by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Sexual Orientation & Gender Identity Regulations, what are the rules concerning employee benefits and privileges? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).
THE STATUTORY AUTHORITY (RCW)
RCW 49.60.120(3) is the statutory authority enabling the WSHRC to adopt rules concerning employee benefits and privileges. See WAC 162-32-030, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).
EMPLOYEE BENEFITS & PRIVILEGES
WAC 162-32-030 is the relevant regulation, and it addresses employee benefits and privileges as follows:
(1) Consistent and equal basis. Employee benefits provided in whole or in part by an employer must be consistent between all employees and equal for all employees, regardless of the employee’s sexual orientation or gender expression or gender identity. For example, it is an unfair practice to:
(a) Provide health insurance coverage to an employee’s opposite/different sex spouse but to fail to provide health insurance coverage to an employee’s same sex spouse (except in situations where such a rule is prohibited or preempted by federal law.)
(b) Provide parental leave or bonding time for the father of a child newly born or adopted into a heterosexual relationship, but fail to provide the same parental leave or bonding time to the parent of a child newly born or adopted into a same-sex relationship.
(2) Other benefits and privileges of employment. All other employee benefits, provided formally or informally including, but not limited to, health club memberships, discount programs, training, staff retreats, company gatherings and parties, and use of company vehicles or other company services, shall be provided on an equal basis to all employees regardless of the employee’s sexual orientation or gender expression or gender identity. If the benefit or privilege is extended to the employee’s opposite/different sex spouse, it must be extended to an employee’s same sex spouse as well.
WAC 162-32-030 (emphasis added) (hyperlinks added).
LEARN MORE
If you would like to learn more, then consider contacting an experienced Washington State Employment Discrimination Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with Law Office of Gregory A. Williams, P.S., Inc.; Williams Law Group, PS; or the author of this article. Please see our DISCLAIMER.
–gw
