Washington (State) Omnibus Civil Rights Act of 1957
CHAPTER 37. H. B. 25. 7 CIVIL RIGHTS LAW AGAINST DISCRIMINATION.
AN ACT relating to civil rights, amending section 1, chapter 183, Laws of 1949 and ROW 49.60.010; amending section 12, chapter 183, Laws of 1949 and RCW 49.60.020; amending section 2, chapter 183, Laws of 1949 and ROW 49.60.030; amending section 3, chapter 183, Laws of 1949 and RCW 49.60.040; amending section 2, chapter 270, Laws of 1955 and ROW 49.60.050; amending section 6, chapter 270, Laws of 1955 and RCW 49.60.090; amending section 8, chapter 270, Laws of 1955 and RCW 49.60.120; amending section 7, chapter 183, Laws of 1949 and RCW 49.60.180 through 49.60.220; amending section 15, chapter 270, Laws of 1955 and RCW 49.60.230; amending section 16, chapter 270, Laws of 1955 and RCW 49.60.240; amending section 17, chapter 270, Laws of 1955 and RCW 49.60.250; section 9, chapter 183, Laws of 1949 and RCW 49.60.260 through 49.60.300; amending section 10, chapter 183, Laws of 1949 and ROW 49.60.310; and adding three new sections to chapter 183, Laws. of 1849 and chapter 49.60 RCW.
Be it enacted by the Legislature of the State o f Washington:
SECTION 1. Section 1, chapter 183, Laws of 1949 RCW 49.60.010 and RCW 49.60.010 are each amended to read as follows:
This chapter shall be known as the "Law Against Short Discrimination." It is an exercise of the police power of the state for the protection of the public welfare, health and peace of the people of this state, and in fulfillment of the provisions of the Constitution of this state concerning civil rights. The legislature hereby finds and declares that practices of discrimination against any of its inhabitants because of race, creed, color, or national origin are a matter of state concern, that such discrimination threatens not only the rights and proper privileges of its inhabitants but menaces the institutions and foundation of a free democratic state. A state agency is herein created with powers with respect to elimination and prevention of discrimination in employment, in places of public resort, accommodation or amusement, and in publicly assisted housing because of race, creed, color, or national origin; and the board established hereunder is hereby given general jurisdiction and power for such purposes.
SEC. 2. Section 12, chapter 183, Laws of 1949 and RCW 49.60.020 are each amended to read as fellows:
The provisions of this chapter shall be construed liberally for the accomplishment of the purposes thereof. Nothing, contained in this chapter shall be deemed to repeal any of the provisions of any other law of this state relating to discrimination because of race, color, creed, or national origin. Nor shall anything herein contained be construed to deny the right to any person to institute any action or pursue any civil or criminal remedy based upon an alleged violation of his civil rights. However, the election of a person to pursue such a remedy shall preclude him from pursuing those administrative remedies created by this act.
SEC. 3. Section 2, chapter 183, Laws of 1949 and RCW 49.60.030 are each amended to read as follows:
The right to be free from discrimination because of race, creed, color, or national origin is recognized as and declared to be a civil right. This right shall
include, but not be limited to:
(1) The right to obtain and hold employment without discrimination;
(2) 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;
(3) The right to secure publicly assisted housing without discrimination.
