WAC 162-12-120
General approach. (1) Inquiries that convey
to a reasonable person that applicants in a protected class will
be discriminated against are prohibited whether or not they are
connected to a discriminatory purpose.
(2) The commission recognizes the legitimate interests of
employers and employment agencies with respect to making
preemployment inquiries that are consistent with the purpose of
the law against discrimination, or where required by government
or to carry out an employer's policy of nondiscrimination. In
the absence of safeguards, preemployment inquiries or records of
applicants' protected status can be misused for discriminatory
purposes. The rules in WAC 162-12-140 identify common fair and
unfair preemployment inquiries so that employers and employment
agencies do not convey the impression that applicants will be
discriminated against based on protected status.
[Statutory Authority: RCW 49.60.120(3). 00-01-177, §
162-12-120, filed 12/21/99, effective 1/21/00; 96-21-054, §
162-12-120, filed 10/14/96, effective 11/14/96; Order 16, §
162-12-120, filed 5/22/74; Order 9, § 162-12-120, filed 9/23/71;
§ 162-12-120, filed 10/23/67.]