READ FIRST TIME 02/06/04.   

     AN ACT Relating to genetic information; amending RCW 48.18.480, 49.60.020, 49.60.030, 49.60.040, 49.60.180, 49.60.190, and 49.60.200; and adding a new section to chapter 49.44 RCW.

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

Sec. 1   RCW 48.18.480 and 1957 c 193 s 12 are each amended to read as follows:
     ((No)) An insurer shall not make or permit any unfair discrimination between insureds or subjects of insurance having substantially like insuring, risk, and exposure factors, and expense elements, in the terms or conditions of any insurance contract, or in the rate or amount of premium charged therefor, or in the benefits payable or in any other rights or privileges accruing thereunder. This ((provision shall)) section does not prohibit fair discrimination by a life insurer as between individuals having unequal expectation of life, except that insurers may not require a person to undergo a genetic test or provide the results of a previous genetic test as a condition of offering or renewing insurance. If an insurer has information from a genetic test, the insurer may only use that information if it demonstrates the active presence of disease or illness. An insurer may not use information from a genetic test if the information only demonstrates a propensity for a condition or illness and not the active presence of disease or illness.
     (1) "Genetic information" means written or recorded information about genes, gene products, or genetic characteristics derived from an individual or a family member of the individual. "Gene product" is a scientific term that means messenger RNA and translated protein. For purposes of this chapter, "genetic information" shall not include routine physical measurements: Chemical, blood, and urine analysis, unless conducted purposely to diagnose a genetic characteristic; tests for the abuse of drugs; tests for cholesterol; and tests for the presence of HIV. Family histories do not constitute genetic information.
     (2) "Genetic test" means a test of human DNA, RNA, mitochondrial DNA, chromosomes, or other material for the purpose of identifying genes, inherited or acquired genetic abnormalities, or the presence or absence of inherited or acquired characteristics in the genetic material. For the purposes of this section, "genetic test" does not include tests given for cholesterol or HIV. Employers may test for the presence of drugs or alcohol, but may not use the results of these tests to gain genetic information.

NEW SECTION.  Sec. 2   A new section is added to chapter 49.44 RCW to read as follows:
     It is unlawful for any person, firm, corporation, or the state of Washington, its political subdivisions, or municipal corporations to require, directly or indirectly, that any employee or prospective employee submit genetic information or submit to screening for genetic information as a condition of employment or continued employment. On the effective date of this section, if an employer possesses genetic information about an employee, it is unlawful for the employer to disclose the genetic information without the employee's informed consent.
     (1) "Genetic information" means written or recorded information about genes, gene products, or genetic characteristics derived from an individual or a family member of the individual. "Gene product" is a scientific term that means messenger RNA and translated protein. For purposes of this chapter, "genetic information" shall not include routine physical measurements: Chemical, blood, and urine analysis, unless conducted purposely to diagnose a genetic characteristic; tests for the abuse of drugs; tests for cholesterol; and tests for the presence of HIV. Family histories do not constitute genetic information.
     (2) "Genetic test" means a test of human DNA, RNA, mitochondrial DNA, chromosomes, or other material for the purpose of identifying genes, inherited or acquired genetic abnormalities, or the presence or absence of inherited or acquired characteristics in the genetic material. For the purposes of this section, "genetic test" does not include tests given for cholesterol or HIV. Employers may test for the presence of drugs or alcohol, but may not use the results of these tests to gain genetic information.

Sec. 3   RCW 49.60.020 and 1993 c 510 s 2 are each amended to read as follows:
     ((The provisions of)) This chapter shall be construed liberally for the accomplishment of the purposes thereof. ((Nothing contained in)) This chapter ((shall be deemed to)) does not repeal any of the provisions of any other law of this state relating to discrimination because of race, color, creed, national origin, sex, genetic information, marital status, age, or the presence of any sensory, mental, or physical disability, other than a law which purports to require or permit doing any act which is an unfair practice under this chapter. ((Nor shall anything herein contained be construed to)) This chapter does not deny the right to any person to institute any action or pursue any civil or criminal remedy based upon an alleged violation of his or her civil rights.

