![]()
CHAPTER 49.60 RCW
DISCRIMINATION--HUMAN RIGHTS COMMISSION
Sections
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.
49.60.040 Definitions.
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.
49.60.080 Official seal.
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 infection.
49.60.174 Evaluation of claim of discrimination--Actual or perceived HIV 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 insurancetransactions.
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.
49.60.210 Unfair practices--Discrimination against person opposing unfair practice--Retaliation against whistleblower.
49.60.215 Unfair practices of places of public resort, accommodation, assemblage, amusement.
49.60.220 Unfair practice to aid violation.
49.60.222 Unfair practices with respect to real estate transactions, facilities, or services.
49.60.223 Unfair practice to induce sale or rental of real property by representations regarding entry into neighborhood of persons of particular race, disability, etc.
49.60.2235 Unfair practice to coerce, intimidate, threaten, or interfere regarding secured real estate transaction rights.
49.60.224 Real property contract provisions restricting conveyance, encumbrance, occupancy, or use to persons of particular race, disability, etc.,
void--Unfair practice.
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.
49.60.227 Declaratory judgment action to strike discriminatory provision of real property contract.
49.60.230 Complaint may be filed with commission.
49.60.240 Complaint investigated--Conference, conciliation-- Agreement, findings--Rules.
49.60.250 Hearing of complaint by administrative law judge--
Limitation of relief--Penalties--Order.
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.
49.60.330 First class cities of over one hundred twenty-five thousand population--Administrative remedies authorized--Superior court jurisdiction.
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.
49.60.360 Refueling services for disabled drivers--Violation--
Investigation--Intentional display of plate or placard invalid or not legally issued prohibited--
Fine--Notice to disabled persons.
49.60.370 Liability for killing or injuring dog guide or service animal--Penalty in addition to other remedies or penalties--Recovery of attorneys' fees and costs--No duty to investigate.
49.60.380 License waiver for dog guide and service animals.
49.60.390 Rule-making authority--Deadline--1997 c 271.
NOTES:
Annual report on programs to reduce racial disproportionality: RCW 13.06.050.
Application forms--Licenses--Mention of race or religion prohibited: RCW 43.01.100, 43.01.110.
Denial of civil rights: RCW 9.91.010.
Handicapped persons, discrimination in public employment prohibited: RCW 70.84.080.
Gender equality in higher education: Chapter 28B.110 RCW.
Interschool athletic and other extracurricular activities for students, discrimination prohibited: RCW 28A.600.200.
Malicious harassment because of a person's race, color, religion, ancestry, or national origin--Criminal penalty--Civil cause of action: RCW 9A.36.080.
Militia, organized, discrimination prohibited: RCW 38.40.110.
Sexual equality: State Constitution Art. 31 §§ 1, 2 (Amendment 61).
Sexual equality mandated for public schools: Chapter 28A.640 RCW.
Unfit buildings, discrimination prohibited: RCW 35.80.040.
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, families with
children, sex, marital status, age, or the presence of any sensory,
mental, or physical disability or the use of a trained dog guide
or
service animal by a disabled person 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, families with children, sex, marital status, age, or the
presence of any sensory, mental, or physical disability or the
use
of a trained dog guide or service animal by a disabled person; and
the commission established hereunder is hereby given general
jurisdiction and power for such purposes. [1997 c 271 § 1;
1995 c 259 § 1; 1993 c 510 § 1; 1985 c 185 § 1; 1973
1st ex.s. c 214 § 1;
1973 c 141 § 1; 1969 ex.s. c 167 § 1; 1957 c 37 § 1;
1949 c 183 § 1; Rem. Supp. 1949 § 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 §
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 §
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 § 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 § 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 § 13.]
Urban renewal law--Discrimination prohibited: RCW 35.81.170.
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, sex,
marital status, age, 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.
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. [1993 c 510 § 2; 1973 1st ex.s. c 214 §
2; 1973 c 141 § 2; 1957 c 37 § 2; 1949 c 183 § 12;
Rem. Supp. 1949 § 7614-30.]
NOTES:
Severability--1993 c 510: See note following RCW 49.60.010.
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, sex, or the presence of any
sensory, mental, or physical disability or the use of a trained
dog
guide or service animal by a disabled person is recognized as
anddeclared 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; and
(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, the presence of any sensory, mental, or
physical disability, or the use of a trained dog guide or service
animal by a disabled person, or national origin 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.
(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. [1997 c 271 § 2; 1995 c 135 § 3. Prior: 1993
c 510 § 3; 1993 c 69 § 1; 1984 c 32 § 2; 1979 c 127
§ 2; 1977 ex.s. c 192
§ 1; 1974 ex.s. c 32 § 1; 1973 1st ex.s. c 214 § 3;
1973 c 141 § 3; 1969 ex.s. c 167 § 2; 1957 c 37 § 3;
1949 c 183 § 2; Rem. Supp.
1949 § 7614-21.]
NOTES:
Intent--1995 c 135: See note following RCW 29.04.160.
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 § 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.
RCW 49.60.040 Definitions. As used in this chapter:
(1) "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;
(2) "Commission" means the Washington state human rights commission;
(3) "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;
(4) "Employee" does not include any individual
employed by his or her parents, spouse, or child, or in the domestic
service of any
person;
(5) "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;
(6) "Employment agency" includes any person
undertaking with or without compensation to recruit, procure, refer,
or place
employees for an employer;
(7) "Marital status" means the legal status of being married, single, separated, divorced, or widowed;
(8) "National origin" includes "ancestry";
(9) "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, national origin, or with any
sensory, mental, or physical disability, or the use of a
trained dog guide or service animal by a disabled person, to be
treated as not welcome, accepted, desired, or solicited;
(10) "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;
(11) "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;
(12) "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;
(13) "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;
(14) "Sex" means gender;
(15) "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;
(16) "Complainant" means the person who files a complaint in a real estate transaction;
(17) "Respondent" means any person accused in a
complaint or amended complaint of an unfair practice in a real
estate
transaction;
(18) "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;
(19) "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;
(20) "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;
(21) "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;
(22) "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;
(23) "Service animal" means an animal that is
trained for the purpose of assisting or accommodating a disabled
person's sensory,
mental, or physical disability. [1997 c 271 § 3; 1995 c 259
§ 2. Prior: 1993 c 510 § 4; 1993 c 69 § 3; prior: 1985
c 203 § 2; 1985
c 185 § 2; 1979 c 127 § 3; 1973 c 141 § 4; 1969 ex.s.
c 167 § 3; 1961 c 103 § 1; 1957 c 37 § 4; 1949 c 183
§ 3; Rem. Supp. 1949 §
7614-22.]
NOTES:
Effective date--1995 c 259: See note following RCW 49.60.010.
Severability--1993 c 510: See note following RCW 49.60.010.
Severability--1993 c 69: See note following RCW 49.60.030.
Severability--1969 ex.s. c 167: See note following RCW 49.60.010.
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 § 4.]
Severability--1957 c 37: See note following RCW 49.60.010.
Severability--1949 c 183: See note following RCW 49.60.010.
