BILL REQ. #:  S-4144.2 

READ FIRST TIME 02/03/12.   

     AN ACT Relating to the employment status of job applicants; adding a new section to chapter 49.44 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 49.44 RCW to read as follows:
     (1) An employer or employer's agent, representative, or designee shall not knowingly or purposefully publish, through print, broadcast, photographic, mechanical, internet, or electronic distribution, an advertisement for any job vacancy in this state that contains one or more of the following:
     (a) Any provision stating that the qualifications for a job include current employment;
     (b) Any provision stating that the employer or employer's agent, representative, or designee will not consider or review an application for employment submitted by any job applicant currently unemployed; or
     (c) Any provision stating that the employer or employer's agent, representative, or designee will only consider or review applications for employment submitted by job applicants who are currently employed.
     This section does not prohibit an employer or employer's agent, representative, or designee from publishing, through print, broadcast, photographic, mechanical, internet, or electronic distribution, an advertisement for any job vacancy in this state that contains any provision setting forth any other qualifications for a job, as permitted by law, including, but not limited to, the holding of a current and valid professional or occupational license, certificate, registration, permit, or other credential; or a minimum level of education, training, or professional, occupational, or field experience.
     In addition, this section does not prohibit an employer or employer's agent, representative, or designee from publishing, through print, broadcast, photographic, mechanical, internet, or electronic distribution, an advertisement for any job vacancy that contains any provision stating that only applicants who are currently employed by the advertising employer will be considered.
     (2)(a) Any employer who violates this section is subject to a civil penalty in an amount not to exceed one thousand dollars for the first violation, five thousand dollars for the second violation, and ten thousand dollars for each subsequent violation, collectible by the department of labor and industries pursuant to chapter 34.05 RCW.
     (b) This section does not create, establish, or authorize a private cause of action by an aggrieved person against an employer who has violated, or is alleged to have violated, the provisions of this section.
     (3) The director of the department of labor and industries must provide notice to employers of the requirements of this legislation at least thirty days prior to the effective date of this section.