WAC 162-16-200
General purpose and definitions. The law
against discrimination protects persons from discrimination in
employment (RCW 49.60.180, 49.60.190, and 49.60.200). Persons
are also protected from discrimination as provided in RCW 49.60.172 (unfair practices with respect to HIV infection), RCW 49.60.174 (actual or perceived HIV infection), and RCW 49.60.210
(unfair to discriminate against person opposing unfair practice).
(1) The commission's first objective in writing the rules in
this chapter and in making future decisions on questions not
addressed in this chapter is to eliminate and prevent
discrimination. This is the overall purpose of the law against
discrimination.
(2) Other objectives in writing these rules are:
(a) To be consistent with interpretations of federal
antidiscrimination law and the antidiscrimination laws of other
states, where these are comparable to Washington law, and where
the commission does not find that a different rule would better
serve the state of Washington.
(b) To avoid the uncritical adoption of definitions from
areas of law other than antidiscrimination law. It is
appropriate to define employment differently in different areas
of the law to carry out the separate purpose of each area of law.
(c) To give effect to the purposes of the exemption of
employers of less than eight from public enforcement of the law
against discrimination, as identified in RCW 49.60.040.
(d) The public and commission staff need standards that are
certain and that are easy to understand and apply. Therefore we
must sometimes simply draw a line, although reasonable persons
could differ as to where the line should be drawn.
(3) The state law against discrimination covers employers
with eight or more employees. Persons should also educate
themselves on relevant local or federal antidiscrimination laws.
(4) Definition:
In this chapter, the following words are used in the meaning
given, unless the context clearly indicates another meaning.
"Protected status" is short for the phrase, "age, sex,
marital status, race, creed, color, national origin, or the
presence of any sensory, mental, or physical disability or the
use of a trained dog guide or service animal by a disabled
person," and means the full phrase (see RCW 49.60.180).
[Statutory Authority: RCW 49.60.120(3). 99-15-025, §
162-16-200, filed 7/12/99, effective 8/12/99.]