SEC. 4. Section 3, chapter 183, Laws of 1949 and RCW 49.60.040 are each amended to read as follows:
As used in this chapter:
"Person" includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees and
receivers or any group of persons; it includes any owner, lessee, proprietor, manager, agent or employee, whether one or more natural persons; and
further includes any political or civil subdivisions of the state and any agency or instrumentality of the state or of any political or civil subdivision thereof;
"Employer" includes any person acting in the interest of an employer, directly, or indirectly, who has eight or more persons in his employ, and does not include any religious or sectarian organization, not organized for private profit;
"Employee" does not include any individual employed by his parents, spouse or child, or, in the domestic service, of any person;
"Labor organization" includes any organization which exists for the purpose, in whole or in part, of dealing with employers concerning grievances
or terms or conditions of employment, or for other mutual aid or protection in connection with employment; ,
"Employment agency" includes any person undertaking with or without compensation to recruit, procure, refer, or place employees for an employer;
"National origin" includes "ancestry";
"Full enjoyment of" includes the right to purchase any service, commodity or article of personal property offered or sold on, or by, any establishment to the public, and the admission of any person to accommodations, advantages, facilities or privileges of any place of public resort, accommodation, assemblage or amusement, without acts directly' or indirectly causing persons of any particular, race, creed or color, to be treated as not welcome, accepted, desired or solicited;
"Any place of public resort, accommodation, assemblage or amusement" includes, but is not limited to, any place, licensed or unlicensed, kept for gain, hire or reward, or where charges are made for admission, service, occupancy or use of any property or facilities, whether conducted for the entertainment, housing or lodging of transient guests, or for the benefit, use or accommodation of those seeking health, recreation or rest, or for the sale of goods, merchandise, services or personal , property, or for the rendering of personal services, or for the public conveyance or transportation on land, water or in the air, including the stations and terminals thereof and the garaging of vehicles, or where food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports or recreation of any kind is offered with or without charge, or where medical service or care is made available, or where the public gathers, congregates, or assembles for amusement, recreation or public purposes, or public halls, public elevators and public washrooms of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants, or any public library or educational institution, or schools of special instruction, or nursery schools, or day care centers or children's camps: Provided, That nothing herein contained shall be construed to include or apply to any institute, bona fide club, or place of accommodation, which is by its nature distinctly private; including fraternal organizations, though where public use is permitted that use shall be covered by this act; nor shall anything herein contained apply to any educational facility, operated or maintained by a bona fide religious or sectarian institution;
"Publicly assisted housing" includes any building, structure or portion thereof which is used or occupied or is intended to be used or occupied as the home, residence or sleeping place of one or more persons, and the acquisition, construction, rehabilitation, repair or maintenance of which is financed in whole or in part by a loan; whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions, or any agency thereof, provided that such a housing accommodation shall be deemed to be publicly assisted only during the life of such loan and such guarantee or insurance, or if a commitment, issued by a government agency, is outstanding that the acquisition of such housing accommodations may be financed in whole or in part by a loan; whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions, or any agency thereof;
"Owner" includes the owner, lessee, sublessee, assignee, agent, creditor, lender or other person having the right to ownership or possession of housing, or to have housing pledged as security for a debt.
SEC. 5. Section 2, chapter 270, Laws of 1955 and RCW 49.60,050 are each amended to read as follows:
There is created the "Washington state board against discrimination," which shall be composed of five members to be appointed by the governor, one of whom shall be designated as chairman by the governor.
SEC. 6. Section 6, chapter 270, Laws of 1955 and RCW 49.60.090 are each amended to read as follows:
The principal office of the board shall be in the city of Olympia, but it may meet and exercise any or all of its powers at any other place in the state and may establish such district offices as it deems necessary.
SEC. 7. Section 8, chapter 270, Laws of 1955 and RCW 49.60.120 are each amended to read as follows:
The board shall have the functions, powers arid duties:
(1) To appoint an executive secretary, and chief examiner, and such investigators, examiners, clerks, and other employees and agents as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
(2) To obtain upon request and utilize the services of all governmental departments and agencies.
(3) To adopt, promulgate, amend, and rescind suitable rules and regulations to carry out the provisions of this chapter, and the policies and practices of the board in connection therewith.
(4) To receive, investigate and pass upon complaints alleging unfair practices as defined in this act because of race, creed, color, or national origin.
(5) To issue such publications and such results of investigations and research as in its judgment will tend to promote good will and minimize or eliminate discrimination because of race; creed, color, or national origin:
(6) To make such technical studies as are appropriate to effectuate the purposes and policies of this chapter and to publish and distribute the reports of such studies.
SEC. 8. Section 7, chapter 183; Laws of 1949 (heretofore divided and codified as RCW 49.60.180through 49.60.220) is amended to read as set forth in sections 9 through 13 of this amendatory act.
SEC. 9. (RCW 49.60.180) It is an unfair practice for any employer:
(1) To refuse to hire any person because of such person's race, creed, color, or national origin, unless based upon a bona fide occupational qualification.
(2) To discharge or bar any person from employment because of such person's race, creed, color, or, national origin.