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 § 3; 1981 c 338
§ 9; 1957c 37 § 5; 1955 c 270 § 2. Prior: 1949 c 183
§ 4, part; Rem. Supp.
1949 § 7614-23, part.]
RCW 49.60.051 Board name changed to Washington State Human Rights Commission. From and after August 9, 1971 the "WashingtonState Board Against Discrimination" shall be known and designated as the "Washington State Human Rights Commission". [1971 ex.s. c52 § 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 § 4; 1955 c 270
§ 3.
Prior: 1949 c 183 § 4, part; Rem. Supp. 1949 § 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 § 5; 1984 c 287 §
98; 1975-
'76 2nd ex.s. c 34 § 145; 1955 c 270 § 4. Prior: 1949 c 183
§ 4, part; Rem. Supp. 1949 § 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.
RCW 49.60.080 Official seal. The commission
shall adopt an official seal, which shall be judicially noticed.
[1985 c 185 § 6;
1955 c 270 § 5. Prior: (i) 1949 c 183 § 4, part; Rem. Supp.
1949 § 7614-23, part. (ii) 1949 c 183 § 6, part; Rem. Supp.
1949 §
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 § 7; 1957 c 37 § 6; 1955 c 270 § 6.
Prior: (i) 1949 c 183 § 4, part; Rem. Supp. 1949 § 7614-23,
part. (ii) 1949 c 183
§ 6, part; Rem. Supp. 1949 § 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 § 55; 1985 c 185 § 8; 1977 c
75 § 74; 1955 c 270 § 7. Prior: 1949 c 183 § 4, part;
Rem. Supp. 1949 §
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 § 9; 1949 c 183 § 5;
Rem. Supp. 1949 § 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, promulgate, amend, and rescind
suitable rules and regulations 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 such results
of investigations and research as in its judgment will tend to
promotegood will and minimize or eliminate discrimination because of
sex, race, creed, color, national origin, marital status, age, or
the
presence of any sensory, mental, or physical disability, or the use
of a trained dog guide or service animal by a disabled
person.
(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.
[1997 c 271 § 4. Prior: 1993 c 510 § 6; 1993 c 69
§ 4; 1985 c 185
§ 10; 1973 1st ex.s. c 214 § 4; 1973 c 141 § 7; 1971
ex.s. c 81 § 1; 1957 c 37 § 7; 1955 c 270 § 8; prior:
1949 c 183 § 6, part;
Rem. Supp. 1949 § 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 § 6.]
Human rights commission to investigate unlawful use of refueling services for disabled: RCW 49.60.360.
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 state-wide,
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, marital status, age, or the presence
of any sensory, mental, or physical disability or the use of a
trained dog guide or service animal by a disabled person; 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. [1997
c
271 § 5; 1993 c 510 § 7; 1985 c 185 § 11; 1975-'76 2nd
ex.s. c 34 § 146; 1973 1st ex.s. c 214 § 5; 1973 c 141
§ 8; 1971 ex.s. c 81 §
2; 1955 c 270 § 9. Prior: 1949 c 183 § 6, part; Rem. Supp.
1949 § 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.
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 § 12; 1955 c 270 § 10. Prior: 1949 c
183 § 6, part; Rem. Supp. 1949 § 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 § 13;
1955 c
270 § 11. Prior: 1949 c 183 § 6, part; Rem. Supp. 1949
§ 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 § 14; 1955 c 270 § 12. Prior: 1949 c 183
§ 6, part; Rem. Supp. 1949 § 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 § 15; 1955
c 270
§ 13. Prior: 1949 c 183 § 6, part; Rem. Supp. 1949 §
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.
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 § 15; 1955
c 270
§ 13. Prior: 1949 c 183 § 6, part; Rem. Supp. 1949 §
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.
RCW 49.60.172 Unfair practices with respect to HIV infection.
(1) No person may require an individual to take
an HIV test, as defined in chapter 70.24 RCW, as a condition of
hiring, promotion,
or continued employment unless the absence of HIV 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 unless the
absence of HIV infection is a bona fide occupational
qualification
of the job in question.
(3) The absence of HIV 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 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, 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 to employees or to members
of the public
unless such transmission occurs as a result of the employer's gross
negligence. [1988 c 206 § 903.]
NOTES:
Severability--1988 c 206: See RCW 70.24.900.
RCW 49.60.174 Evaluation of claim of
discrimination--Actual or perceived HIV 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 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 infection status when bona fide statistical differences in risk
or exposure have been substantiated.
(3) For the purposes of this chapter, "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. [1997 c 271 §
6;
1993 c 510 § 8; 1988 c 206 § 902.]
NOTES:
Severability--1993 c 510: See note following RCW 49.60.010.
Severability--1988 c 206: See RCW 70.24.900.
RCW 49.60.175 Unfair practices of financial
institutions. It shall be an unfair practice to use the sex, race,
creed, color,
national origin, marital status, 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 disabled person, concerning
an application for credit in any credit transaction to
determine the credit worthiness of an applicant. [1997 c 271
§ 7; 1993 c 510 § 9; 1979 c 127 § 4; 1977 ex.s. c 301
§ 14; 1973 c 141
§ 9; 1959 c 68 § 1.]
NOTES:
Severability--1993 c 510: See note following RCW 49.60.010.
Fairness in lending act: RCW 30.04.500 through 30.04.515.
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,
sex, marital status, or the presence of any sensory, mental, or
physical disability or the use of a trained dog guide or service
animal by a disabled person:
(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. [1997 c 271 § 8; 1993 c 510
§ 10; 1979
c 127 § 5; 1973 c 141 § 5.]
NOTES:
Severability--1993 c 510: See note following RCW 49.60.010.
RCW 49.60.178 Unfair practices with respect to
insurance transactions. 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, race, creed, color, national origin, or the
presence of any sensory, mental, or physical disability or the
use
of a trained dog guide or service animal by a disabled person:
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 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.
The fact that such unfair practice may also be
a violation of chapter 48.30, 48.44, or 48.46 RCW does not constitute
a defense to
an action brought under this section.
The insurance commissioner, under RCW
48.30.300, and the human rights commission, under chapter 49.60 RCW,
shall have concurrentjurisdiction under this section and shall enter
into a working agreement as to procedure to be followed in complaints
under this
section. [1997 c 271 § 9; 1993 c 510 § 11; 1984 c 32
§ 1; 1979 c 127 § 6; 1974 ex.s. c 32 § 2; 1973 c 141
§ 6.]
NOTES:
Severability--1993 c 510: See note following RCW 49.60.010.
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, race, creed, color, national origin, or the
presence of any
sensory, mental, or physical disability or the use of a trained dog
guide or service animal by a disabled person, 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.
(2) To discharge or bar any person from
employment because of age, sex, marital status, race, creed, color,
national origin, or
the presence of any sensory, mental, or physical disability or the
use of a trained dog guide or service animal by a disabled
person.
