WAC 162-16-290   Recruiting statements.  (1) Employers are encouraged to seek a broad pool of applicants through recruitment efforts. It is permissible to use advertisements that contain nonexclusionary recruitment phrases, such as:

     (a) "Equal opportunity employer."

     (b) "We encourage workforce diversity."

     (2) IT IS NOT PERMISSIBLE, however, to express or exercise a hiring preference based on protected status, UNLESS:

     (a) The employer has a court order to do so or an authorization from this commission or another governmental agency of competent authority and jurisdiction; or

     (b) The employer can prove that the expression is justified by a bona fide occupational qualification (please see WAC 162-16-240). In the absence of proof, the advertisement will be considered evidence of an unfair practice under the law.



[Statutory Authority: RCW 49.60.120(3). 99-15-025, § 162-16-290, filed 7/12/99, effective 8/12/99.]