_______________________________________________
ENGROSSED
SUBSTITUTE HOUSE BILL 2274
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AS
RECOMMENDED BY THE CONFERENCE COMMITTEE
Passed
Legislature - 1992 Regular Session
State of Washington 52nd
Legislature 1992 Regular Session
Read first time 02/07/92. Prohibiting employer discrimination for the consumption of
lawful products off premises by employees during nonworking hours.
AN ACT
Relating to employee privacy; and adding new sections to chapter 49.44 RCW.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A new
section is added to chapter 49.44 RCW to read as follows:
(1) It
is unlawful for an employer to refuse to hire or to discharge any individual,
or otherwise disadvantage any individual, with respect to compensation, terms,
conditions, or privileges of employment because the individual engages in the
consumption of lawful products off the premises of the employer during
nonworking hours, provided the individual complies with applicable laws or
policies regulating that consumption of lawful products on the premises of the
employer during working hours.
(2) It
is not unlawful or an unfair employment practice under this section for an
employer to offer, impose, or have in effect a health, disability, or life
insurance policy that makes distinctions between employees for the type of
coverage or the coverage based upon the employees' consumption of lawful
products if:
(a)
Differential premium rates charged employees reflect a differential cost to the
employer; and
(b)
The employer provides employees with a written statement delineating
differential rates used by insurance carriers.
(3) It
is not unlawful or an unfair employment practice under this section for an
employer to refuse to hire, to discharge, or otherwise disadvantage an
individual with respect to compensation, terms, conditions, or privileges of
employment if that decision is based on:
(a)
The individual's failure to meet job-related standards set by the employer;
(b) An
employer's legitimate conflict of interest policy reasonably designed to
protect the employer's trade secrets, proprietary information, or other
proprietary interests;
(c) A
bona fide occupational qualification or requirement, including qualifications
or requirements implemented by the employer to screen for respiratory diseases
in occupations where the individual will be exposed to smoke and noxious fumes;
or
(d)
The employer's drug and alcohol free workplace program, including those adopted
in response to federal requirements.
(4)
The court shall award the prevailing party in an action under this section
court costs and reasonable attorneys' fees.
(5)
The remedy for any individual claiming to be aggrieved by a violation of this
section is a civil action for damages for all wages and benefits deprived the
individual by reason of the violation.
(6) An
individual aggrieved by a violation of this section must file the civil action
within six months after the alleged unlawful or unfair employment practice or
the discovery of that practice.
(7)
Nothing in this section shall be applied to any matter that is also subject to
collective bargaining between the employer and the affected employee.
NEW
SECTION. Sec. 2. A new
section is added to chapter 49.44 RCW to read as follows:
Nothing
in section 1 of this act precludes a religious or health organization whose
tenets prohibit the use of an otherwise lawful product or a company or
nonprofit organization whose primary business purpose is the prevention of
heart and lung disease, from refusing to employ an individual who uses an
otherwise lawful product.
NEW
SECTION. Sec. 3. A new
section is added to chapter 49.44 RCW to read as follows:
Sections
1 and 2 of this act do not apply to businesses with twenty-five employees or
less.
NEW
SECTION. Sec. 4. 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.
