Prohibitions Against Obtaining Information from Employees.
Employers are prohibited from obtaining or requesting certain information from employees or potential employees. For example, it is an unfair practice under the Washington Law Against Discrimination for an employer to require an employee to disclose the employee's sincerely held religious affiliation or beliefs. If the Human Rights Commission (Commission) finds that this requirement has been violated, it must attempt to resolve the issue through conference and conciliation. If this process fails, the Commission must refer the matter to an administrative law judge.
Under the Washington Fair Chance Act (WFCA), employers are prohibited from obtaining any information about an applicant's criminal record until the employer determines that the applicant is otherwise qualified for the position. The Attorney General enforces the WFCA through a stepped enforcement approach involving notices of violation and assistance for first violations and fines for second and subsequent violations.
The Equal Pay and Opportunities Act.
Under the Equal Pay and Opportunities Act (EPOA), employers may not discriminate in any way in providing compensation based on gender or membership in a protected class. The EPOA is enforce by the Department of Labor and Industries (L&I), which must investigate complaints. If L&I finds a violation has occurred, it must attempt to resolve the issue through conference and conciliation. If this process is unsuccessful, L&I may issue a citation and assess the employer for damages, costs, and civil penalties. In addition, the complainant may bring a civil action. The Department of Labor and Industries has rulemaking authority for portions of the EPOA dealing with discrimination and L&I enforcement, but not for other parts of the EPOA.
Under the Equal Pay and Opportunities Act (EPOA), an employer may not require a valid driver's license as a condition of employment or include a statement in a posting for a job opening that an applicant must have a valid driver's license. These prohibitions do not apply if driving is one of the essential job functions or is related to a legitimate business purpose for the position.
The Department of Labor and Industries (L&I) must investigate complaints regarding compliance with this prohibition. If L&I finds that a violation has occurred, it may issue a citation and notice of assessment and order the employer to pay the complainant actual damages, statutory damages of the greater of actual damages or $5,000, interest of one percent per month on all compensation owed, payment to L&I of the costs of investigation and enforcement, and any other appropriate relief.
In addition, L&I may impose a civil penalty of up to $500 for a first violation and the greater of $1,000 or 10 percent of damages for repeat violations.
If L&I finds that the allegations cannot be substantiated, it must issue a closure letter to the complainant and the employer detailing the finding. An appeal is subject to the Administrative Procedures Act and a prevailing employee is entitled to reasonable attorneys' fees. Civil penalties must be deposited in the Supplemental Pension Fund. Interest must be calculated from four years from the last violation before the complaint.
The Department of Labor and Industries' rulemaking authority is extended to the entire EPOA, including the restrictions on employees requiring drivers' licenses.