6494-S

AN ACT Relating to practices of discrimination in the department of transportation; adding a new chapter to Title 47 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds and declares that:

Practices of discrimination against the employees, contractors, vendors, and customers of the Washington state department of transportation because of race, creed, color, national origin, religion, age, gender, marital status, disability, or status as a disabled or Vietnam-era veteran are a matter of state concern that demand the department adopt an internal discrimination complaint procedure that protects the rights and privileges of both complainants and respondents;

Undefined time limits for investigating and resolving civil rights complaints against the department can result in undue economic and social hardship on complainants and respondents;

Continuing conflicts debilitate the morale and productivity of the department. The informal settlement of discrimination complaints, where appropriate, that may make unnecessary more elaborate proceedings is strongly encouraged;

The potential disparity between the working conditions for Washington state ferry workers established under labor union collective bargaining agreements and the reasonable accommodations requirements of the Americans with Disabilities Act of 1990 (P.L. 101-336; 29 C.F.R. Part 1630), as well as the enormous fiscal impact on the department resulting from implementation of the act's requirements, warrant the development of a uniform strategy for treatment of this issue.

NEW SECTION. Sec. 2. The department, in accordance with chapter 34.05 RCW, shall adopt rules governing discrimination complaint procedures that address, at a minimum, the following:

(1) Procedures for filing and investigating a civil rights complaint against the employees, contractors, vendors, and customers of the department; and

(2) Reasonable time limits for filing a complaint, complaint investigation and the issuance of findings by the office of equal opportunity, and the imposing of discipline by the department, if required. The time limits established must provide a maximum time limit for the completion of each stage of an investigation, including final disposition by the department. The rules shall permit extensions of these time limits only for specified exceptions beyond the control of the department. The rules must provide for adequate notice of the pertinent time limits to all persons affected.

The department shall adopt rules implementing the requirements of this section by December 1, 1994.

NEW SECTION. Sec. 3. All reports and correspondence generated by the complaint procedure established under rules adopted to implement this chapter, that by law can be disclosed, must be disseminated simultaneously to all affected parties and their representatives and to any requesting party.

NEW SECTION. Sec. 4. The department, in consultation with the legislative transportation committee, shall review: (1) Delays in the investigative process caused by either claimant or respondent; (2) administrative leave policies; (3) the consistency and appropriateness of disciplinary action taken in similar cases; and (4) multiple complaints against the employees, contractors, vendors, and customers of the department, of the same or different nature, by a singular complainant.

The review shall determine if current practice sufficiently protects the rights and privileges of both complainants and respondents and whether changes in current practice and procedure are necessary. The results of this review, including any recommendations and proposed legislation shall be reported to the house of representatives and senate transportation committees on or before January 1, 1995.

NEW SECTION. Sec. 5. The department shall report annually, beginning January 1, 1995, to the legislative transportation committee on the activities of the office of equal opportunity, describing the office's proceedings, investigations conducted and their outcome, and other work performed; and shall make recommendations regarding legislation needed to assist the office in the execution of its duties.

NEW SECTION. Sec. 6. The office of financial management, in conjunction with the governor's committee on disability issues and employment shall examine the correlations and disparities between the collective bargaining agreements negotiated under chapter 47.64 RCW and the reasonable accommodation provisions of the Americans with Disabilities Act (P.L. 101-336; 29 C.F.R. Part 1630). The examination shall result in the development of recommendations on a uniform strategy for use by the department and the legislature. Recommendations shall be submitted to the legislative transportation committee by December 1, 1994.

NEW SECTION. Sec. 7. Sections 1 through 5 of this act shall constitute a new chapter in Title 47 RCW.