Washington Administrative Code
Title 162 - Human Rights Commission
Chapter 162-16 - Employment
Section 162-16-250 - Discrimination because of marital status
Universal Citation: WA Admin Code 162-16-250
Current through Register Vol. 24-06, March 15, 2024
(1) General rule. It is an unfair practice to discriminate against an employee or job applicant because of marital status. Examples of unfair practices include, but are not limited to:
(a) Refusing to hire a single or divorced
applicant because of a presumption that "married persons are more
stable."
(b) Refusing to promote a
married employee because of a presumption that he or she "will be less willing
to work late and travel."
(2) Exceptions to the rule. There are narrow exceptions to the rule that an employer, employment agency, labor union, or other person may not discriminate on the basis of marital status:
(a) If a bona fide occupational
qualification applies (please see WAC
162-16-240 ).
(b) If an employer is enforcing a documented
conflict of interest policy limiting employment opportunities on the basis of
marital status:
(i) Where one spouse would
have the authority or practical power to supervise, appoint, remove, or
discipline the other;
(ii) Where
one spouse would be responsible for auditing the work of the other;
(iii) Where other circumstances exist which
would place the spouses in a situation of actual or reasonably foreseeable
conflict between the employer's interest and their own; or
(iv) Where, in order to avoid the reality or
appearance of improper influence or favor, or to protect its confidentiality,
the employer must limit the employment of close relatives of policy level
officers of customers, competitors, regulatory agencies, or others with whom
the employer deals.
Statutory Authority: RCW 49.60.120(3). 99-15-025, § 162-16-250, filed 7/12/99, effective 8/12/99.
Disclaimer: These regulations may not be the most recent version. Washington may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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