(3) To discriminate against any person in
compensation or in other terms or conditions of employment because of
age, sex,
marital status, race, creed, color, national origin, or the presence
of any sensory, mental, or physical disability or the use
of a trained dog guide or service animal by a disabled
person:
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, race, creed, color, national origin, or the
presence of any sensory, mental, or physical disability or the use of
a trained dog guide or service animal by a disabled person, 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. [1997 c 271 § 10; 1993 c
510 §
12; 1985 c 185 § 16; 1973 1st ex.s. c 214 § 6; 1973 c 141
§ 10; 1971 ex.s. c 81 § 3; 1961 c 100 § 1; 1957 c 37
§ 9. Prior: 1949
c 183 § 7, part; Rem. Supp. 1949 § 7614-26,
part.]
NOTES:
Severability--1993 c 510: See note following RCW 49.60.010.
Effective date--1971 ex.s. c 81: See note following RCW 49.60.120.
Element of age not to affect apprenticeship agreements: RCW 49.04.910.
Labor--Prohibited practices: Chapter 49.44 RCW.
Unfair practices in employment because of age of employee or applicant: RCW 49.44.090.
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, race,
creed, color, national origin, or the presence of any sensory,
mental, or physical disability or the use of a trained dog guide
or
service animal by a disabled person.
(2) To expel from membership any person because
of age, sex, marital status, race, creed, color, national origin, or
the
presence of any sensory, mental, or physical disability or the use of
a trained dog guide or service animal by a disabled
person.
(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, race, creed, color, national origin, or the
presence of any sensory, mental, or physical disability or the
use of a trained dog guide or service animal by a disabled person.
[1997 c 271 § 11; 1993 c 510 § 13; 1985 c 185 §
17; 1973 1st ex.s.
c 214 § 8; 1973 c 141 § 11; 1971 ex.s. c 81 § 4; 1961
c 100 § 2; 1957 c 37 § 10. Prior: 1949 c 183 § 7,
part; Rem. Supp. 1949 §
7614-26, part.]
NOTES:
Severability--1993 c 510: See note following RCW 49.60.010.
Effective date--1971 ex.s. c 81: See note following RCW 49.60.120.
Element of age not to affect apprenticeship agreements: RCW 49.04.910.
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, race, creed, color, national origin, or the presence of any
sensory, mental, or physical disability or the use of a trained
dog
guide or service animal by a disabled person, 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, creed, color,
or national origin, or the presence of any sensory, mental, or
physical disability or the use of a trained dog guide or service
animal by a disabled person, 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. [1997
c
271 § 12; 1993 c 510 § 14; 1973 1st ex.s. c 214 § 9;
1973 c 141 § 12; 1971 ex.s. c 81 § 5; 1961 c 100 § 3;
1957 c 37 § 11. Prior:
1949 c 183 § 7, part; Rem. Supp. 1949 § 7614-26,
part.]
NOTES:
Severability--1993 c 510: See note following RCW 49.60.010.
Effective date--1971 ex.s. c 81: See note following RCW 49.60.120.
Element of age not to affect apprenticeship agreements: RCW 49.04.910.
Fraud by employment agent: RCW 49.44.050.
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 § 15; 1985 c 185 §
28.]
NOTES:
Severability--1993 c 510: See note following RCW 49.60.010.
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. [1992 c 118 §
4; 1985 c 185 § 18; 1957 c 37 § 12. Prior: 1949 c 183
§ 7, part;
Rem. Supp. 1949 § 7614-26, part.]
RCW 49.60.215 Unfair practices of places of
public resort, accommodation, assemblage, amusement. It shall be an
unfair
practice for any person or the person's agent or employee to commit
an act which directly or indirectly results in any distinction,
restriction, or discrimination, or the requiring of any person to pay
a larger sum than the uniform rates charged other persons, or
the refusing or withholding from any person the admission, patronage,
custom, presence, frequenting, dwelling, staying, or
lodging in any place of public resort, accommodation, assemblage, or
amusement, except for conditions and limitations established by
law and applicable to all persons, regardless of race, creed, color,
national origin, sex, the presence of any sensory, mental,
or physical disability, or the use of a trained dog guide or service
animal by a disabled person: PROVIDED, That this section
shall not be construed to require structural changes, modifications,
or additions to make any place accessible to a
disabled person 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. [1997 c 271 § 13; 1993 c 510 § 16. Prior:
1985
c 203 § 1; 1985 c 90 § 6; 1979 c 127 § 7; 1957 c 37
§ 14.]
NOTES:
Severability--1993 c 510: See note following RCW 49.60.010.
Denial of civil rights: RCW 9.91.010.
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 § 13.
Prior: 1949 c 183 § 7, part; Rem. Supp. 1949 § 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, race, creed, color,
national origin, families with children status, the presence of any
sensory, mental, or physical disability, or the use of a trained
dog guide or service animal by a disabled person:
(a) To refuse to engage in a real estate transaction with a person;
(b) To discriminate against a person in the
terms, conditions, or privileges of a real estate transaction or in
the furnishing of
facilities or services in connection therewith;
(c) To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person;
(d) To refuse to negotiate for a real estate transaction with a person;
(e) To represent to a person that real property
is not available for inspection, sale, rental, or lease when in fact
it is
so available, or to fail to bring a property listing to his or her
attention, or to refuse to permit the person to inspect real
property;
(f) To discriminate in the sale or rental, or
to otherwise make unavailable or deny a dwelling, to any person; or
to a person
residing in or intending to reside in that dwelling after it is sold,
rented, or made available; or to any person associated with
the person buying or renting;
(g) To make, print, circulate, post, or mail,
or cause to be so made or published a statement, advertisement, or
sign, or to use
a form of application for a real estate transaction, or to make a
record or inquiry in connection with a prospective real estate
transaction, which indicates, directly or indirectly, an intent to
make a limitation, specification, or discrimination with respect
thereto;
(h) To offer, solicit, accept, use, or retain a
listing of real property with the understanding that a person may
be
discriminated against in a real estate transaction or in the
furnishing of facilities or services in connection
therewith;
(i) To expel a person from occupancy of real property;
(j) To discriminate in the course of
negotiating, executing, or financing a real estate transaction
whether by mortgage, deed of
trust, contract, or other instrument imposing a lien or other
security in real property, or in negotiating or executing any
item
or service related thereto including issuance of title insurance,
mortgage insurance, loan guarantee, or other aspect of the
transaction. Nothing in this section shall limit the effect of RCW
49.60.176 relating to unfair practices in credit transactions;
or
(k) To attempt to do any of the unfair practices defined in this section.
