BP BHEAD INT 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, sexual orientation, or disability 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 state-wide strategy for treatment of this issue.

NEW SECTION. Sec. 2. The department, by rule, shall establish discrimination complaint procedures that address, at a minimum, the following:

(1) Policies and procedures for filing and investigating a civil rights complaint against the department;

(2) The early resolution of complaints or grievances by the office of equal opportunity and by the secretary or their designees;

(3) Reasonable time limits for filing a complaint, complaint investigation and the issuance of findings by the office of equal opportunity, and development of a disciplinary action plan by the appointing authority, if required. The time limits established must provide a maximum time limit for the completion of all stages of an investigation, including final disposition by the department. The rules must provide for adequate notice of the pertinent time limits to all persons affected and address emergency variations in timelines for specific cases or circumstances;

(4) Delays in the investigative process caused by either claimant or respondent;

(5) Criteria for placing respondents on administrative leave while a complaint is being investigated; and

(6) The circumstances under which progressive discipline is imposed, and any exceptions.

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

NEW SECTION. Sec. 3. All reports and correspondence generated by the grievance 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's failure to comply with the grievance procedure defined in the collective bargaining agreements negotiated under chapter 47.64 RCW renders final the finding and adjudication of the collective bargaining unit.

NEW SECTION. Sec. 5. A respondent who prevails in an arbitration proceeding or civil suit based on a complaint under this chapter is entitled to recover all costs associated with defending the complaint, including reasonable attorneys' fees.

NEW SECTION. Sec. 6. The department shall identify multiple complaints by a singular complainant to ascertain the possibility of a pattern of malicious or nuisance complaints.

NEW SECTION. Sec. 7. The department shall report, each biennium, 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. 8. 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 state-wide uniform strategy for use by the department and the legislature. Recommendations shall be submitted to the legislative transportation committee by September 1, 1994.

NEW SECTION. Sec. 9. Sections 1 through 7 of this act constitute a new chapter in Title 47 RCW.