Military spouse employment

AN ACT Relating to protecting military spouses from employment 1
discrimination; and amending RCW 49.60.010, 49.60.020, 49.60.030, 2
49.60.040, 49.60.180, 49.60.190, and 49.60.200. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 49.60.010 and 2020 c 52 s 1 are each amended to read 5
as follows: 6
This chapter shall be known as the "law against discrimination." 7
It is an exercise of the police power of the state for the protection 8
of the public welfare, health, and peace of the people of this state, 9
and in fulfillment of the provisions of the Constitution of this 10
state concerning civil rights. The legislature hereby finds and 11
declares that practices of discrimination against any of its 12
inhabitants because of race, creed, color, national origin, 13
citizenship or immigration status, families with children, sex, 14
marital status, military spouse status, sexual orientation, age, 15
honorably discharged veteran or military status, or the presence of 16
any sensory, mental, or physical disability or the use of a trained 17
dog guide or service animal by a person with a disability are a 18
matter of state concern, that such discrimination threatens not only 19
the rights and proper privileges of its inhabitants but menaces the 20
institutions and foundation of a free democratic state. A state 21
H-0493.2
HOUSE BILL 1335
State of Washington 69th Legislature 2025 Regular Session
By Representatives Richards, Reeves, Leavitt, McEntire, Shavers,
Abell, Springer, Ormsby, Macri, Reed, Hill, Doglio, Caldier, Paul,
and Nance
Read first time 01/16/25. Referred to Committee on Labor & Workplace
Standards.
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agency is herein created with powers with respect to elimination and 1
prevention of discrimination in employment, in credit and insurance 2
transactions, in places of public resort, accommodation, or 3
amusement, and in real property transactions because of race, creed, 4
color, national origin, citizenship or immigration status, families 5
with children, sex, marital status, military spouse status, sexual 6
orientation, age, honorably discharged veteran or military status, or 7
the presence of any sensory, mental, or physical disability or the 8
use of a trained dog guide or service animal by a person with a 9
disability; and the commission established hereunder is hereby given 10
general jurisdiction and power for such purposes. 11
Sec. 2. RCW 49.60.020 and 2020 c 52 s 2 are each amended to read 12
as follows: 13
The provisions of this chapter shall be construed liberally for 14
the accomplishment of the purposes thereof. Nothing contained in this 15
chapter shall be deemed to repeal any of the provisions of any other 16
law of this state relating to discrimination because of race, color, 17
creed, national origin, citizenship or immigration status, sex, 18
marital status, military spouse status, sexual orientation, age, 19
honorably discharged veteran or military status, or the presence of 20
any sensory, mental, or physical disability, other than a law which 21
purports to require or permit doing any act which is an unfair 22
practice under this chapter. The legislature intends to protect 23
military spouses from discrimination in employment and labor 24
practices. However, to the extent that distinction or differential 25
treatment on the basis of citizenship or immigration status is 26
authorized by federal or state law, regulation, or government 27
contract, it is not an unfair practice. Nor shall anything herein 28
contained be construed to deny the right to any person to institute 29
any action or pursue any civil or criminal remedy based upon an 30
alleged violation of his or her civil rights. This chapter shall not 31
be construed to endorse any specific belief, practice, behavior, or 32
orientation. Inclusion of sexual orientation in this chapter shall 33
not be construed to modify or supersede state law relating to 34
marriage. 35
Sec. 3. RCW 49.60.030 and 2020 c 52 s 4 are each amended to read 36
as follows: 37
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(1) The right to be free from discrimination because of race, 1
creed, color, national origin, citizenship or immigration status, 2
sex, honorably discharged veteran or military status, sexual 3
orientation, or the presence of any sensory, mental, or physical 4
disability or the use of a trained dog guide or service animal by a 5
person with a disability is recognized as and declared to be a civil 6
right. This right shall include, but not be limited to:7
(a) The right to obtain and hold employment without 8
discrimination; 9
