2274-S.E AMC CONF H5143.1

ESHB 2274 - CONF REPT

By Conference Committee

                                                   ADOPTED 3/11/92

    Strike everything after the enacting clause and insert the following:

    "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."

ESHB 2274 - CONF REPT

By Conference Committee

                                                   ADOPTED 3/11/92

    On page 1, line 1 of the title, after "privacy;" strike the remainder of the title and insert "and adding new sections to chapter 49.44 RCW."