AN ACT Relating to prohibiting government entities from discriminating or
granting preferential treatment based on race, sex, color, ethnicity, or national
origin; and adding new sections to chapter 49.60 RCW.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
Sec. 1. (1) The state shall not discriminate against, or
grant preferential treatment to, any individual or group on the basis of race,
sex, color, ethnicity, or national origin in the operation of public employment,
public education, or public contracting.
(2) This section applies only to action taken after the effective date of this
(3) This section does not affect any law or governmental action that does not
discriminate against, or grant preferential treatment to, any individual or group
on the basis of race, sex, color, ethnicity, or national origin.
(4) This section does not affect any otherwise lawful classification that:
(a) Is based on sex and is necessary for sexual privacy or medical or
psychological treatment; or
(b) Is necessary for undercover law enforcement or for film, video,
audio, or theatrical casting; or
(c) Provides for separate athletic teams for each sex.
(5) This section does not invalidate any court order or consent decree that is
in force as of the effective date of this section.
(6) This section does not prohibit action that must be taken to establish or
maintain eligibility for any federal program, if ineligibility would result in a
loss of federal funds to the state.
(7) For the purposes of this section, “state” includes, but is not necessarily
limited to, the state itself, any city, county, public college or university,
community college, school district, special district, or other political
subdivision or governmental instrumentality of or within the state.
(8) The remedies available for violations of this section shall be the same,
regardless of the injured party’s race, sex, color, ethnicity, or national origin,
as are otherwise available for violations of Washington anti-discrimination law.
(9) This section shall be self-executing. If any part or parts of this
section are found to be in conflict with federal law, the United States
Constitution, or the Washington state Constitution, the section shall be
implemented to the maximum extent that federal law, the United States
Constitution, and the Washington state Constitution permit. Any provision held
invalid shall be severable from the remaining portions of this section.
Sec. 2. This act shall be known and cited as the
Washington State Civil Rights Act.
Sec. 3. Sections 1 and 2 of this act are each added to
chapter 49.60 RCW.