Wash. Rev. Code » Title 49 · Chapter 49.60

Wash. Rev. Code § 49.60.400

Discrimination, preferential treatment prohibited

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(1) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
(2) This section applies only to action taken after December 3, 1998.
(3) This section does not affect any law or governmental action that does not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin.
(4) This section does not affect any otherwise lawful classification that:
(a) Is based on sex and is necessary for sexual privacy or medical or psychological treatment; or
(b) Is necessary for undercover law enforcement or for film, video, audio, or theatrical casting; or
(c) Provides for separate athletic teams for each sex.
(5) This section does not invalidate any court order or consent decree that is in force as of December 3, 1998.
(6) This section does not prohibit action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the state.
(7) Nothing in this section prohibits schools established under chapter 28A.715 RCW from:
(a) Implementing a policy of Indian preference in employment; or
(b) Prioritizing the admission of tribal members where capacity of the school's programs or facilities is not as large as demand.
(8) For the purposes of this section, "state" includes, but is not necessarily limited to, the state itself, any city, county, public college or university, community college, school district, special district, or other political subdivision or governmental instrumentality of or within the state.
(9) The remedies available for violations of this section shall be the same, regardless of the injured party's race, sex, color, ethnicity, or national origin, as are otherwise available for violations of Washington antidiscrimination law.
(10) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law, the United States Constitution, or the Washington state Constitution, the section shall be implemented to the maximum extent that federal law, the United States Constitution, and the Washington state Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.
[ 2013 c 242 s 7; (2019 c 160 s 3, Referendum Measure No. 88 failed to become law); 1999 c 3 s 1 (Initiative Measure No. 200, approved November 3, 1998).]
Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 2000–2024 · leading case: Parents Involved in Community Schools v. Seattle School District No. 1
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Parents Involved in Community Schools v. Seattle School District No. 1 (2003) wash · cites it 32× “We are asked by the Ninth Circuit Court of Appeals to interpret RCW 49.60.400 to determine whether it prohibits all race-cognizant state government action or whether the act allows some race-cognizant state action, while limiting others.”
Dumont v. City of Seattle (2009) washctapp · cites it 23× “¶ 1 Kevin Dumont, a white City of Seattle firefighter, appeals from the summary judgment dismissal of his lawsuit alleging that the City of Seattle fire chief violated RCW 49.60.400 by not promoting him to the job of fireboat engineer while, instead, promoting a less-qualified…”
Dumont v. City of Seattle (2009) washctapp · cites it 22× “¶1 Kevin Dumont, a white City of Seattle fire fighter, appeals from the summary judgment dismissal of his lawsuit alleging that the City of Seattle fire chief *855 violated RCW 49.60.400 by not promoting him to the job of fireboat engineer while, instead, promoting a…”
Parents Involved in Community Schools v. Seattle School District No. 1 (2007) scotus · cites it 2× “" Wash. Rev. Code §49.60.400 (1) (2006). [7] Middle and high school students are designated a single resides school and assigned to that school unless it is at the extremes of the racial guidelines.”
Parents Involved in Community Schools v. Seattle School District No. 1 (2001) wawd · cites it 2× “Plaintiffs, a group of parents whose children were not, or may not be, assigned to a high school of their choice under the assignment plan using the racial integration tiebreaker, claim that use of the tiebreaker violates the Washington Civil Rights Act (the “Act,” the…”
Becker v. Washington State University (2011) washctapp “Similarly, RCW 49.60.400(1) omits “age” from the list of classifications protected from discrimination at public colleges and community colleges.”
Gossage v. State (2002) washctapp · cites it 2× “200, approved by Washington voters on November 3, 1998, and codified as RCW 49.60.400 by Laws of 1999, ch. 3, § 1, provides that the State "shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or…”
PICS v. Seattle School Dist. No. 1 (2003) wash · cites it 36× “We are asked by the Ninth Circuit Court of Appeals to interpret RCW 49.60.400 to determine whether it prohibits all race-cognizant state government action or whether the act allows some race-cognizant state action, while limiting others.”
Parents Involved in Community Schools v. Seattle School District, No. 1 (2005) ca9 “Par- ents timely appealed, and on April 16, 2002, a three-judge panel of this court issued an opinion reversing the district court’s decision, holding that the Plan violated Washington state law and discussing federal law only as an aid to constru- 8 Wash. Rev. Code § 49.60.400…”
Gossage v. State (2002) washctapp · cites it 2× “200, approved by Washington voters on November 3, 1998, and codified as RCW 49.60.400 by Laws of 1999, ch. 3, § 1, provides that the State “shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or…”
Parents Involved in Community Schools v. Seattle School District, No. 1 (2002) ca9 “Specifically, the Parents alleged that by using race to decide who may attend the oversubscribed high schools, the School District discriminates and grants a preference on the basis of race — thereby violating the Washington Civil Rights Act, Wash. Rev. Code § 49.60.400 (passed…”
Parents Involved in Community Schools v. Seattle School District, No. 1 (2004) ca9 “Wash. Rev.Code § 49.60.400 ("The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.”
Show all 15 citing cases →
— Wash. Rev. Code § 49.60.400(1) — 9 cases
Parents Involved in Community Schools v. Seattle School District No. 1 (2003) wash “We are asked by the Ninth Circuit Court of Appeals to interpret RCW 49.60.400 to determine whether it prohibits all race-cognizant state government action or whether the act allows some race-cognizant state action, while limiting others.”
Dumont v. City of Seattle (2009) washctapp “¶ 1 Kevin Dumont, a white City of Seattle firefighter, appeals from the summary judgment dismissal of his lawsuit alleging that the City of Seattle fire chief violated RCW 49.60.400 by not promoting him to the job of fireboat engineer while, instead, promoting a less-qualified…”
Dumont v. City of Seattle (2009) washctapp “¶1 Kevin Dumont, a white City of Seattle fire fighter, appeals from the summary judgment dismissal of his lawsuit alleging that the City of Seattle fire chief *855 violated RCW 49.60.400 by not promoting him to the job of fireboat engineer while, instead, promoting a…”
Becker v. Washington State University (2011) washctapp “Similarly, RCW 49.60.400(1) omits “age” from the list of classifications protected from discrimination at public colleges and community colleges.”
Gossage v. State (2002) washctapp “200, approved by Washington voters on November 3, 1998, and codified as RCW 49.60.400 by Laws of 1999, ch. 3, § 1, provides that the State "shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or…”
— Wash. Rev. Code § 49.60.400(3) — 2 cases
Parents Involved in Community Schools v. Seattle School District No. 1 (2003) wash “We are asked by the Ninth Circuit Court of Appeals to interpret RCW 49.60.400 to determine whether it prohibits all race-cognizant state government action or whether the act allows some race-cognizant state action, while limiting others.”
PICS v. Seattle School Dist. No. 1 (2003) wash “We are asked by the Ninth Circuit Court of Appeals to interpret RCW 49.60.400 to determine whether it prohibits all race-cognizant state government action or whether the act allows some race-cognizant state action, while limiting others.”
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