Sec. 4   RCW 49.60.030 and 1997 c 271 s 2 are each amended to read as follows:
     (1) The right to be free from discrimination because of race, creed, color, national origin, sex, genetic information, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person is recognized as and declared to be a civil right. This right shall include, but not be limited to:
     (a) The right to obtain and hold employment without discrimination;
     (b) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;
     (c) The right to engage in real estate transactions without discrimination, including discrimination against families with children;
     (d) The right to engage in credit transactions without discrimination;
     (e) The right to engage in insurance transactions or transactions with health maintenance organizations without discrimination((: PROVIDED, That)). A practice ((which)) that is not unlawful under RCW 48.18.480, 48.30.300, 48.44.220, or 48.46.370 does not constitute an unfair practice for the purposes of this subparagraph; and
     (f) The right to engage in commerce free from any discriminatory boycotts or blacklists. Discriminatory boycotts or blacklists for purposes of this section shall be defined as the formation or execution of any express or implied agreement, understanding, policy or contractual arrangement for economic benefit between any persons which is not specifically authorized by the laws of the United States and which is required or imposed, either directly or indirectly, overtly or covertly, by a foreign government or foreign person in order to restrict, condition, prohibit, or interfere with or in order to exclude any person or persons from any business relationship on the basis of race, color, creed, religion, sex, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a disabled person, or national origin or lawful business relationship((: PROVIDED HOWEVER, That)). Nothing herein contained shall prohibit the use of boycotts as authorized by law pertaining to labor disputes and unfair labor practices.
     (2) Any person deeming himself or herself injured by any act in violation of this chapter shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys' fees or any other appropriate remedy authorized by this chapter or the United States Civil Rights Act of 1964 as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.).
     (3) Except for any unfair practice committed by an employer against an employee or a prospective employee, or any unfair practice in a real estate transaction which is the basis for relief specified in the amendments to RCW 49.60.225 contained in chapter 69, Laws of 1993, any unfair practice prohibited by this chapter which is committed in the course of trade or commerce as defined in the Consumer Protection Act, chapter 19.86 RCW, is, for the purpose of applying that chapter, a matter affecting the public interest, is not reasonable in relation to the development and preservation of business, and is an unfair or deceptive act in trade or commerce.

Sec. 5   RCW 49.60.040 and 1997 c 271 s 3 are each amended to read as follows:
     As used in this chapter:
     (1) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees and receivers, or any group of persons; it includes any owner, lessee, proprietor, manager, agent, or employee, whether one or more natural persons; and further includes any political or civil subdivisions of the state and any agency or instrumentality of the state or of any political or civil subdivision thereof;
     (2) "Commission" means the Washington state human rights commission;
     (3) "Employer" includes any person acting in the interest of an employer, directly or indirectly, who employs eight or more persons, and does not include any religious or sectarian organization not organized for private profit;
     (4) "Employee" does not include any individual employed by his or her parents, spouse, or child, or in the domestic service of any person;
     (5) "Labor organization" includes any organization which exists for the purpose, in whole or in part, of dealing with employers concerning grievances or terms or conditions of employment, or for other mutual aid or protection in connection with employment;
     (6) "Employment agency" includes any person undertaking with or without compensation to recruit, procure, refer, or place employees for an employer;
     (7) "Marital status" means the legal status of being married, single, separated, divorced, or widowed;
     (8) "National origin" includes "ancestry";
     (9) "Full enjoyment of" includes the right to purchase any service, commodity, or article of personal property offered or sold on, or by, any establishment to the public, and the admission of any person to accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement, without acts directly or indirectly causing persons of any particular race, creed, color, sex, national origin, or with any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a disabled person, to be treated as not welcome, accepted, desired, or solicited;
     (10) "Any place of public resort, accommodation, assemblage, or amusement" includes, but is not limited to, any place, licensed or unlicensed, kept for gain, hire, or reward, or where charges are made for admission, service, occupancy, or use of any property or facilities, whether conducted for the entertainment, housing, or lodging of transient guests, or for the benefit, use, or accommodation of those seeking health, recreation, or rest, or for the burial or other disposition of human remains, or for the sale of goods, merchandise, services, or personal property, or for the rendering of personal services, or for public conveyance or transportation on land, water, or in the air, including the stations and terminals thereof and the garaging of vehicles, or where food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports, or recreation of any kind is offered with or without charge, or where medical service or care is made available, or where the public gathers, congregates, or assembles for amusement, recreation, or public purposes, or public halls, public elevators, and public washrooms of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants, or any public library or educational institution, or schools of special instruction, or nursery schools, or day care centers or children's camps: PROVIDED, That nothing contained in this definition shall be construed to include or apply to any institute, bona fide club, or place of accommodation, which is by its nature distinctly private, including fraternal organizations, though where public use is permitted that use shall be covered by this chapter; nor shall anything contained in this definition apply to any educational facility, columbarium, crematory, mausoleum, or cemetery operated or maintained by a bona fide religious or sectarian institution;
     (11) "Real property" includes buildings, structures, dwellings, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein;
     (12) "Real estate transaction" includes the sale, appraisal, brokering, exchange, purchase, rental, or lease of real property, transacting or applying for a real estate loan, or the provision of brokerage services;
     (13) "Dwelling" means any building, structure, or portion thereof that is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land that is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof;
     (14) "Sex" means gender;
     (15) "Aggrieved person" means any person who: (a) Claims to have been injured by an unfair practice in a real estate transaction; or (b) believes that he or she will be injured by an unfair practice in a real estate transaction that is about to occur;
     (16) "Complainant" means the person who files a complaint in a real estate transaction;
     (17) "Respondent" means any person accused in a complaint or amended complaint of an unfair practice in a real estate transaction;
     (18) "Credit transaction" includes any open or closed end credit transaction, whether in the nature of a loan, retail installment transaction, credit card issue or charge, or otherwise, and whether for personal or for business purposes, in which a service, finance, or interest charge is imposed, or which provides for repayment in scheduled payments, when such credit is extended in the regular course of any trade or commerce, including but not limited to transactions by banks, savings and loan associations or other financial lending institutions of whatever nature, stock brokers, or by a merchant or mercantile establishment which as part of its ordinary business permits or provides that payment for purchases of property or service therefrom may be deferred;
     (19) "Families with children status" means one or more individuals who have not attained the age of eighteen years being domiciled with a parent or another person having legal custody of such individual or individuals, or with the designee of such parent or other person having such legal custody, with the written permission of such parent or other person. Families with children status also applies to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen years;
     (20) "Covered multifamily dwelling" means: (a) Buildings consisting of four or more dwelling units if such buildings have one or more elevators; and (b) ground floor dwelling units in other buildings consisting of four or more dwelling units;
     (21) "Premises" means the interior or exterior spaces, parts, components, or elements of a building, including individual dwelling units and the public and common use areas of a building;
     (22) "Dog guide" means a dog that is trained for the purpose of guiding blind persons or a dog that is trained for the purpose of assisting hearing impaired persons;
     (23) "Service animal" means an animal that is trained for the purpose of assisting or accommodating a disabled person's sensory, mental, or physical disability;
     (24) "Genetic information" means written or recorded information about genes, gene products, or genetic characteristics derived from an individual or a family member of the individual. "Gene product" is a scientific term that means messenger RNA and translated protein. For purposes of this chapter, "genetic information" shall not include routine physical measurements: Chemical, blood, and urine analysis, unless conducted purposely to diagnose a genetic characteristic; tests for the abuse of drugs; tests for cholesterol; and tests for the presence of HIV. Family histories do not constitute genetic information.
     (25) "Genetic test" means a test of human DNA, RNA, mitochondrial DNA, chromosomes, or other material for the purpose of identifying genes, inherited or acquired genetic abnormalities, or the presence or absence of inherited or acquired characteristics in the genetic material. For the purposes of this section, "genetic test" does not include tests given for cholesterol or HIV. Employers may test for the presence of drugs or alcohol, but may not use the results of these tests to gain genetic information.

