The Washington Law Against Discrimination (WLAD) protects members of specified protected classes from discrimination, including discrimination based on race, creed, national origin, immigration or citizenship status, or veteran status.  The Human Rights Commission (Commission) administers and enforces the WLAD.  If the Commission finds that there is reasonable cause to believe unlawful discrimination has occurred, it must first attempt to resolve the issue through conference and conciliation.  If this process fails, the Commission must refer the matter to an administrative law judge.

The WLAD establishes certain unfair practices relating to a person's membership in a protected class.  For example, it is an unfair practice for an employer to require an employee to disclose the employee's, or another employee's, sincerely held religious affiliation or beliefs.

It is an unfair practice for an employer to include a statement in a job advertisement, posting, application, or other material that an applicant must have a valid driver's license, unless the position description includes job functions that would require a driver's license.  For these purposes, transportation to and from the job site does not constitute a job function requiring the operation of a motor vehicle.

A person injured by a violation of this requirement may bring a civil cause of action against the employer to enjoin further violations, to recover the actual damages sustained by the person, or both, together with the cost of the suit and reasonable attorneys' fees.

(In support) Requiring a driver's license on a job application is like a "do not enter" sign for many, including individuals with disabilities, recent immigrants, and individuals who cannot afford cars.  A driver's license is an unnecessary requirement in many circumstances.  There are alternatives to driving a car, such as public transportation.  Some employers will not accept a state-issue identification card in lieu of a driver's license, which puts people in the position of lying on the application or not applying for the job.  This bill will bring non-drivers to the table.  This bill will allow individuals with all backgrounds and abilities to seek employment and will lead to more accessible employment practices.  The term "essential function" is defined in the federal Americans with Disabilities Act.  Calling driving an essential function eliminates qualified people from consideration.

(Opposed) None.

(Other) The intent behind this bill is supported, but the bill lacks clarity.  The term "reasonably believes" is ambiguous and could mean different things to different individuals.  The term "essential" should be defined or clarified.  Rule making and a small business economic impact statement would be necessary.  This bill lacks an outreach component.

(In support) None.

(Opposed) A private right of action might lead to frivolous lawsuits.  The problem is that there is no education outreach and no notice to employers, which might place small and medium-sized businesses at risk.  Senate Bill 5501, the companion bill, is a better vehicle, which doesn't include the threat of a private right of action.

(In support) Representative Shaun Scott, prime sponsor; Anna Zivarts, Disability Rights Washington; Kyrstal Monteros; Hayley Edick; Judy Jones; and Marci Carpenter, National Federation of the Blind of Washington.

Mike Ennis, Building Industry Association of Washington (BIAW); and Rose Gundersen, WA Retail Association.