WSR 15-24-071

PERMANENT RULES

[Filed November 25, 2015, 12:26 p.m., effective December 26, 2015]

Effective Date of Rule: Thirty-one days after filing.

Purpose: Sexual orientation and gender identity were added as a protected class to the Washington state law against discrimination in 2006. Rules are needed in order to interpret that law to provide understanding to businesses, employers, and the public. Stakeholders have requested clarification and explanation of the law in the form of rules. New chapter 162-32 WAC is added for sexual orientation and gender identity issues, and additional sections are amended to add sexual orientation and gender identity as protected classes.

Citation of Existing Rules Affected by this Order: Amending WAC 162-12-100, 162-12-140, 162-16-200, 162-36-005, 162-36-010, and 162-36-020.

Statutory Authority for Adoption: RCW 49.60.120(3).

Adopted under notice filed as WSR 15-11-104 on May 20, 2015.

Changes Other than Editing from Proposed to Adopted Version: When warranted, sexual orientation, gender expression and gender identity were specified in each section, instead of simply specifying sexual orientation as an umbrella term. Additional clarification as to unfair practices in preemployment inquiries were added in WAC 162-12-140. The protected class of sexual orientation was eliminated from sections related to medical leave and reasonable accommodation in WAC 162-32-020. Further examples of different treatment were provided under the leave provisions in WAC 162-32-020. The term "opposite sex" was changed to "opposite/different sex", and "paternity leave" was changed to "parental leave" throughout the sections when warranted. In WAC 162-32-060, the section related to gender segregated facilities, separate standards for k-12 schools were eliminated, and all places of public accommodations have the same standards as outlined in the rule.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 6, Amended 6, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 6, Amended 6, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 6, Amended 6, Repealed 0.

Date Adopted: November 30, 2015.

Laura Lindstrand

Policy Analyst