(b) The right to the full enjoyment of any of the accommodations, 10
advantages, facilities, or privileges of any place of public resort, 11
accommodation, assemblage, or amusement; 12
(c) The right to engage in real estate transactions without 13
discrimination, including discrimination against families with 14
children; 15
(d) The right to engage in credit transactions without 16
discrimination; 17
(e) The right to engage in insurance transactions or transactions 18
with health maintenance organizations without discrimination: 19
PROVIDED, That a practice which is not unlawful under RCW 48.30.300, 20
48.44.220, or 48.46.370 does not constitute an unfair practice for 21
the purposes of this ((subparagraph)) subsection (1)(e);22
(f) The right to engage in commerce free from any discriminatory 23
boycotts or blacklists. Discriminatory boycotts or blacklists for 24
purposes of this section shall be defined as the formation or 25
execution of any express or implied agreement, understanding, policy 26
or contractual arrangement for economic benefit between any persons 27
which is not specifically authorized by the laws of the United States 28
and which is required or imposed, either directly or indirectly, 29
overtly or covertly, by a foreign government or foreign person in 30
order to restrict, condition, prohibit, or interfere with or in order 31
to exclude any person or persons from any business relationship on 32
the basis of race, color, creed, religion, sex, honorably discharged 33
veteran or military status, sexual orientation, the presence of any 34
sensory, mental, or physical disability, or the use of a trained dog 35
guide or service animal by a person with a disability, or national 36
origin, citizenship or immigration status, or lawful business 37
relationship: PROVIDED HOWEVER, That nothing herein contained shall 38
prohibit the use of boycotts as authorized by law pertaining to labor 39
disputes and unfair labor practices; ((and))40
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(g) The right of a mother to breastfeed her child in any place of 1
public resort, accommodation, assemblage, or amusement; and2
(h) The right of military spouses to obtain and hold employment 3
without discrimination. 4
(2) Any person deeming himself or herself injured by any act in 5
violation of this chapter shall have a civil action in a court of 6
competent jurisdiction to enjoin further violations, or to recover 7
the actual damages sustained by the person, or both, together with 8
the cost of suit including reasonable attorneys' fees or any other 9
appropriate remedy authorized by this chapter or the United States 10
Civil Rights Act of 1964 as amended, or the Federal Fair Housing 11
Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.).12
(3) Except for any unfair practice committed by an employer 13
against an employee or a prospective employee, or any unfair practice 14
in a real estate transaction which is the basis for relief specified 15
in the amendments to RCW 49.60.225 contained in chapter 69, Laws of 16
1993, any unfair practice prohibited by this chapter which is 17
committed in the course of trade or commerce as defined in the 18
Consumer Protection Act, chapter 19.86 RCW, is, for the purpose of 19
applying that chapter, a matter affecting the public interest, is not 20
reasonable in relation to the development and preservation of 21
business, and is an unfair or deceptive act in trade or commerce.22
Sec. 4. RCW 49.60.040 and 2024 c 161 s 1 are each amended to 23
read as follows: 24
The definitions in this section apply throughout this chapter 25
unless the context clearly requires otherwise. 26
(1) "Aggrieved person" means any person who: (a) Claims to have 27
been injured by an unfair practice in a real estate transaction; or 28
(b) believes that he or she will be injured by an unfair practice in 29
a real estate transaction that is about to occur. 30
(2) "Any place of public resort, accommodation, assemblage, or 31
amusement" includes, but is not limited to, any place, licensed or 32
unlicensed, kept for gain, hire, or reward, or where charges are made 33
for admission, service, occupancy, or use of any property or 34
facilities, whether conducted for the entertainment, housing, or 35
lodging of transient guests, or for the benefit, use, or 36
accommodation of those seeking health, recreation, or rest, or for 37
the burial or other disposition of human remains, or for the sale of 38
goods, merchandise, services, or personal property, or for the 39
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rendering of personal services, or for public conveyance or 1