(2) For the purposes of this chapter
discrimination based on the presence of any sensory, mental, or
physical disability or the
use of a trained dog guide or service animal by a blind, deaf, or
physically disabled person includes:
(a) A refusal to permit, at the expense of the
disabled person, reasonable modifications of existing premises
occupied or
to be occupied by such person if such modifications may be necessary
to afford such person full enjoyment of the dwelling,
except that, in the case of a rental, the landlord may, where it is
reasonable to do so, condition permission for a modification on
the
renter agreeing to restore the interior of the dwelling to the
condition that existed before the modification, reasonable wear
and
tear excepted;
(b) To refuse to make reasonable accommodation
in rules, policies, practices, or services when such accommodations
may be
necessary to afford a person with the presence of any sensory,
mental, or physical disability and/or the use of a trained dog
guide or service animal by a blind, deaf, or physically disabled
person equal opportunity to use and enjoy a dwelling; or
(c) To fail to design and construct covered
multifamily dwellings and premises in conformance with the federal
fair housing
amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.) and all other
applicable laws or regulations pertaining to access by persons
with
any sensory, mental, or physical disability or use of a trained dog
guide or service animal. Whenever the requirements of applicable
laws or regulations differ, the requirements which require greater
accessibility for persons with any sensory, mental, or physical
disability shall govern.
Nothing in (a) or (b) of this subsection shall
apply to: (i) A single-family house rented or leased by the owner if
the owner
does not own or have an interest in the proceeds of the rental or
lease of more than three such single-family houses at one time,
the
rental or lease occurred without the use of a real estate broker or
salesperson, as defined in RCW 18.85.010, and the rental or lease
occurred without the publication, posting, or mailing of any
advertisement, sign, or statement in violation of subsection
(1)(g)
of this section; or (ii) rooms or units in dwellings containing
living quarters occupied or intended to be occupied by no more
than
four families living independently of each other if the owner
maintains and occupies one of the rooms or units as his or her
residence.
(3) Notwithstanding any other provision of this
chapter, it shall not be an unfair practice or a denial of civil
rights for any
public or private educational institution to separate the sexes or
give preference to or limit use of dormitories, residence halls,
or
other student housing to persons of one sex or to make distinctions
on the basis of marital or families with children status.
(4) Except pursuant to subsection (2)(a) of
this section, this section shall not be construed to require
structural changes,
modifications, or additions to make facilities accessible to a
disabled person except as otherwise required by law. Nothing in
this section affects the rights, responsibilities, and remedies of
landlords and tenants pursuant to chapter 59.18 or 59.20 RCW,
including the right to post and enforce reasonable rules of conduct
and safety for all tenants and their guests, provided that
chapters
59.18 and 59.20 RCW are only affected to the extent they are
inconsistent with the nondiscrimination requirements of this
chapter. Nothing in this section limits the applicability of any
reasonable federal, state, or local restrictions regarding the
maximum number of occupants permitted to occupy a
dwelling.
(5) Notwithstanding any other provision of this
chapter, it shall not be an unfair practice for any public
establishment
providing for accommodations offered for the full enjoyment of
transient guests as defined by RCW 9.91.010(1)(c) to make
distinctions on the basis of families with children status. Nothing
in this section shall limit the effect of RCW 49.60.215
relating to unfair practices in places of public
accommodation.
(6) Nothing in this chapter prohibiting
discrimination based on families with children status applies to
housing for older
persons as defined by the federal fair housing amendments act of
1988, 42 U.S.C. Sec. 3607(b)(1) through (3), as amended by
the housing for older persons act of 1995, P.L. 104-76, as enacted on
December 28, 1995. Nothing in this chapter authorizes
requirements or housing for older persons different than the
requirements in the federal fair housing amendments act of 1988,
42 U.S.C. Sec. 3607(b)(1) through (3), as amended by the housing for
older persons act of 1995, P.L. 104-76, as enacted on
December 28, 1995. [1997 c 400 § 3; 1997 c 271 § 14;
1995 c 259 § 3. Prior: 1993 c 510 § 17; 1993 c 69 § 5;
1989 c 61 § 1;
1979 c 127 § 8; 1975 1st ex.s. c145 § 1; 1973 c 141 §
13; 1969 ex.s. c 167 § 4.]
NOTES:
Reviser's note: This section was amended by
1997 c 271 § 14 and by 1997 c 400 § 3, each without
reference to the other. Both
amendments are incorporated in the publication of this section under
RCW 1.12.025(2). For rule of construction, see RCW
1.12.025(1).
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.
RCW 49.60.223 Unfair practice to induce sale or
rental of real property by representations regarding entry into
neighborhood
of persons of particular race, disability, etc. It is an unfair
practice for any person, for profit, to induce or attempt to
induce
any person to sell or rent any real property by representations
regarding the entry or prospective entry into the neighborhood of
a person or persons of a particular race, creed, color, sex, national
origin, families with children status, or with any
sensory, mental, or physical disability and/or the use of a trained
dog guide or service animal by a blind, deaf, or physically
disabled person. [1997 c 271 § 15. Prior: 1993 c 510 §
18; 1993 c 69 § 6; 1979 c 127 § 9; 1969 ex.s. c 167 §
5.]
NOTES:
Severability--1993 c 510: See note following RCW 49.60.010.
Severability--1993 c 69: See note following RCW 49.60.030.
Severability--1969 ex.s. c 167: See note following RCW 49.60.010.
RCW 49.60.2235 Unfair practice to coerce,
intimidate, threaten, or interfere regarding secured real estate
transaction
rights. It is an unlawful practice to coerce, intimidate, threaten,
or interfere with any person in the exercise or enjoyment
of, or on account of his or her having exercised or enjoyed, or on
account of his or her having aided or encouraged any other person
in the exercise or enjoyment of, rights regarding real estate
transactions secured by RCW 49.60.030, 49.60.040, and 49.60.222
through 49.60.224. [1993 c 69 § 7.]
NOTES:
Severability--1993 c 69: See note following RCW 49.60.030.
RCW 49.60.224 Real property contract provisions
restricting conveyance, encumbrance, occupancy, or use to persons of
particular
race, disability, etc., void--Unfair practice. (1) Every provision in
a written instrument relating to real property which purports to
forbid or restrict the conveyance, encumbrance, occupancy, or lease
thereof to individuals of a specified race, creed, color, sex,
national origin, families with children status, or with any sensory,
mental, or physical disability or the use of a trained dog
guide or service animal by a blind, deaf, or physically disabled
person, and every condition, restriction, or prohibition,
including
a right of entry or possibility of reverter, which directly or
indirectly limits the use or occupancy of real property on the
basis of race, creed, color, sex, national origin, families with
children status, or the presence of any sensory, mental, or
physical disability or the use of a trained dog guide or service
animal by a blind, deaf, or physically disabled person is
void.
(2) It is an unfair practice to insert in a
written instrument relating to real property a provision that is void
under this section or
to honor or attempt to honor such a provision in the chain of title.
[1997 c 271 § 16; 1993 c 69 § 8; 1979 c 127 §
10;1969 ex.s. c 167 § 6.]
NOTES:
Severability--1993 c 69: See note following RCW 49.60.030.
Severability--1969 ex.s. c 167: See note following RCW 49.60.010.
