by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Employment Regulations, what are the rules concerning employment agencies? 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 employment agencies. See WAC 162-16-270, 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).
EMPLOYMENT AGENCIES
WAC 162-16-270 is the relevant regulation, and it addresses employment agencies as follows:
(1) It is an unfair practice for any employment agency to:
(a) Handwrite, print, or circulate any interoffice or interagency communication, job order, advertisement, brochure, or notice which expresses overtly or subtly, directly or indirectly a preference, specification or limitation on the basis of protected status. An exception is if a bona fide occupational qualification applies (please see WAC 162-16-240).
(b) Maintain, formally or informally, agency division titles that are not clearly neutral in terms of sex.
(2) It is not an unfair practice for an employment agency to assist an employer in recruiting applicants based on protected status when:
(a) The employer has a documented affirmative action plan; and
(b) The employer’s affirmative action plan is authorized or required by a governmental agency or court of competent authority and jurisdiction.
WAC 162-16-270 (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