transportation on land, water, or in the air, including the stations 2
and terminals thereof and the garaging of vehicles, or where food or 3
beverages of any kind are sold for consumption on the premises, or 4
where public amusement, entertainment, sports, or recreation of any 5
kind is offered with or without charge, or where medical service or 6
care is made available, or where the public gathers, congregates, or 7
assembles for amusement, recreation, or public purposes, or public 8
halls, public elevators, and public washrooms of buildings and 9
structures occupied by two or more tenants, or by the owner and one 10
or more tenants, or any public library or educational institution, or 11
schools of special instruction, or nursery schools, or day care 12
centers or children's camps: PROVIDED, That nothing contained in this 13
definition shall be construed to include or apply to any institute, 14
bona fide club, or place of accommodation, which is by its nature 15
distinctly private, including fraternal organizations, though where 16
public use is permitted that use shall be covered by this chapter; 17
nor shall anything contained in this definition apply to any 18
educational facility, columbarium, crematory, mausoleum, or cemetery 19
operated or maintained by a bona fide religious or sectarian 20
institution: PROVIDED FURTHER, That this definition, as it relates to 21
"service animal trainers" and "service animal trainees" as those 22
terms are defined in this section, shall not include those places of 23
public accommodation conducted for housing or lodging of transient 24
guests. 25
(3) "Commission" means the Washington state human rights 26
commission. 27
(4) "Complainant" means the person who files a complaint in a 28
real estate transaction. 29
(5) "Covered multifamily dwelling" means: (a) Buildings 30
consisting of four or more dwelling units if such buildings have one 31
or more elevators; and (b) ground floor dwelling units in other 32
buildings consisting of four or more dwelling units.33
(6) "Credit transaction" includes any open or closed end credit 34
transaction, whether in the nature of a loan, retail installment 35
transaction, credit card issue or charge, or otherwise, and whether 36
for personal or for business purposes, in which a service, finance, 37
or interest charge is imposed, or which provides for repayment in 38
scheduled payments, when such credit is extended in the regular 39
course of any trade or commerce, including but not limited to 40
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transactions by banks, savings and loan associations or other 1
financial lending institutions of whatever nature, stock brokers, or 2
by a merchant or mercantile establishment which as part of its 3
ordinary business permits or provides that payment for purchases of 4
property or service therefrom may be deferred. 5
(7)(a) "Disability" means the presence of a sensory, mental, or 6
physical impairment that: 7
(i) Is medically cognizable or diagnosable; or 8
(ii) Exists as a record or history; or 9
(iii) Is perceived to exist whether or not it exists in fact.10
(b) A disability exists whether it is temporary or permanent, 11
common or uncommon, mitigated or unmitigated, or whether or not it 12
limits the ability to work generally or work at a particular job or 13
whether or not it limits any other activity within the scope of this 14
chapter. 15
(c) For purposes of this definition, "impairment" includes, but 16
is not limited to: 17
(i) Any physiological disorder, or condition, cosmetic 18
disfigurement, or anatomical loss affecting one or more of the 19
following body systems: Neurological, musculoskeletal, special sense 20
organs, respiratory, including speech organs, cardiovascular, 21
reproductive, digestive, genitourinary, hemic and lymphatic, skin, 22
and endocrine; or 23
(ii) Any mental, developmental, traumatic, or psychological 24
disorder, including but not limited to cognitive limitation, organic 25
brain syndrome, emotional or mental illness, and specific learning 26
disabilities. 27
(d) Only for the purposes of qualifying for reasonable 28
accommodation in employment, an impairment must be known or shown 29
through an interactive process to exist in fact and:30
(i) The impairment must have a substantially limiting effect upon 31
the individual's ability to perform his or her job, the individual's 32
ability to apply or be considered for a job, or the individual's 33
access to equal benefits, privileges, or terms or conditions of 34
employment; or 35
(ii) The employee must have put the employer on notice of the 36
existence of an impairment, and medical documentation must establish 37
