AN ACT Relating to affirmative action programs in Washington state employment; and adding a new chapter to Title 49 RCW.

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

NEW SECTION. Sec. 1. Discrimination because of race, creed, color, national origin, age, sex, marital status, or the presence of any sensory, mental, or physical handicap is contrary to the findings of the legislature and public policy. The legislature finds and declares that racial minorities, women, persons in protected age groups, persons with disabilities, Vietnam-era veterans, and disabled veterans are underrepresented in Washington state government employment.

The purpose of this chapter is to provide for enforcement measures for affirmative action within Washington state government employment and institutions of higher education in order to eliminate the present effects of past discriminatory employment practices and barriers to equal employment opportunities.

NEW SECTION. Sec. 2. As used in this chapter, "commission" means the Washington state human rights commission.

NEW SECTION. Sec. 3. Until the effects of inequality of opportunity are eliminated, all Washington state agencies and institutions of higher education shall establish and maintain an effective affirmative action program of employment and promotional opportunities for racial minorities, women, persons in protected age groups, persons with disabilities, disabled veterans, and Vietnam-era veterans in accordance with all state and federal laws. These programs shall be approved by the commission and shall be updated annually.

NEW SECTION. Sec. 4. The commission shall enforce affirmative action programs for racial minorities, women, persons in protected age groups, persons with disabilities, Vietnam-era veterans, and disabled veterans within Washington state government and institutions of higher education in accordance with all state and federal laws. The commission shall have the following powers and duties under this chapter.

(1) Adopt guidelines and procedures for approving affirmative action programs for all state agencies and institutions of higher education.

(2) Direct state agencies and institutions of higher education to develop affirmative action programs according to guidelines established under subsection (1) of this section.

(3) Standardize data to be used by state agencies and institutions of higher education in establishing goals.

(4) Adopt procedures for monitoring compliance with affirmative action programs which have been approved by the commission.

(5) Monitor the progress of each state agency and institution of higher education in meeting goals and timetables and make findings where there is underrepresentation of racial minorities, women, persons in protected age groups, persons with disabilities, Vietnam-era veterans, and disabled veterans in the workforce.

(6) Direct state agencies and institutions of higher education to submit requests to the department of personnel and higher education personnel board for supplemental certification of racial minorities, women, persons in protected age groups, persons with disabilities, Vietnam-era veterans, and disabled veterans when necessary to meet affirmative action goals.

(7) Review and assist in the revision of policies and procedures of the department of personnel and higher education personnel board for the purposes of identifying and eliminating barriers which prevent the full implementation of this chapter.

(8) Impose sanctions upon state agencies and institutions of higher education for failure to comply with this chapter and rules adopted under this chapter.

(9) Adopt any rules necessary or convenient for implementation of this chapter.

NEW SECTION. Sec. 5. If the commission reasonably believes that a state agency or institution of higher education has failed to comply with this chapter or any rule adopted under this chapter, the commission shall notify the director of the state agency or president of the institution of higher education of the noncompliance. The commission shall give the director of the state agency or president of the institution of higher education an opportunity to be heard on the failure to comply.

NEW SECTION. Sec. 6. The commission shall attempt to resolve the noncompliance through conciliation. The noncomplying state agency or institution of higher education shall make a good faith effort to conciliate and make a full commitment to correct noncompliance. If an agreement is reached for the elimination of noncompliance, the agreement shall be reduced to writing and an order shall be issued by the commission setting forth the terms of the agreement. The agreement shall include one or more of the following corrective measures:

(1) Active recruitment programs;

(2) Selective certification;

(3) Training programs designed to increase employment opportunities; or

(4) Such other action which will effectuate the purposes of this chapter.

NEW SECTION. Sec. 7. If no agreement can be reached under section 6 of this act, the commission may file an action to enforce this chapter in superior court under section 8 of this act or refer the matter to the administrative law judge for hearing pursuant to RCW 49.60.250. If the administrative law judge finds that the state agency or institution of higher education has not made a good faith effort to correct the noncompliance, the administrative law judge shall order the state agency or institution of higher education to comply with this chapter. The administrative law judge may order any action that may be necessary to achieve compliance including:

(1) Active recruitment programs;

(2) Selective certification;

(3) Training programs designed to increase employment opportunities; or

(4) Expenditure of an appropriate monetary amount from the agency's current budget for the purpose of implementing an affirmative action program.

NEW SECTION. Sec. 8. If no agreement can be reached under section 6 of this act, the commission may file action in superior court. If the court finds that the state agency or institution of higher education has not made a good faith effort to correct the noncompliance, the court, in addition to any other penalties and sanctions prescribed by law, shall order the state agency or institution of higher education to comply with this chapter. The court may require any action that may be necessary to achieve compliance including:

(1) Active recruitment programs;

(2) Selective certification;

(3) Training programs designed to increase employment opportunities; or

(4) Expenditure of an appropriate monetary amount from the agency's current budget for the purpose of implementing an affirmative action program.

NEW SECTION. Sec. 9. Sections 1 through 8 of this act shall constitute a new chapter in Title 49 RCW.