SENATE BILL REPORT

SB 5789

BYSenator Warnke

Prohibiting unfair employment criteria.

Senate Committee on Commerce & Labor

Senate Hearing Date(s):February 27, 1987; March 5, 1987

Majority Report:  Do pass.

      Signed by Senators Warnke, Chairman; Smitherman, Vice Chairman; Tanner, Vognild, Williams, Wojahn

Senate Staff:Dave Cheal (786-7576)

                  March 5, 1987

AS REPORTED BY COMMITTEE ON COMMERCE & LABOR, MARCH 5, 1987

BACKGROUND:

Chapter 49.60 and Chapter 49.44 RCW set forth certain practices that an employer may not engage in with respect to their employees or potential employees.

Currently, there is no legal prohibition against firing or refusing to hire individuals based on private conduct in their off hours that has no bearing on their performance or the employers' business activities.

SUMMARY:

There is added to the list of unfair practices under the employment discrimination statute, Chapter 49.60 RCW, the practice of withholding or terminating employment for known or suspected personal habits that bear no reasonable relationship to performance or the employer's business activities.

This same prohibition is added to the list of unfair practices in Chapter 49.44 RCW.

The remedy under Chapter 49.44 would probably be limited to a civil action in superior court.  Under Chapter 49.60, however, the assistance of the Human Rights Commission in the form of investigation, conference, conciliation, and a possible hearing and order would be available.

Fiscal Note:      requested

Senate Committee - Testified: Cliff Finch; Gary Smith