S-4074.1  _______________________________________________

                         SENATE BILL 6354

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senator Sutherland

Read first time 01/11/96.  Referred to Committee on Labor, Commerce & Trade.

Prohibiting employment discrimination based on higher education.

    AN ACT Relating to employment based on higher education; adding new sections to chapter 49.44 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1.  It is the intent of the legislature that citizens of Washington state be hired for employment on the basis  of their demonstrated knowledge, skills, and performance, regardless of whether or not they have attended or graduated from a public or private institution of higher education.

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

    It is an unfair practice:

    (1) For an employer to refuse to hire or employ or to bar or terminate from employment any individual because the individual did not attend a public or private institution of higher education or because the individual does not possess a degree granted by a public or private  institution of higher education.  Nothing in this section forbids a requirement that an applicant for employment possess a high school diploma or show successful completion of a general education development test.  Nothing in this section applies to licensing requirements established by state or federal licensing agencies;

    (2) For an employer or an employment agency to print or circulate, or cause to be printed or circulated, any statement, advertisement, or publication, to use any form of application for employment, or to make any inquiry in connection with prospective employment, that expresses any limitation, specification, or discrimination with respect to individuals who have not attended a public or private institution of higher education or who do not possess a degree granted by a public or private institution of higher education.

NEW SECTION. Sec. 3.  A new section is added to chapter 49.44 RCW to read as follows:

    In a civil action alleging a violation of section 2 of this act, the court may:

    (1) Award a penalty in the amount of one thousand dollars to a prevailing individual in addition to any award of actual damages;

    (2) Award reasonable attorneys' fees and costs to the prevailing individual; and

    (3) Pursuant to RCW 4.84.185, award a prevailing party against whom an action has been brought for a violation of section 2 of this act reasonable expenses and attorneys' fees upon final judgment and written findings by the trial judge that the action was frivolous and advanced without reasonable cause.

                            --- END ---