(3) To discriminate against any person in compensation or in other terms or conditions of employment because of such person's race, creed, color, or national origin.
(4) To print, or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, or national origin; or any intent to make any such limitation; specification or discrimination, unless based upon a bona fide occupational qualification: Provided, Nothing contained herein shall prohibit advertising in a foreign language.
SEC. 10. (RCW 49.60.190) It is an unfair practice for any labor union or labor organization:
(1) To deny membership arid full membership rights and privileges to any person because of such person's race, creed, color, or national origin.
(2) To expel from membership any person because of such person's race, creed, color, or national origin.
(3) To discriminate against any member, employer, or employee because of such person's creed, color, or national origin.
SEC. 11. (RCW 49.60.200) It is an unfair practice for any employment agency to fail or refuse to classify properly or refer for employment, or otherwise to discriminate against, any individual because of his race, creed, color, or national origin, or to print or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection, with prospective employment, which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, or national origin, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification: Provided, Nothing contained herein shall prohibit advertising in a foreign language.
SEC. 12. (RCW 49.60.210) It is an unfair practice for any employer, employment agency, or labor union to discharge, expel, or otherwise discriminate against any person because he has opposed any practices forbidden by this chapter, or because he has filed a charge, testified, or assisted in any proceeding under this chapter.
SEC. 13. (RCW 49.60.220) It is an unfair practice for any person to aid, abet, encourage, or incite the commission of any unfair practice, or to attempt to obstruct or prevent any other, person from complying with the provisions of this chapter or any order issued thereunder.
SEC. 14. There is added to chapter 183, Laws of 1949 and chapter 49.60 RCW, a new section to read as follows:
It shall be an unfair practice for any person or his agent or employee to commit an act which directly or indirectly results in any distinction, restriction, or discrimination or the requiring of any person to pay a larger sum than the uniform rates charged other persons, or the refusing or withholding from any person the admission, patronage, custom, presence; frequenting, dwelling, staying; or lodging in any place of public resort, accommodation, assemblage, or amusement except for conditions and limitations established by law and applicable to all persons, regardless of race; creed, color, or national origin.
SEC. 15. There is added to chapter 183, Laws of 1949 and chapter 49.60 RCW, a new section to, read as follows:
It shall be an unfair practice:
(1) For the owner of publicly assisted housing to refuse to sell, rent, or lease to any person or persons such housing because of the race, creed, color, or national origin of such person or persons;
(2) For the owner of any publicly assisted housing to segregate, separate or discriminate against any , person or persons because of the race, creed, color, or national origin of such person or persons, in the terms, conditions, or privileges of any such housing or in the furnishing of facilities or services in connection therewith;
(3) For any person to make or cause to be made any written or oral inquiry concerning the race, creed, color, or national origin of a person or group of persons seeking to purchase, rent, or lease publicly assisted housing accommodations;
(4) For any person to print or publish or cause to be printed or published any notice or advertisement relating to the sale, rental, or leasing of any publicly assisted housing accommodation which indicates any preference, limitation, specification, or discrimination based on race, creed, color, or national origin;
(5) For any person, bank, mortgage company or other financial institution to whom application is made for financial assistance for the acquisition, construction, rehabilitation, repair or maintenance of any publicly assisted housing to make or cause to be made any written or oral inquiry for the purpose of discrimination concerning the race, creed, color, or national original of a person or group of persons seeking such financial assistance, or concerning the race, creed, color, or national origin of prospective occupants or tenants of such housing, or to discriminate against, any person or persons because of the race, creed, color, or national origin of such person or persons, or prospective occupants or tenants, in the terms, conditions or privileges relating to the obtaining or use of any such financial assistance.
Nothing herein shall be deemed to prevent a bona fide religious, sectarian institution, or fraternal organization from selecting as tenants or occupants of any housing operated by such organization, as part of its religious, sectarian or fraternal activities, adherents or members of such religion, sect, or fraternal organization exclusively, or from giving preference in such selection to such adherents or members.
SEC. 16. Section 15, chapter 270, Laws of 1955 and RCW 49.60.230 are each amended to read as follows:
Who may file a complaint:
(1) Any person claiming to be aggrieved by an alleged unfair practice may, by himself or his attorney make, sign, and file with the board a complaint in writing under oath. The complaint shall state the name and address of the person alleged to have committed the unfair practice and, the particulars thereof, and contain such other information as may be required by the board.
