S-1636               _______________________________________________

                                                   SENATE BILL NO. 5789

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State of Washington                              50th Legislature                              1987 Regular Session

By Senator Warnke

Read first time 2/13/87 and referred to Committee on Commerce & Labor.

AN ACT Relating to prohibited labor practices; amending RCW 49.60.180; and adding a new section to chapter 49.44 RCW.

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

        Sec. 1.  Section 9, chapter 37, Laws of 1957 as last amended by section 16, chapter 185, Laws of 1985 and RCW 49.60.180 are each amended to read as follows:

          It is an unfair practice for any employer:

          (1) To refuse to hire any person because of age, sex, marital status, race, creed, color, national origin, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification:  PROVIDED, That the prohibition against discrimination because of such handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved.

          (2) To discharge or bar any person from employment because of age, sex, marital status, race, creed, color, national origin, or the presence of any sensory, mental, or physical handicap.

          (3) To discriminate against any person in compensation or in other terms or conditions of employment because of age, sex, marital status, race, creed, color, national origin, or the presence of any sensory, mental, or physical handicap:  PROVIDED, That it shall not be an unfair practice for an employer to segregate washrooms or locker facilities on the basis of sex, or to base other terms and conditions of employment on the sex of employees where the commission by regulation or ruling in a particular instance has found the employment practice to be appropriate for the practical realization of equality of opportunity between the sexes.

          (4) To print, or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to age, sex, marital status, race, creed, color, national origin, or the presence of any sensory, mental, or physical handicap, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification:  PROVIDED, Nothing contained herein shall prohibit advertising in a foreign language.

(5) To withhold or terminate employment of an individual based on known or suspected personal habits of an employee or potential employee that bear no reasonable relationship to the performance of the employee's duties or the effective operation of the employer's business activities.

NEW SECTION. Sec. 2.  A new section is added to chapter 49.44 RCW to read as follows:

          It shall be an unfair practice, within the meaning of that term as used in this chapter and RCW 49.60.180, for an employer to withhold or terminate employment of an individual based on known or suspected personal habits of an employee or prospective employee that bear no reasonable relationship to the performance of the employee's duties or the effective operation of the employer's business activities.