the person's agent or employee to: (a) Commit an act which directly or indirectly results in any distinction, restriction, or discrimination; (b) Require any person to pay a larger sum than the uniform rates charged other persons; (c) Refuse or withhold from any person the admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging in any place of public resort, accommodation, assemblage, or amusement. (2) Notwithstanding subsection (1) of this section, a person or the person's agent or employee may enforce conditions and limitations established by law and applicable to all persons, regardless of race, creed, color, national origin, citizenship or immigration status, sexual orientation, sex, honorably discharged veteran or military status, status as a mother breastfeeding her child, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability: PROVIDED, That this section shall not be construed to require structural changes, modifications, or additions to make any place accessible to a person with a disability except as otherwise required by law: PROVIDED, That behavior or actions constituting a risk to property or other persons can be grounds for refusal and shall not constitute an unfair practice. (3) A place of public accommodation must make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability in accordance with RCW 49.60.040(25) if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability. In determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a facility, a place of public accommodation must act in accordance with all applicable laws and regulations. (4) If a place of public accommodation customarily charges a person for damages that the person causes to the place, the place may charge a service animal trainer for damages that a service animal trainee causes to the place. (5) A service animal trainer must maintain control of a service animal trainee. Except as provided in this subsection, control must be exerted by means of a harness, leash, or other tether. If the use of a harness, leash, or other tether would interfere with the ability of the animal to do the work or perform the tasks for which the animal is being trained, control may be exerted by the effective use of voice commands, signals, or other means. If an animal is not under control as required in this subsection, a place of public accommodation may consider the animal to be out of control for purposes of subsection (6) of this section. (6)(a) Except as provided in this subsection, a place of public accommodation may not deny a service animal trainer the right to be accompanied by a service animal trainee in any area of the place that is open to the public or to business invitees. A place of public accommodation may require a service animal trainer to remove a service animal trainee if: (i) The animal is not trained to urinate and defecate outside of the facility or only in an appropriate place; or (ii) The animal is out of control and effective action is not taken to control the animal. (b) A place of public accommodation may impose legitimate requirements necessary for the safe operation of the place of public accommodation. The place of public accommodation must ensure that the safety requirements are based on actual risks, not on speculation, stereotypes, or generalizations about persons with disabilities. (c) A place of public accommodation may post signage indicating the misrepresentation of an animal as a service animal or service animal trainee may result in a civil infraction of up to $500 pursuant to chapter 7.80 RCW. (7) A place of public accommodation must make reasonable modifications as necessary to allow an opportunity for a person with a disability who is benefited by the use of a dog guide or service animal to obtain goods, services, and the use of the advantages, facilities, and privileges of the place. For purposes of this subsection, except as provided in subsection (6) of this section, in addition to any other applicable accommodation requirement, allowing the presence of the service animal is a reasonable modification. (8) A place of public accommodation is not required to provide care or supervision for a service animal or service animal trainee. (9) The protection granted under this section to a person with a disability or service animal trainer does not invalidate or limit the remedies, rights, and procedures of any other federal, state, or local laws that provide equal or greater protection of the rights of a person with a disability, service animal trainer, or individuals associated with a person with a disability. [ 2024 c 161 s 3; 2020 c 52 s 13; 2018 c 176 s 3; 2011 c 237 s 1; 2009 c 164 s 2; 2007 c 187 s 12; 2006 c 4 s 13; 1997 c 271 s 13; 1993 c 510 s 16. Prior: 1985 c 203 s 1; 1985 c 90 s 6; 1979 c 127 s 7; 1957 c 37 s 14.] NOTES: Declaration— RCW 49.60.220 Unfair practice to aid violation. It is an unfair practice for any person to aid, abet, encourage, or incite the commission of any unfair practice, or to attempt to obstruct or prevent any other person from complying with the provisions of this chapter or any order issued thereunder. [ 1957 c 37 s 13. Prior: 1949 c 183 s 7, part; Rem. Supp. 1949 s 7614-26, part.] RCW 49.60.222 Unfair practices with respect to real estate transactions, facilities, or services. (1) It is an unfair practice for any person, whether acting for himself, herself, or another, because of sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, families with children status, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability: (a) To refuse to engage in a real estate transaction with a person; (b) To discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith; (c) To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person; (d) To refuse to negotiate for a real estate transaction with a person; (e) To represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or to fail to bring a property listing to his or her attention, or to refuse to permit the person to inspect real property; (f) To discriminate in the sale or rental, or to otherwise make unavailable or deny a dwelling, to any person; or to a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or to any person associated with the person buying or renting; (g) To make, print, circulate, post, or mail, or cause to be so made or published a statement, advertisement, or sign, or to use a form of application for a real estate transaction, or to make a record or inquiry in connection with a prospective real estate transaction, which indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination with respect thereto; (h) To offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith; (i) To expel a person from occupancy of real property; (j) To discriminate in the course of negotiating, executing, or financing a real estate transaction whether by mortgage, deed of trust, contract, or other instrument imposing a lien or other security in real