Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning newspapers and other advertising media? Here’s my point of view.
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A Short Guide to WAC 162-16-280: Anti-Discrimination Rules for Job Ads in Washington State
Washington State’s WAC 162-16-280* outlines how newspapers, online job boards, and other advertising platforms must handle employment advertisements to prevent discrimination. Though brief, the rule plays an important role in shaping fair hiring practices. Below is a concise overview of what the regulation requires and why it matters.
1. No Segregated or Preference-Based Job Ad Headings
The regulation makes it an unfair practice for any advertising medium to publish employment ads under headings that separate or favor applicants based on protected characteristics—such as race, sex, age, disability, sexual orientation, or other statuses protected under Washington law.
Categories like “Jobs for Seniors” or “Women Only” are prohibited unless a bona fide occupational qualification* (BFOQ) legitimately applies. BFOQs are narrow exceptions and must reflect a true, job-related necessity.
2. Ads Showing Preference Must Be Traceable
While discriminatory headings are not allowed, advertising media are not automatically liable if an ad’s language indicates a direct or subtle preference based on protected status. Instead, the media must be able to provide the Washington State Human Rights Commission (WSHRC) with the name and address of the person who submitted the advertisement if the Commission requests it.
This ensures transparency and allows the WSHRC to investigate potential discriminatory practices by advertisers.
3. Encouraged Best Practices for Advertising Platforms
WAC 162-16-280* encourages newspapers and other ad distributors to take proactive steps to reduce discriminatory language in employment ads, including:
• Keeping lists of prohibited or problematic job terms, along with suggested inclusive alternatives.
• Training staff to alert employers when their proposed job titles or descriptions may violate anti-discrimination rules.
• Making copies of the regulation available to advertisers who want guidance.
These measures help employers avoid inadvertent violations and promote consistency in fair advertising standards.
Why This Rule Matters
WAC 162-16-280* positions advertising platforms as frontline partners in preventing discrimination. Since job ads often shape who feels welcome—or excluded—during hiring, compliance with this rule helps ensure equal access to employment opportunities from the very first step.
Key Points for Legal Professionals and Employers
• Review ad headings and titles carefully; discriminatory categories are prohibited.
• Use BFOQs sparingly and document why they’re necessary.
• Ensure advertising partners can identify the source of each job ad.
• Encourage staff or clients to use inclusive, neutral language when drafting job postings.
By setting clear boundaries and encouraging responsible practices, WAC 162-16-280* helps foster a fairer, more inclusive hiring environment across Washington State.
RELATED ARTICLES
We invite you to read more of our articles related to this topic:
» WA State Human Rights Commission Complaints
» WA State Human Rights Commission: Functions, Powers, and Duties
» WSHRC: From Complaint to Conclusion
» WSHRC: Organization and Operations
» WSHRC: Relationship of Commission to Complainant
» WSHRC: Withdrawal of Complaint
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–gw