RCW 49.60.225 Relief for unfair practice in
real estate transaction--Damages--Penalty. (1) When a reasonable
cause
determination has been made under RCW 49.60.240 that an unfair
practice in a real estate transaction has been committed and a
finding has been made that the respondent has engaged in any unfair
practice under RCW 49.60.250, the administrative law judge shall
promptly issue an order for such relief suffered by the aggrieved
person as may be appropriate, which may include actual damages as
provided by the federal fair housing amendments act of 1988 (42
U.S.C. Sec. 3601 et seq.), and injunctive or other equitable
relief. Such order may, to further the public interest, assess a
civil penalty against the respondent:
(a) In an amount up to ten thousand dollars if
the respondent has not been determined to have committed any prior
unfair practice
in a real estate transaction;
(b) In an amount up to twenty-five thousand
dollars if the respondent has been determined to have committed one
other unfair
practice in a real estate transaction during the five-year period
ending on the date of the filing of this charge; or
(c) In an amount up to fifty thousand dollars
if the respondent has been determined to have committed two or more
unfair
practices in a real estate transaction during the seven-year period
ending on the date of the filing of this charge, for loss of the
right secured by RCW 49.60.010, 49.60.030, 49.60.040, and 49.60.222
through 49.60.224, as now or hereafter amended, to be free from
discrimination in real property transactions because of sex, marital
status, race, creed, color, national origin, families with
children status, or the presence of any sensory, mental, or physical
disability or the use of a trained dog guide or service
animal by a blind, deaf, or physically disabled person. Enforcement
of the order and appeal therefrom by the complainant or
respondent may be made as provided in RCW 49.60.260 and 49.60.270. If
acts constituting the unfair practice in a real estate
transaction that is the object of the charge are determined to have
been committed by the same natural person who has been previously
determined to have committed acts constituting an unfair practice in
a real estate transaction, then the civil penalty of up to fifty
thousand dollars may be imposed without regard to the period of time
within which any subsequent unfair practice in a real estate
transaction occurred. All civil penalties assessed under this section
shall be paid into the state treasury and credited to the
general fund.
(2) Such order shall not affect any contract,
sale, conveyance, encumbrance, or lease consummated before the
issuance
of an order that involves a bona fide purchaser, encumbrancer, or
tenant who does not have actual notice of the charge filed under
this chapter.
(3) Notwithstanding any other provision of this
chapter, persons awarded damages under this section may not
receive
additional damages pursuant to RCW 49.60.250. [1997 c 271 §
17; 1995 c 259 § 4. Prior: 1993 c 510 § 20; 1993 c 69
§ 9; 1985 c 185
§ 19; 1979 c 127 § 11; 1973 c 141 § 14; 1969 ex.s. c
167 § 7.]
NOTES:
Effective date--1995 c 259: See note following RCW 49.60.010.
Severability--1993 c 510: See note following RCW 49.60.010.
Severability--1993 c 69: See note following RCW 49.60.030.
Severability--1969 ex.s. c 167: See note following RCW 49.60.010.
RCW 49.60.226 Cooperative agreements between
units of government for processing complaints. The commission and
units of
local government administering ordinances with provisions similar to
the real estate provisions of the law against discrimination are
authorized and directed to enter into cooperative agreements or
arrangements for receiving and processing complaints so that
duplication of functions shall be minimized and multiple hearings
avoided. No complainant may secure relief from more than one
instrumentality of state, or local government, nor shall any relief
be granted by any state or local instrumentality if relief has
been
granted or proceedings are continuing in any federal agency, court,
or instrumentality, unless such proceedings have been deferred
pending state action. [1985 c 185 § 20; 1969 ex.s. c 167
§ 8.]
NOTES:
Severability--1969 ex.s. c 167: See note following RCW 49.60.010.
RCW 49.60.227 Declaratory judgment action to
strike discriminatory provision of real property contract. If a
written
instrument contains a provision that is void by reason of RCW
49.60.224, the owner, occupant, or tenant of the property which
is
subject to the provision may cause the provision to be stricken from
the public records by bringing an action in the superior court
in the county in which the property is located. The action shall be
an in rem, declaratory judgment action whose title shall be the
description of the property. The necessary party to the action shall
be the owner, occupant, or tenant of the property or any
portion thereof. The person bringing the action shall pay a fee set
under RCW 36.18.012.
If the court finds that any provisions of the written instrument are
void under RCW 49.60.224, it shall enter an order
striking the void provisions from the public records and eliminating
the void provisions from the title or lease of the
property described in the complaint. [1995 c 292 § 18; 1993
c 69 § 10; 1987 c 56 § 2.]
NOTES:
Severability--1993 c 69: See note following RCW 49.60.030.
Intent--1987 c 56 § 2: "The legislature
finds that some real property deeds and other written instruments
contain discriminatory
covenants and restrictions that are contrary to public policy and are
void. The continued existence of these covenants and
restrictions is repugnant to many property owners and diminishes the
free enjoyment of their property. It is the intent of RCW
49.60.227 to allow property owners to remove all remnants of
discrimination from their deeds." [1987 c 56 §
1.]
RCW 49.60.230 Complaint may be filed with commission. (1)
Who may file a complaint:
(a) Any person claiming to be aggrieved by an
alleged unfair practice may, personally or by his or her attorney,
make, sign, and
file with the commission a complaint in writing under oath or by
declaration. The complaint shall state the name of the person
alleged to have committed the unfair practice and the particulars
thereof, and contain such other information as may be required by
the commission.
(b) Whenever it has reason to believe that any
person has been engaged or is engaging in an unfair practice, the
commission may
issue a complaint.
(c) Any employer or principal whose employees,
or agents, or any of them, refuse or threaten to refuse to comply
with the
provisions of this chapter may file with the commission a written
complaint under oath or by declaration asking for assistance by
conciliation or other remedial action.
(2) Any complaint filed pursuant to this
section must be so filed within six months after the alleged act of
discrimination
except that complaints alleging an unfair practice in a real estate
transaction pursuant to RCW 49.60.222 through 49.60.225 must be
so
filed within one year after the alleged unfair practice in a real
estate transaction has occurred or terminated. [1993 c 510 §
21;
1993 c 69 § 11; 1985 c 185 § 21; 1957 c 37 § 16; 1955
c 270 § 15. Prior: 1949 c 183 § 8, part; Rem. Supp. 1949
§ 7614-27, part.]
NOTES:
Reviser's note: This section was amended by
1993 c 69 § 11 and by 1993 c 510 § 21, each without
reference to the other. Both
amendments are incorporated in the publication of this section
pursuant to RCW 1.12.025(2). For rule of construction, see RCW
1.12.025(1).
Severability--1993 c 510: See note following RCW 49.60.010.
Severability--1993 c 69: See note following RCW 49.60.030.
RCW 49.60.240 Complaint
investigated--Conference, conciliation--Agreement, findings--Rules.
After the filing of any
complaint, the chairperson of the commission shall refer it to the
appropriate section of the commission's staff for prompt
investigation and ascertainment of the facts alleged in the
complaint. The investigation shall be limited to the alleged
facts
contained in the complaint. The results of the investigation shall be
reduced to written findings of fact, and a finding shall be made
that there is or that there is not reasonable cause for believing
that an unfair practice has been or is being committed. A copy of
said findings shall be provided to the complainant and to the person
named in such complaint, hereinafter referred to as the
respondent.
