1445-S2 AMH MORR KELL 19

2SHB 1445 - H AMDS 1063 ADOPTED 02/15/94

By Representative Morris and others

     On page 2, after line 17, insert the following:

     "Sec. 2.  RCW 49.60.030 and 1993 c 69 s 1 and 1993 c 510 s 3 are each reenacted and amended to read as follows:

     "(1) The right to be free from discrimination because of race, creed, color, national origin, sex, or the presence of any sensory, mental, or physical disability or the use of a trained guide dog or service dog 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 is not unlawful under RCW 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 guide dog or service dog 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) Except as limited in this chapter, 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.)((; and)).

     (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."

     On page 2, line 30, after "includes" insert ", for purposes of the jurisdiction of the Washington state human rights commission,"

     On page 2, line 37, after "activities" insert ".  "Employer" shall continue to include, for purposes of a civil action based on a violation of this chapter, any person acting in the interest of an employer, directly or indirectly, who employs eight or more persons, and does not include any religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities"

EFFECT:  Provides that the eight employee threshold applies to a civil cause of action, but the threshold level is decreased to one employee for jurisdiction of the Human Rights Commission.  The amendment also merges a double amendment.