a reasonable likelihood that engaging in job functions without an 38
accommodation would aggravate the impairment to the extent that it 39
would create a substantially limiting effect. 40
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(e) For purposes of (d) of this subsection, a limitation is not 1
substantial if it has only a trivial effect. 2
(8) "Dog guide" means a dog that is trained for the purpose of 3
guiding blind persons or a dog that is trained for the purpose of 4
assisting hearing impaired persons. 5
(9) "Dwelling" means any building, structure, or portion thereof 6
that is occupied as, or designed or intended for occupancy as, a 7
residence by one or more families, and any vacant land that is 8
offered for sale or lease for the construction or location thereon of 9
any such building, structure, or portion thereof. 10
(10) "Employee" does not include any individual employed by his 11
or her parents, spouse, or child, or in the domestic service of any 12
person. 13
(11) "Employer" includes any person acting in the interest of an 14
employer, directly or indirectly, who employs eight or more persons, 15
and does not include any religious or sectarian organization not 16
organized for private profit. 17
(12) "Employment agency" includes any person undertaking with or 18
without compensation to recruit, procure, refer, or place employees 19
for an employer. 20
(13) "Families with children status" means one or more 21
individuals who have not attained the age of eighteen years being 22
domiciled with a parent or another person having legal custody of 23
such individual or individuals, or with the designee of such parent 24
or other person having such legal custody, with the written 25
permission of such parent or other person. Families with children 26
status also applies to any person who is pregnant or is in the 27
process of securing legal custody of any individual who has not 28
attained the age of eighteen years. 29
(14) "Full enjoyment of" includes the right to purchase any 30
service, commodity, or article of personal property offered or sold 31
on, or by, any establishment to the public, and the admission of any 32
person to accommodations, advantages, facilities, or privileges of 33
any place of public resort, accommodation, assemblage, or amusement, 34
without acts directly or indirectly causing persons of any particular 35
race, creed, color, sex, sexual orientation, national origin, or with 36
any sensory, mental, or physical disability, or the use of a trained 37
dog guide or service animal by a person with a disability, to be 38
treated as not welcome, accepted, desired, or solicited.39
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(15) "Honorably discharged veteran or military status" means a 1
person who is: 2
(a) A veteran, as defined in RCW 41.04.007; or 3
(b) An active or reserve member in any branch of the armed forces 4
of the United States, including the national guard, coast guard, and 5
armed forces reserves. 6
(16) "Labor organization" includes any organization which exists 7
for the purpose, in whole or in part, of dealing with employers 8
concerning grievances or terms or conditions of employment, or for 9
other mutual aid or protection in connection with employment.10
(17) "Marital status" means the legal status of being married, 11
single, separated, divorced, or widowed. 12
(18) "Military spouse status" means any person currently or 13
previously married to a service member during the service member's 14
time of active duty military service. "Service member" and "military 15
service" have the same meaning as in RCW 38.42.010.16
(19) "National origin" includes "ancestry." 17
(((19))) (20) "Person" includes one or more individuals, 18
partnerships, associations, organizations, corporations, 19
cooperatives, legal representatives, trustees and receivers, or any 20
group of persons; it includes any owner, lessee, proprietor, manager, 21
agent, or employee, whether one or more natural persons; and further 22
includes any political or civil subdivisions of the state and any 23
agency or instrumentality of the state or of any political or civil 24
subdivision thereof. 25
(((20))) (21) "Premises" means the interior or exterior spaces, 26
parts, components, or elements of a building, including individual 27
dwelling units and the public and common use areas of a building.28
(((21))) (22) "Race" is inclusive of traits historically 29
associated or perceived to be associated with race including, but not 30
limited to, hair texture and protective hairstyles. For purposes of 31
this subsection, "protective hairstyles" includes, but is not limited 32
