Under the Washington State Human Rights Commission regulations, what is the rule concerning discrimination because of marital status? Here’s my point of view.
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THE WASHINGTON STATE HUMAN RIGHTS COMMISSION
Created by the Washington State Legislature in 1949, the Washington State Human Rights Commission (WSHRC) is a key state agency tasked with both administering and enforcing the Washington Law Against Discrimination (WLAD). See Washington State Human Rights Commission Website, https://www.hum.wa.gov/about-us* (last visited August 21, 2024). Its “mission … is to eliminate and prevent discrimination in Washington State through the fair application of the law, efficient use of resources, and establishment of productive partnerships in the community.” Id.
DISCRIMINATION BECAUSE OF MARITAL STATUS
WSHRC regulations are contained under Title 162 WAC* (WAC is the acronym for Washington Administrative Code). The general rule concerning discrimination because of marital status is found therein, as follows:
WAC 162-16-250
Discrimination because of marital status.
(1) General rule. It is an unfair practice to discriminate against an employee or job applicant because of marital status. Examples of unfair practices include, but are not limited to:
(a) Refusing to hire a single or divorced applicant because of a presumption that “married persons are more stable.”
(b) Refusing to promote a married employee because of a presumption that he or she “will be less willing to work late and travel.”
WAC 162-16-250(1)* (hyperlinks and paragraph formatting added).
EXCEPTIONS TO THE RULE
There are exceptions to the general rule, as follows:
WAC 162-16-250
Discrimination because of marital status.
…
(2) Exceptions to the rule. There are narrow exceptions to the rule that an employer, employment agency, labor union, or other person may not discriminate on the basis of marital status:
(a) If a bona fide occupational qualification applies (please see WAC 162-16-240*).
(b) If an employer is enforcing a documented conflict of interest policy limiting employment opportunities on the basis of marital status:
(i) Where one spouse would have the authority or practical power to supervise, appoint, remove, or discipline the other;
(ii) Where one spouse would be responsible for auditing the work of the other;
(iii) Where other circumstances exist which would place the spouses in a situation of actual or reasonably foreseeable conflict between the employer’s interest and their own; or
(iv) Where, in order to avoid the reality or appearance of improper influence or favor, or to protect its confidentiality, the employer must limit the employment of close relatives of policy level officers of customers, competitors, regulatory agencies, or others with whom the employer deals.
WAC 162-16-250(2)* (hyperlinks and paragraph formatting added).
WLAD REMEDIES
Victims of discrimination in violation of the WLAD may seek generous remedies. “Any person deeming himself or herself injured by any act in violation of … [the WLAD] 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.).” RCW 49.60.030(2)*.
READ OUR RELATED ARTICLES
» Definition of Commission (WLAD)
» Definition of Marital Status (WLAD)
» Remedies for Breach of Conciliation Agreements*
» The Intersection of WSHRC and EEOC*
» The Washington State Human Rights Commission*
» WA State Human Rights Commission Complaints
» WA State Human Rights Commission: Functions, Powers, Duties
» WA State Human Rights Commission: Damages for Humiliation & Suffering*
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