If the finding is made that there is reasonable
cause for believing that an unfair practice has been or is being
committed,
the commission's staff shall immediately endeavor to eliminate the
unfair practice by conference, conciliation, and
persuasion.
If an agreement is reached for the elimination
of such unfair practice as a result of such conference, conciliation,
and
persuasion, the agreement shall be reduced to writing and signed by
the respondent, and an order shall be entered by the commission
setting forth the terms of said agreement. No order shall be entered
by the commission at this stage of the proceedings except
upon such written agreement, except that during the period beginning
with the filing of complaints alleging an unfair practice
with respect to real estate transactions pursuant to RCW 49.60.222
through 49.60.225, and ending with the filing of a finding of
reasonable cause or a dismissal by the commission, the commission
staff shall, to the extent feasible, engage in conciliation with
respect to such complaint. Any conciliation agreement arising out of
conciliation efforts by the commission shall be an agreement
between the respondent and the complainant and shall be subject to
the approval of the commission. Each conciliation agreement shall
be made public unless the complainant and respondent otherwise agree
and the commission determines that disclosure is not required
to further the purposes of this chapter.
If no such agreement can be reached, a finding
to that effect shall be made and reduced to writing, with a copy
thereof provided
to the complainant and the respondent.
The commission may adopt rules, including
procedural time requirements, for processing complaints alleging an
unfair practice
with respect to real estate transactions pursuant to RCW 49.60.222
through 49.60.225 and which may be consistent with the federal
fair
housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.), but
which in no case shall exceed or be more restrictive than the
requirements or standards of such act. [1995 c 259 § 5.
Prior: 1993 c 510 § 22; 1993 c 69 § 12; 1985 c 185 §
22; 1981 c 259 § 1;
1957 c 37 § 17; 1955 c 270 § 16; prior: 1949 c 183 §
8, part; Rem. Supp. 1949 § 7614-27, part.]
NOTES:
Effective date--1995 c 259: See note following RCW 49.60.010.
Severability--1993 c 510: See note following RCW 49.60.010.
Severability--1993 c 69: See note following RCW
49.60.030. RCW 49.60.240 through 49.60.280 applicable to complaints
concerning
unlawful use of refueling services for disabled: RCW
49.60.360.
RCW 49.60.250 Hearing of complaint by
administrative law judge--Limitation of relief--Penalties--Order. (1)
In case of
failure to reach an agreement for the elimination of such unfair
practice, and upon the entry of findings to that effect, the
entire
file, including the complaint and any and all findings made, shall be
certified to the chairperson of the commission. The chairperson
of the commission shall thereupon request the appointment of an
administrative law judge under Title 34 RCW to hear the complaint
and shall cause to be issued and served in the name of the commission
a written notice, together with a copy of the complaint,
as the same may have been amended, requiring the respondent to answer
the charges of the complaint at a hearing before the
administrative law judge, at a time and place to be specified in such
notice.
(2) The place of any such hearing may be the
office of the commission or another place designated by it. The case
in support
of the complaint shall be presented at the hearing by counsel for the
commission: PROVIDED, That the complainant may retain
independent counsel and submit testimony and be fully heard. No
member or employee of the commission who previously made the
investigation or caused the notice to be issued shall participate in
the hearing except as a witness, nor shall the member or
employee participate in the deliberations of the administrative law
judge in such case. Any endeavors or negotiations for
conciliation
shall not be received in evidence.
(3) The respondent shall file a written answer
to the complaint and appear at the hearing in person or otherwise,
with or
without counsel, and submit testimony and be fully heard. The
respondent has the right to cross-examine the complainant.
(4) The administrative law judge conducting any
hearing may permit reasonable amendment to any complaint or answer.
Testimony
taken at the hearing shall be under oath and recorded.
(5) If, upon all the evidence, the
administrative law judge finds that the respondent has engaged in any
unfair practice, the
administrative law judge shall state findings of fact and shall issue
and file with the commission and cause to be served on such
respondent an order requiring such respondent to cease and desist
from such unfair practice and to take such affirmative action,
including, (but not limited to) hiring, reinstatement or upgrading of
employees, with or without back pay, an admission or restoration
to full membership rights in any respondent organization, or to take
such other action as, in the judgment of the administrative
law judge, will effectuate the purposes of this chapter, including
action that could be ordered by a court, except that damages for
humiliation and mental suffering shall not exceed ten thousand
dollars, and including a requirement for report of the matter on
compliance. Relief available for violations of RCW 49.60.222 through
49.60.224 shall be limited to the relief specified in RCW
49.60.225.
(6) If a determination is made that retaliatory
action, as defined in RCW 42.40.050, has been taken against a
whistleblower,
as defined in RCW 42.40.020, the administrative law judge may, in
addition to any other remedy, impose a civil penalty upon the
retaliator of up to three thousand dollars and issue an order to the
state employer to suspend the retaliator for up to thirty days
without pay. At a minimum, the administrative law judge shall require
that a letter of reprimand be placed in the retaliator's
personnel file. All penalties recovered shall be paid into the state
treasury and credited to the general fund.
(7) The final order of the administrative law
judge shall include a notice to the parties of the right to obtain
judicial
review of the order by appeal in accordance with the provisions of
RCW 34.05.510 through 34.05.598, and that such appeal must be
served and filed within thirty days after the service of the order on
the parties.
(8) If, upon all the evidence, the
administrative law judge finds that the respondent has not engaged in
any alleged unfair
practice, the administrative law judge shall state findings of fact
and shall similarly issue and file an order dismissing the
complaint.
(9) An order dismissing a complaint may include
an award of reasonable attorneys' fees in favor of the respondent if
the
administrative law judge concludes that the complaint was frivolous,
unreasonable, or groundless.
(10) The commission shall establish rules of
practice to govern, expedite, and effectuate the foregoing procedure.
[1993 c
510 § 23; 1993 c 69 § 14; 1992 c 118 § 5; 1989 c 175
§ 115; 1985 c 185 § 23; 1983 c 293 § 1; 1981 c 259
§ 2; 1957 c 37 § 18; 1955 c
270 § 17. Prior: 1949 c 183 § 8, part; Rem. Supp. 1949
§ 7614-27, part.]
NOTES:
Reviser's note: This section was amended by
1993 c 69 § 14 and by 1993 c 510 § 23, each without
reference to the other. Both
amendments are incorporated in the publication of this section
pursuant to RCW 1.12.025(2). For rule of construction, see RCW
1.12.025(1).
Severability--1993 c 510: See note following RCW 49.60.010.
Severability--1993 c 69: See note following RCW 49.60.030.
Effective date--1989 c 175: See note following RCW 34.05.010.
Effective date--1981 c 259: "Sections 2, 3, 4
and 5 of this 1981 act shall take effect upon the enactment of House
Bill 101,
1981 Regular Session." [1981 c 259 § 7.] Sections 2, 3,
4, and 5 of 1981 c 259 consist of amendments to RCW 49.60.250,
49.60.260,
and 49.60.270 and the enactment of RCW 49.60.330, respectively. House
Bill 101 was enacted as chapter 67, Laws of 1981. It was
signed by the governor on April 25, 1981. Since chapter 67, Laws of
1981 took effect on July 1, 1982, the apparent intent is for
sections 2, 3, 4, and 5 of 1981 c 259 to take effect on that date.