Sec. 6   RCW 49.60.180 and 1997 c 271 s 10 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, genetic information, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person, unless based upon a bona fide occupational qualification: PROVIDED, That the prohibition against discrimination because of such disability 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, genetic information, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person.
     (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, genetic information, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person: 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, genetic information, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification((: PROVIDED, Nothing contained herein shall)). This subsection does not prohibit advertising in a foreign language.
     (5) To offer a person an inducement to disclose genetic information; to question a person about his or her genetic information; to solicit submission to, require, or administer a genetic test to any person as a condition of employment; or to collect, solicit, or require disclosure of genetic information from any person as a condition of employment.

Sec. 7   RCW 49.60.190 and 1997 c 271 s 11 are each amended to read as follows:
     It is an unfair practice for any labor union or labor organization:
     (1) To deny membership and full membership rights and privileges to any person because of age, sex, marital status, race, creed, color, national origin, genetic information, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person.
     (2) To expel from membership any person because of age, sex, marital status, race, creed, color, national origin, genetic information, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person.
     (3) To discriminate against any member, employer, employee, or other person to whom a duty of representation is owed because of age, sex, marital status, race, creed, color, national origin, genetic information, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person.
     (4) To offer a person an inducement to disclose genetic information; to question a person about his or her genetic information; to solicit submission to, require, or administer a genetic test to any person as a condition of membership; or to collect, solicit, or require disclosure of genetic information from any person as a condition of membership.

Sec. 8   RCW 49.60.200 and 1997 c 271 s 12 are each amended to read as follows:
     It is an unfair practice for any employment agency:
     (1) To fail or refuse to classify properly or refer for employment, or otherwise to discriminate against, an individual because of age, sex, marital status, race, creed, color, national origin, genetic information, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person, or 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, race, creed, color, or national origin, genetic information, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification((: PROVIDED, Nothing contained herein shall)). This subsection does not prohibit advertising in a foreign language.
     (2) To offer a person an inducement to disclose genetic information; to question a person about his or her genetic information; to solicit submission to, require, or administer a genetic test to any person as a condition of employment classification, assignment, or referral; or to collect, solicit, or require disclosure of genetic information from any person as a condition of employment classification, assignment, or referral.