On Friday, January 27, 2006, the Washington State Senate approved passage of legislation that will revise Ch 49.60, RCW, also known as "Washington's Law Against Discrimination" (WLAD). The amendments will prohibit discrimination on the basis of "sexual orientation," and expand protected categories previously included, such as "race, creed, color, national origin, families with children, sex, marital status, age, 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."The amendments include a definition of "sexual orientation" that reads: "Sexual orientation means heterosexuality, homosexuality, bisexuality, and gender expression or identity. As used in this definition, 'gender expression or identity' means having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth."
The amendments also state: "Inclusion of sexual orientation in this chapter shall not be construed to modify or supersede state law relating to marriage."
Other language in the amendments clarify that regarding hiring practices, inclusion of "sexual orientation" as a protected class "...shall not be construed to require an employer to establish employment goals or quotas based on sexual orientation."
Washington Governor Christine Gregoire has previously stated that she would sign the legislation. The amendment will become effective 90 days after the governor's signature.
In passing this legislation, Washington becomes the 17th state to protect gays and lesbians from discrimination, and only the 7th state to protect transgender persons from discrimination.
Employers with operations based in Washington State, as well as employers based in other states with facilities in Washington, should review their policies and practices, especially anti-discrimination and anti-harassment policies. These items should include prohibiting discrimination on the basis of sexual orientation, including gender expression and identity. Employers should also consider updating their training in this area to inform employees about the amended provisions of the law.
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