For effective date of 1981 c 67, see note following RCW
34.12.010.
Assignment of administrative law judge for human rights commission proceedings: RCW 34.12.037.
RCW 49.60.260 Enforcement of orders of
administrative law judge--Appellate review of court order. (1) The
commission or any
person entitled to relief of a final order may petition the court
within the county wherein any unfair practice occurred or wherein
any person charged with an unfair practice resides or transacts
business for the enforcement of any final order which is not
complied with and is issued by the commission or an administrative
law judge under the provisions of this chapter and for
appropriate
temporary relief or a restraining order, and shall certify and file
in court the final order sought to be enforced. Within five days
after filing such petition in court, the commission or any person
entitled to relief of a final order shall cause a notice of the
petition to be sent by certified mail to all parties or their
representatives.
(2) If within sixty days after the date the
administrative law judge's order concerning an unfair practice in a
real estate
transaction is entered, no petition has been filed under
subsection
(1) of this section and the commission has not
sought enforcement of the final order under this section, any person
entitled to
relief under the final order may petition for a decree enforcing the
order in the superior courts of the state of Washington for the
county in which the unfair practice in a real estate transaction
under RCW 49.60.222 through 49.60.224 is alleged to have
occurred.
(3) From the time the petition is filed, the
court shall have jurisdiction of the proceedings and of the questions
determined
thereon, and shall have the power to grant such temporary relief or
restraining order as it deems just and suitable.
(4) If the petition shows that there is a final
order issued by the commission or administrative law judge under RCW
49.60.240
or 49.60.250 and that the order has not been complied with in whole
or in part, the court shall issue an order directing the person
who
is alleged to have not complied with the administrative order to
appear in court at a time designated in the order, not less than
ten days from the date thereof, and show cause why the administrative
order should not be enforced according to the terms.
The commission or any person entitled to relief of any final order
shall immediately serve the noncomplying party with a copy of the
court order and the petition.
(5) The administrative order shall be enforced
by the court if the person does not appear, or if the person appears
and the court
finds that:
(a) The order is regular on its face;
(b) The order has not been complied with; and
(c) The person's answer discloses no valid
reason why the order should not be enforced, or that the reason given
in the
person's answer could have been raised by review under RCW 34.05.510
through 34.05.598, and the person has given no valid
excuse for failing to use that remedy.
(6) The jurisdiction of the court shall be
exclusive and its judgment and decree shall be final, except that the
same shall be
subject to appellate review by the supreme court or the court of
appeals, on appeal, by either party, irrespective of the nature
of
the decree or judgment. The review shall be taken and prosecuted in
the same manner and form and with the same effect as is provided
in other cases. [1995 c 259 § 6; 1993 c 69 § 15; 1989 c
175 § 116; 1988 c 202 § 47; 1985 c 185 § 24; 1981 c
259 § 3; 1971 c 81 § 118;
1957 c 37 § 21. Prior: 1949 c 183 § 9, part; Rem Supp. 1949
§ 7614-27A, part.]
NOTES:
Rules of court: Cf. RAP 2.2, 18.22.
Effective date--1995 c 259: See note following RCW 49.60.010.
Severability--1993 c 69: See note following RCW 49.60.030.
Effective date--1989 c 175: See note following RCW 34.05.010.
Severability--1988 c 202: See note following RCW 2.24.050.
Effective date--1981 c 259: See note following RCW 49.60.250.
RCW 49.60.270 Appeal from orders of
administrative law judge. Any respondent or complainant, including
the commission, aggrieved
by a final order of an administrative law judge may obtain judicial
review of such order as provided under the administrative
procedure
act, chapter 34.05 RCW. From the time a petition for review is filed,
the court has jurisdiction to grant to any party such
temporary relief or restraining order as it deems just and suitable.
If the court affirms the order, it shall enter a
judgment and decree enforcing the order as affirmed. [1985 c 185
§ 25; 1981 c 259 § 4; 1957 c 37 § 22. Prior: 1949 c
183 § 9,
part; Rem. Supp. 1949 § 7614-27A, part.]
NOTES:
Effective date--1981 c 259: See note following RCW 49.60.250.
RCW 49.60.280 Court shall expeditiously hear
and determine. Petitions filed under RCW 49.60.260 and 49.60.270
shall be heard
expeditiously and determined upon the transcript filed, without
requirement of printing. Hearings in the court under this chapter
shall take precedence over all other matters, except matters of the
same character. [1957 c 37 § 23. Prior: 1949 c 183 § 9,
part;
Rem. Supp. 1949 § 7614-27A, part.]
RCW 49.60.310 Misdemeanor to interfere with or
resist commission. Any person who wilfully resists, prevents,
impedes, or
interferes with the commission or any of its members or
representatives in the performance of duty under this chapter, or
who wilfully violates an order of the commission, is guilty of a
misdemeanor; but procedure for the review of the order shall not
be
deemed to be such wilful conduct. [1985 c 185 § 26; 1961 c
100 § 4; 1957 c 37 § 26; 1949 c 183 § 10; Rem. Supp.
1949 § 7614-28.]
RCW 49.60.320 Governor may act on orders
against state or political subdivisions. In any case in which the
commission shall
issue an order against any political or civil subdivision of the
state, or any agency, or instrumentality of the state or of the
foregoing, or any officer or employee thereof, the commission shall
transmit a copy of such order to the governor of the state. The
governor shall take such action to secure compliance with such order
as the governor deems necessary. [1985 c 185 § 27; 1949
c
183 § 11; Rem. Supp. 1949 § 7614-29.]
RCW 49.60.330 First class cities of over one
hundred twenty-five thousand population--Administrative remedies
authorized--
Superior court jurisdiction. Any county or any city classified as a
first class city under RCW 35.01.010 with over one hundred twenty
five thousand population may enact resolutions or ordinances
consistent with this chapter to provide administrative and/or
judicial remedies for any form of discrimination proscribed by this
chapter. The imposition of such administrative remedies shall be
subject to judicial review. The superior courts shall have
jurisdiction to hear all matters relating to violation and
enforcement of such resolutions or ordinances, including petitions
for preliminary relief, the award of such remedies and civil
penalties as are consistent with this chapter, and enforcement of any
order of a county or city administrative law judge or hearing
examiner pursuant to such resolution or ordinance. Any local
resolution or ordinance not inconsistent with this chapter may
provide, after a finding of reasonable cause to believe that
discrimination has occurred, for the filing of an action in, or
the
removal of the matter to, the superior court. [1993 c 69 §
16; 1983 c 5 § 2; 1981 c 259 § 5.]
NOTES:
Severability--1993 c 69: See note following RCW 49.60.030.
Effective date--1981 c 259: See note following RCW 49.60.250.