(2) Whenever it has reason to believe that any person has been engaged or is engaging in. an unfair practice, the board may issue a complaint.
(3) Any employer or principal whose employees, or agents, or any of them, refuse or threaten to refuse to comply with the provisions of this chapter may file with the board a written complaint under oath asking for assistance by conciliation or other remedial action. Any complaint filed pursuant to this section must be so filed within six months after the alleged act of discrimination.
SEC. 17. Section 16, chapter 270, Laws of 1955 and RCW 49.60.240 are each amended to read as follows:
After the filing of any complaint, the chairman of the board shall refer it to the appropriate section of the board's staff for prompt investigation and ascertainment of the facts. The results of the investigation shall be reduced to written findings of fact, and finding shall be made that there is or that there, is, not reasonable cause for believing that an unfair practice has been or is being committed. A copy of said findings shall be furnished to the, complainant and to the person named in such complaint, hereinafter referred to as the respondent.
If the finding is made that there is reasonable cause for believing that an unfair practice has been or is being committed, the board's staff shall immediately endeavor to eliminate the unfair practice by conference, conciliation and persuasion.
If an agreement is reached for the elimination of such unfair practice as a result of such conference, conciliation and persuasion, the agreement shall be reduced to writing and signed by the respondent, and an order shall be entered by the board setting forth the terms of said agreement. No order shall be entered by the board at this stage of the proceedings except upon such written agreement.
If no such agreement can be reached, a finding to that effect shall be made and reduced to writing, with a copy thereof furnished to the complainant and the respondent.
SEC. 18. Section 17, chapter 270, Law's of 1955 and RCW 49.60.250 are each amended to read as follows:
In case of failure to reach an agreement for the elimination of such unfair practice; arid upon the entry of findings to that effect, the entire file, including the complaint and any and all findings made, shall be certified to the chairman of the board. The chairman of the board shall thereupon appoint a hearing tribunal of three persons, who shall be members of the board or a panel of hearing examiners, acting in the name of the board, to hear the complaint and shall cause to be issued and served in the name of the board a written notice, together with a copy of the complaint, as the same may have been amended, requiring the respondent to answer the charges of the complaint at a hearing before such tribunal, at a time and place to be specified in such notice.
The place of any such hearing may be the office of the board or another place designated by it. The case in support of the complaint shall be presented at the hearing by counsel for the board: Provided, That the complainant may retain independent counsel and submit testimony and be fully heard. No member or employee of the board who previously made the investigation or caused the notice to be issued shall participate in the hearing except as a witness, nor shall he participate in the deliberations of the tribunal in such case. Any endeavors or negotiations for conciliation shall not be received in evidence.
The respondent may file a written answer to the complaint and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard.
The tribunal conducting any hearing may permit reasonable amendment to any complaint or answer. Testimony taken at the hearing shall be under oath and recorded.
If, upon all the evidence, the tribunal finds that the respondent has engaged in any unfair practice it shall state its findings of fact and shall issue and file with the board and cause to be served on such respondent an order requiring such respondent to cease and desist from such unfair practice and to take such affirmative action, including, (but not limited to) hiring, reinstatement or upgrading of employees, with or without back, pay, an admission or restoration to full membership rights in any respondent organization, or to take such other action as, in the judgment of the tribunal, will effectuate the purposes of this chapter, and including a requirement for report of the matter on compliance.
If, upon all the evidence, the tribunal finds that the respondent has not engaged in any alleged unfair practice, it shall state its findings of fact and shall similarly issue and file an order dismissing the complaint.
The board shall establish rules of practice to govern, expedite and effectuate the foregoing procedure.
SEC. 19. There is added to chapter 183, Laws of 1949 and chapter 49.60 RCW, a new section to read as follows:
If the complainant is dissatisfied with the agreement reached as provided in section 17 hereof, or if the finding is made as provided for in this chapter, that there is no reasonable cause for believing that an unfair practice has been or is being committed, the complainant may within thirty days of approval by the board of such agreement or from receipt of a copy of said finding file a petition for reconsideration by the board and. he shall have the right to appear before the board at its next regular meeting in person or by counsel and present such facts, evidence and affidavits of witnesses as may support the complaint.
