New and Revised Human Rights Commission Rules

The regulations amended and adopted by the Human Rights Commission are intended to "adopt improvements . . . relating to clarity, effectiveness, consistency with statutory intent and case law, need, and fairness." Also, numerous regulations were repealed. Changes or clarifications of significance for local governments include:

• establishing standards for determining who is an independent contractor, who is not entitled to the protection of RCW 49.60.180 (Unfair practices of employers);

• providing examples of what constitutes a bona fide occupational qualification (BFOQ) (a BFOQ provides an exception to the rule that an employer may not discriminate on the basis of protected status);

• providing examples of discrimination because of marital status and defining narrow exceptions to the rule against marital status discrimination;

• providing guidance in avoiding discriminatory language in advertising and recruiting and in establishing job titles;

• defining unfair employment practices relating to persons with a disability, and defining and providing examples of reasonable accommodations;

• clarifying and expanding the situations when an employer may seek a health care professional's opinion regarding a person's disability and possible effective accommodations;

• providing, consistent with the ADA, that employee health care information be kept separate from the employee's regular personnel files;

• prohibiting waivers on the basis of disability;

• restructuring the rule concerning employment practices relating to pregnancy, childbirth, and pregnancy related conditions; and

• repealing the rules regarding discrimination in employment because of arrests or convictions.