Text of WA HB 1011 (2018)

AN ACT Relating to allowing the use of gender-segregated 1 facilities; and amending RCW 49.60.030. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 3 Sec. 1. RCW 49.60.030 and 2009 c 164 s 1 are each amended to 4 read as follows: 5 (1) The right to be free from discrimination because of race, 6 creed, color, national origin, sex, honorably discharged veteran or 7 military status, sexual orientation, or the presence of any sensory, 8 mental, or physical disability or the use of a trained dog guide or 9 service animal by a person with a disability is recognized as and 10 declared to be a civil right. This right shall include, but not be 11 limited to: 12 (a) The right to obtain and hold employment without 13 discrimination; 14 (b) The right to the full enjoyment of any of the accommodations, 15 advantages, facilities, or privileges of any place of public resort, 16 accommodation, assemblage, or amusement; 17 (c) The right to engage in real estate transactions without 18 discrimination, including discrimination against families with 19 children; 20 H-0248.1 HOUSE BILL 1011 State of Washington 65th Legislature 2017 Regular Session By Representatives Taylor, Shea, McCaslin, Young, Klippert, Walsh, Haler, Short, Manweller, Hargrove, Pike, Holy, Rodne, and Buys Prefiled 12/05/16. p. 1 HB 1011 (d) The right to engage in credit transactions without 1 discrimination; 2 (e) The right to engage in insurance transactions or transactions 3 with health maintenance organizations without discrimination: 4 PROVIDED, That a practice which is not unlawful under RCW 48.30.300, 5 48.44.220, or 48.46.370 does not constitute an unfair practice for 6 the purposes of this subparagraph; 7 (f) The right to engage in commerce free from any discriminatory 8 boycotts or blacklists. Discriminatory boycotts or blacklists for 9 purposes of this section shall be defined as the formation or 10 execution of any express or implied agreement, understanding, policy 11 or contractual arrangement for economic benefit between any persons 12 which is not specifically authorized by the laws of the United States 13 and which is required or imposed, either directly or indirectly, 14 overtly or covertly, by a foreign government or foreign person in 15 order to restrict, condition, prohibit, or interfere with or in order 16 to exclude any person or persons from any business relationship on 17 the basis of race, color, creed, religion, sex, honorably discharged 18 veteran or military status, sexual orientation, the presence of any 19 sensory, mental, or physical disability, or the use of a trained dog 20 guide or service animal by a person with a disability, or national 21 origin or lawful business relationship: PROVIDED HOWEVER, That 22 nothing herein contained shall prohibit the use of boycotts as 23 authorized by law pertaining to labor disputes and unfair labor 24 practices; and 25 (g) The right of a mother to breastfeed her child in any place of 26 public resort, accommodation, assemblage, or amusement. 27 (2) Any person deeming himself or herself injured by any act in 28 violation of this chapter shall have a civil action in a court of 29 competent jurisdiction to enjoin further violations, or to recover 30 the actual damages sustained by the person, or both, together with 31 the cost of suit including reasonable attorneys' fees or any other 32 appropriate remedy authorized by this chapter or the United States 33 Civil Rights Act of 1964 as amended, or the Federal Fair Housing 34 Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.). 35 (3) Except for any unfair practice committed by an employer 36 against an employee or a prospective employee, or any unfair practice 37 in a real estate transaction which is the basis for relief specified 38 in the amendments to RCW 49.60.225 contained in chapter 69, Laws of 39 1993, any unfair practice prohibited by this chapter which is 40 p. 2 HB 1011 committed in the course of trade or commerce as defined in the 1 Consumer Protection Act, chapter 19.86 RCW, is, for the purpose of 2 applying that chapter, a matter affecting the public interest, is not 3 reasonable in relation to the development and preservation of 4 business, and is an unfair or deceptive act in trade or commerce. 5 (4) Nothing in this chapter prohibits a public or private entity 6 from limiting access to a private facility segregated by gender, such 7 as a bathroom, restroom, toilet, shower, locker room, or sauna, to a 8 person if the person is preoperative, nonoperative, or otherwise has 9 genitalia of a different gender from that for which the facility is 10 segregated. Nothing in this chapter grants any right to a person to 11 access a private facility segregated by gender, such as a bathroom, 12 restroom, toilet, shower, locker room, or sauna, of a public or 13 private entity if the person is preoperative, nonoperative, or 14 otherwise has genitalia of a different gender from that for which the 15 facility is segregated. 16 (5) Nothing in this section prevents a minor child or a person 17 with a disability from entering a facility segregated by gender when 18 the child or person is a different gender from the gender for which 19 the facility is segregated if: (a) A parent, guardian, supervisor, or 20 caretaker is escorting the minor child or the person with a 21 disability to or from the facility, (b) the child or person is under 22 the custody, control, supervision, or care of the parent, guardian, 23 supervisor, or caretaker, and (c) the gender of the parent, guardian, 24 supervisor, or caretaker is the same as the gender for which the 25 facility is segregated. 26 --- END --- p. 3 HB 1011