The board shall establish rules of practice to govern, expedite, and effectuate the foregoing procedure.
SEC. 20. Section 9, chapter 183, Laws of 1949 (heretofore divided and codified as RCW 49.60.260 through 49.60.300) is divided and amended as set forth in sections 21 through 25.
SEC. 21. (RCW 49:60.260) (1) The board shall petition the court within the county wherein any unfair practice occurred or wherein any person charged with an unfair practice resides or transacts business, for the enforcement, of any order which is not complied with and is issued by a tribunal under the provisions of this chapter and for appropriate temporary relief or a restraining order, and shall certify and file in court a transcript of the entice record of the proceedings, including the pleadings and testimony upon which such order was made and the finding and orders of the hearing tribunal. Within five days after filing such petition in court the board shall cause a notice of the petition to be sent by registered mail to all parties or their representatives.
The court shall have jurisdiction of the proceedings and of the questions determined thereon, and shall have the power to issue such orders and grant such relief by injunction or otherwise, including temporary relief, as it deems just and suitable and to make and enter, upon the pleadings, testimony and proceedings set forth in such transcript, a decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part any order of the board or hearing tribunal
(2) The findings of the hearing tribunal as to the facts, if supported by substantial and competent evidence shall be conclusive. The court, upon its own motion or upon motion of either of the parties to the proceeding, may permit each party to introduce such additional evidence as the court may believe necessary to a proper decision of the cause.
(3) The jurisdiction of the court shall be exclusive and its judgment, and decree shall be final, except that the same shall be subject to a review by the, supreme court, on appeal, by either party, irrespective of the nature of the decree or judgment. Such appeal shall be taken and prosecuted in the same manner and form and with the same effect as is provided in other cases of appeal to the supreme court, and the record so certified shall contain ail that was before the lower court.
SEC. 22. (RCW 49.60.270) Any respondent or complainant aggrieved by a final order of a hearing tribunal may obtain a review of such order in the superior court for the county where the unfair practice is alleged to have occurred or in the county, wherein such person resides or transacts business by filing with the clerk of the court, within two weeks from the date of receipt of such order, a written petition in duplicate praying that such order be modified or set aside. The clerk shall thereupon mail the duplicate copy to the board. The board shall then cause to be filed in the court a certified transcript of the entire record in the proceedings, including the pleadings, testimony and order. Upon such filing the court shall proceed in the same manner as in the case of a petition by the board and shall have the same exclusive jurisdiction to grant to any party such temporary relief or restraining order as it deems just and suitable, and in like manner to make and enter a decree enforcing or modifying and enforcing as so modified or setting aside, in whole or in part, the order sought to be reviewed.
Unless otherwise directed by the court, commencement of review proceedings under this section shall operate as a stay of any order.
SEC. 23. (RCW 49.60.280) Petitions filed under RCW 49.60.260 and 49.60.270 shall be heard expeditiously and determined upon the transcript filed, without requirement of printing. Hearings in the court under this chapter shall take precedence over all other matters, except matters of the same character.
SEC. 24. (RCW 49.60.290) No court of this state shall have jurisdiction to issue any restraining order or temporary or permanent injunction preventing the board from performing any function vested in it by this chapter.
SEC. 25. (RCW 49.60.300) RCW 49.60.260 to 49.60.290, inclusive, shall not be applicable to orders issued against any political or civil subdivision of the state, or any agency, office, or employee thereof.
SEC. 26. Section 10, chapter 183, Laws of 1949 and RCW 49.60.310 are each amended to read as follows:
Any person that willfully resists, prevents, impedes, or interferes with the board or any of its members or representatives in the performance of duty under this chapter, or that willfully violates an order of the board, is guilty of a misdemeanor; but procedure for the review of the order shall not be deemed to be such willful conduct.
SEC. 27. If any provision of this act or the application of such provision to any person or circumstance shall be held invalid, the remainder of such act or the application of such .provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.
Passed the House February 25, 1957
Passed the Senate February 23, 1957
Approved by the Governor March 2, 1957