5337 AAS 3/17/99 S2348

5337 AAS 3/17/99 S2348.1

SB 5337 - S AMD - 249

By Senators Kohl-Welles, Heavey, McCaslin and Johnson

ADOPTED 3/17/99

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that competitiveness in Washington state suffers whenever any worker is unable to achieve his or her maximum potential because of discrimination in the workplace, regardless of whether the employer is large or small. The legislature also finds that state discrimination laws must provide greater certainty and predictability to employers and employees affected by the requirements, and must recognize the unique needs of small businesses. Employers and employees deserve a fair, expeditious, and cost-effective resolution of disputes and also deserve to be made aware of their rights and responsibilities under the laws.

NEW SECTION. Sec. 2. (1) A task force is created to study and make recommendations where applicable on the following issues, relating to the subject of employment discrimination:

(a) The historical evolution of laws in Washington state and laws enacted at the federal level to address the issue of employment discrimination;

(b) Existing laws and administrative procedures utilized at the federal, state, and local levels to address the issue of employment discrimination;

(c) Administrative practices and procedures employed by the state human rights commission, and case trend data, employed by the commission to process claims of discrimination and assist employers and employees;

(d) An analysis of options in Washington state and other states which encourage fair, expeditious, and cost-effective resolution of employment discrimination cases;

(e) Changes required in existing laws and procedures which will assure that all workers alleging employment discrimination shall have a resolution of the allegation and, where appropriate, a remedy which is fair, expeditious, and cost-effective;

(f) Changes to existing laws and procedures which: (i) Are fair, expeditious, and cost-effective; (ii) will provide greater predictability and certainty to employers; and (iii) address the unique needs and limitations of small businesses; and

(g) Education, training, and public relation options for assuring that employees and employers have improved understanding of their rights and obligations under the state employment discrimination laws.

(2) The task force shall be composed of ten members as follows:

(a) Two members each from the senate and the house of representatives, one each from each of the two largest caucuses in each chamber. The president of the senate shall appoint the two members of the task force from the senate. The co-speakers of the house of representatives shall appoint the two members of the task force from the house of representatives; and

(b) Six members, to be appointed jointly by the president of the senate and the co-speakers of the house of representatives, three of whom shall represent Washington businesses, from a list of names recommended by major state-wide organizations of employers representing a cross-section of businesses in the state, including small businesses and three of whom shall represent protected classes of workers, from a list submitted by major state-wide organizations representing these classes.

(3) All state and local government agencies, including the human rights commission, shall provide information and assistance to the task force.

(4) Senate committee services and the office of program research shall provide staff to support the task force.

(5) The task force shall submit its study and recommendations to the governor and legislature not later than November 15, 1999."

SB 5337 - S AMD - 249

By Senators Kohl-Welles, Heavey, McCaslin and Johnson

ADOPTED 3/17/99

On page 1, line 1 of the title, after "discrimination;" strike the remainder of the title and insert "and creating new sections."