to, such hairstyles as afros, braids, locks, and twists.33
(((22))) (23) "Real estate transaction" includes the sale, 34
appraisal, brokering, exchange, purchase, rental, or lease of real 35
property, transacting or applying for a real estate loan, or the 36
provision of brokerage services. 37
(((23))) (24) "Real property" includes buildings, structures, 38
dwellings, real estate, lands, tenements, leaseholds, interests in 39
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real estate cooperatives, condominiums, and hereditaments, corporeal 1
and incorporeal, or any interest therein. 2
(((24))) (25) "Respondent" means any person accused in a 3
complaint or amended complaint of an unfair practice in a real estate 4
transaction. 5
(((25))) (26) "Service animal" means any dog or miniature horse 6
that is individually trained to do work or perform tasks for the 7
benefit of an individual with a disability, including a physical, 8
sensory, psychiatric, intellectual, or other mental disability. The 9
work or tasks performed by the service animal must be directly 10
related to the individual's disability. Examples of work or tasks 11
include, but are not limited to, assisting individuals who are blind 12
or have low vision with navigation and other tasks, alerting 13
individuals who are deaf or hard of hearing to the presence of people 14
or sounds, providing nonviolent protection or rescue work, pulling a 15
wheelchair, assisting an individual during a seizure, alerting 16
individuals to the presence of allergens, retrieving items such as 17
medicine or the telephone, providing physical support and assistance 18
with balance and stability to individuals with mobility disabilities, 19
and helping persons with psychiatric and neurological disabilities by 20
preventing or interrupting impulsive or destructive behaviors. The 21
crime deterrent effects of an animal's presence and the provision of 22
emotional support, well-being, comfort, or companionship do not 23
constitute work or tasks. This subsection does not apply to RCW 24
49.60.222 through 49.60.227 with respect to housing accommodations or 25
real estate transactions. 26
(((26))) (27) "Service animal trainee" means any dog or miniature 27
horse that is undergoing training to become a service animal.28
(((27))) (28) "Service animal trainer" means an individual 29
exercising care, custody, and control over a service animal trainee 30
during a course of training designed to develop the service animal 31
trainee into a service animal. 32
(((28))) (29) "Sex" means gender. 33
(((29))) (30) "Sexual orientation" means heterosexuality, 34
homosexuality, bisexuality, and gender expression or identity. As 35
used in this definition, "gender expression or identity" means having 36
or being perceived as having a gender identity, self-image, 37
appearance, behavior, or expression, whether or not that gender 38
identity, self-image, appearance, behavior, or expression is 39
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different from that traditionally associated with the sex assigned to 1
that person at birth. 2
Sec. 5. RCW 49.60.180 and 2020 c 52 s 10 are each amended to 3
read as follows: 4
It is an unfair practice for any employer: 5
(1) To refuse to hire any person because of age, sex, marital 6
status, military spouse status, sexual orientation, race, creed, 7
color, national origin, citizenship or immigration status, honorably 8
discharged veteran or military status, or the presence of any 9
sensory, mental, or physical disability or the use of a trained dog 10
guide or service animal by a person with a disability, unless based 11
upon a bona fide occupational qualification: PROVIDED, That the 12
prohibition against discrimination because of such disability shall 13
not apply if the particular disability prevents the proper 14
performance of the particular worker involved: PROVIDED, That this 15
section shall not be construed to require an employer to establish 16
employment goals or quotas based on sexual orientation.17
(2) To discharge or bar any person from employment because of 18
age, sex, marital status, military spouse status, sexual orientation, 19
race, creed, color, national origin, citizenship or immigration 20
status, honorably discharged veteran or military status, or the 21
presence of any sensory, mental, or physical disability or the use of 22
a trained dog guide or service animal by a person with a disability.23
(3) To discriminate against any person in compensation or in 24
other terms or conditions of employment because of age, sex, marital 25
status, military spouse status, sexual orientation, race, creed, 26