RCW 49.60.340 Election for civil action in lieu
of hearing-- Relief. (1) Any complainant on whose behalf the
reasonable cause
finding was made, a respondent, or an aggrieved person may, with
respect to real estate transactions pursuant to RCW 49.60.222
through 49.60.225, elect to have the claims on which reasonable cause
was found decided in a civil action under RCW 49.60.030(2) in
lieu of a hearing under RCW 49.60.250. This election must be made not
later than twenty days after the service of the reasonable
cause finding. The person making such election shall give notice of
doing so to the commission and to all other complainants and
respondents to whom the charge relates. Any reasonable cause finding
issued by the commission pursuant to the procedures
contained in this chapter shall become final twenty days after
service of the reasonable cause finding unless a written notice
of
election is received by the commission within the twenty-day
period.
(2) If an election is made under subsection (1)
of this section, the commission shall authorize not later than thirty
days
after the election is made, and the attorney general shall commence,
a civil action on behalf of the aggrieved person in a
superior court of the state of Washington seeking relief under this
section.
(3) Any aggrieved person with respect to the
issues to be determined in a civil action under this section may
intervene as of
right in that civil action.
(4) In a civil action under this section, if
the court finds that an unfair practice in a real estate transaction
has occurred
or is about to occur, the court may grant any relief that a court
could grant with respect to such an unfair practice in a real
estate transaction in a civil action under RCW 49.60.030(2). If
monetary relief is sought for the benefit of an aggrieved person
who does not intervene in the civil action, the court shall not award
such relief if that aggrieved person has not complied with
discovery orders entered by the court.
(5) In any administrative proceeding under this
section where the respondent is the prevailing party, a complainant
who
intervenes by filing a notice of independent appearance may be liable
for reasonable attorneys' fees and costs only to the extent
that the intervening participation in the administrative proceeding
was frivolous or vexatious, or was for the purpose of harassment.
(6) In any administrative proceeding brought
under RCW 49.60.225 or any court proceeding arising therefrom, or any
civil
action under this section, the administrative law judge or the court
in its discretion may allow the prevailing party, other than
the commission, reasonable attorneys' fees and costs. [1993 c 69
§ 13.]
NOTES:
Severability--1993 c 69: See note following RCW 49.60.030.
RCW 49.60.350 Temporary or preliminary
relief--Superior court jurisdiction--Petition of commission. (1) The
superior courts of
the state of Washington shall have jurisdiction upon petition of the
commission, through the attorney general, to seek appropriate
temporary or preliminary relief to enjoin any unfair practice in
violation of RCW 49.60.222 through 49.60.225, from which prompt
judicial action is necessary to carry out the purposes of this
chapter.
(2) The commencement of a civil action under
this section does not preclude the initiation or continuation of
administrative
proceedings under this chapter. [1993 c 69 §
2.]
NOTES:
Severability--1993 c 69: See note following RCW 49.60.030.
RCW 49.60.360 Refueling services for disabled
drivers--Violation--Investigation--Intentional display of plate or
placard
invalid or not legally issued prohibited--Fine--Notice to disabled
persons. (1) Every person, firm, partnership, association,
trustee, or corporation which operates a gasoline service station, or
other facility which offers gasoline or other motor vehicle fuel
for sale to the public from such a facility, shall provide, upon
request, refueling service to disabled drivers, unaccompanied by
passengers capable of safely providing refueling service, of vehicles
which display a disabled person's license plate or placard
issued by the department of licensing. The price charged for the
motor vehicle fuel in such a case shall be no greater than that
which the facility otherwise would charge the public generally to
purchase motor vehicle fuel without refueling service. This
section does not require a facility to provide disabled drivers with
services, including but not limited to checking oil or
cleaning windshields, other than refueling services.
(2) This section does not apply to:
(a) Exclusive self-service gas stations which
have remotely controlled gas pumps and which never provide pump
island service;
and
(b) Convenience stores which sell gasoline,
which have remotely controlled gas pumps and which never provide pump
island
service.
(3) Any person who, as a responsible managing
individual setting service policy of a station or facility or as an
employee
acting independently against set service policy, acts in violation of
this section is guilty of a misdemeanor. This subsection shall
be enforced by the prosecuting attorney.
(4) The human rights commission shall, upon the
filing of a verified written complaint by any person, investigate the
actions
of any person, firm, partnership, association, trustee, or
corporation alleged to have violated this section. The complaint
shall be in the form prescribed by the commission. The commission
may, upon its own motion, issue complaints and conduct
investigations of alleged violations of this section.
RCW 49.60.240 through 49.60.280 shall apply to complaints under this section.
(5) In addition to those matters referred
pursuant to subsection (3) of this section, the prosecuting attorney
may
investigate and prosecute alleged violations of this
section.
(6) Any person who intentionally displays a
license plate or placard which is invalid, or which was not lawfully
issued to that
person, for the purpose of obtaining refueling service under
subsection (1) of this section shall be subject to a civil fine
of
one hundred dollars for each such violation.
(7) A notice setting forth the provisions of
this section shall be provided by the department of licensing to
every person,
firm, partnership, association, trustee, or corporation which
operates a gasoline service station, or other facility which
offers
gasoline or other motor vehicle fuel for sale to the public from such
a facility.
(8) A notice setting forth the provisions of
this section shall be provided by the department of licensing to
every person
who is issued a disabled person's license plate or
placard.
(9) For the purposes of this section, "refueling service" means the service of pumping motor vehicle fuel into the fuel tank of a motor vehicle.
(10) Nothing in this section limits or
restricts the rights or remedies provided under chapter 49.60 RCW.
[1994 c 262 § 17; 1985
c 309 § 1. Formerly RCW 70.84.090.]
RCW 49.60.370 Liability for killing or injuring
dog guide or service animal--Penalty in addition to other remedies
or
penalties--Recovery of attorneys' fees and costs--No duty to
investigate. (1) A person who negligently or maliciously kills or
injures a dog guide or service animal is liable for a penalty of one
thousand dollars, to be paid to the user of the animal. The
penalty shall be in addition to and not in lieu of any other remedies
or penalties, civil or criminal, provided by law.
(2) A user or owner of a dog guide or service
animal, whose animal is negligently or maliciously injured or killed,
is entitled
to recover reasonable attorneys' fees and costs incurred in pursuing
any civil remedy.
(3) The commission has no duty to investigate
any negligent or malicious acts referred to under this section.
[1997 c 271 § 23;
1988 c 89 § 1. Formerly RCW 70.84.100.]
RCW 49.60.380 License waiver for dog guide and
service animals. A county, city, or town shall honor a request by a
blind
person or hearing impaired person not to be charged a fee to license
his or her dog guide, or a request by a physically disabled
person not to be charged a fee to license his or her service animal.
[1997 c 271 § 24; 1989 c 41 § 1. Formerly RCW
70.84.120.]
RCW 49.60.390 Rule-making
authority--Deadline--1997 c 271. The Washington state human rights
commission shall adopt rules
implementing chapter 271, Laws of 1997 no later than March 1, 1998.
[1997 c 271 § 25.]
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