color, national origin, citizenship or immigration status, honorably 27
discharged veteran or military status, or the presence of any 28
sensory, mental, or physical disability or the use of a trained dog 29
guide or service animal by a person with a disability: PROVIDED, That 30
it shall not be an unfair practice for an employer to segregate 31
washrooms or locker facilities on the basis of sex, or to base other 32
terms and conditions of employment on the sex of employees where the 33
commission by regulation or ruling in a particular instance has found 34
the employment practice to be appropriate for the practical 35
realization of equality of opportunity between the sexes.36
(4) To print, or circulate, or cause to be printed or circulated 37
any statement, advertisement, or publication, or to use any form of 38
application for employment, or to make any inquiry in connection with 39
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prospective employment, which expresses any limitation, 1
specification, or discrimination as to age, sex, marital status, 2
military spouse status, sexual orientation, race, creed, color, 3
national origin, citizenship or immigration status, honorably 4
discharged veteran or military status, or the presence of any 5
sensory, mental, or physical disability or the use of a trained dog 6
guide or service animal by a person with a disability, or any intent 7
to make any such limitation, specification, or discrimination, unless 8
based upon a bona fide occupational qualification: PROVIDED, Nothing 9
contained herein shall prohibit advertising in a foreign language.10
Sec. 6. RCW 49.60.190 and 2020 c 52 s 11 are each amended to 11
read as follows: 12
It is an unfair practice for any labor union or labor 13
organization: 14
(1) To deny membership and full membership rights and privileges 15
to any person because of age, sex, marital status, military spouse 16
status, sexual orientation, race, creed, color, national origin, 17
citizenship or immigration status, honorably discharged veteran or 18
military status, or the presence of any sensory, mental, or physical 19
disability or the use of a trained dog guide or service animal by a 20
person with a disability. 21
(2) To expel from membership any person because of age, sex, 22
marital status, military spouse status, sexual orientation, race, 23
creed, color, national origin, citizenship or immigration status, 24
honorably discharged veteran or military status, or the presence of 25
any sensory, mental, or physical disability or the use of a trained 26
dog guide or service animal by a person with a disability.27
(3) To discriminate against any member, employer, employee, or 28
other person to whom a duty of representation is owed because of age, 29
sex, marital status, military spouse status, sexual orientation, 30
race, creed, color, national origin, citizenship or immigration 31
status, honorably discharged veteran or military status, or the 32
presence of any sensory, mental, or physical disability or the use of 33
a trained dog guide or service animal by a person with a disability.34
Sec. 7. RCW 49.60.200 and 2020 c 52 s 12 are each amended to 35
read as follows: 36
It is an unfair practice for any employment agency to fail or 37
refuse to classify properly or refer for employment, or otherwise to 38
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discriminate against, an individual because of age, sex, marital 1
status, military spouse status, sexual orientation, race, creed, 2
color, national origin, citizenship or immigration status, honorably 3
discharged veteran or military status, or the presence of any 4
sensory, mental, or physical disability or the use of a trained dog 5
guide or service animal by a person with a disability, or to print or 6
circulate, or cause to be printed or circulated any statement, 7
advertisement, or publication, or to use any form of application for 8
employment, or to make any inquiry in connection with prospective 9
employment, which expresses any limitation, specification or 10
discrimination as to age, sex, race, sexual orientation, creed, 11
color, or national origin, citizenship or immigration status, 12
honorably discharged veteran or military status, or the presence of 13
any sensory, mental, or physical disability or the use of a trained 14
dog guide or service animal by a person with a disability, or any 15
intent to make any such limitation, specification, or discrimination, 16
unless based upon a bona fide occupational qualification: PROVIDED, 17
Nothing contained herein shall prohibit advertising in a foreign 18
language. 19
--- END ---
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