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Washington Pre-Employment Inquiries (Interviewing): What you need to know

The Washington Law Against Discrimination prohibits employers from making preemployment inquiries about an individual's age, sex, marital status, sexual orientation, race, creed, color, national origin, disability, military status, or military discharge status, unless based on a bona fide occupational qualification (BFOQ). The Law covers employers with eight or more employees (WA Rev. Code Sec. 49.60.010 et seq.).
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HIV and hepatitis C infection. Testing for human immunodeficiency virus (HIV) or hepatitis C as a condition of employment is prohibited, as is making employment decisions on the basis of the results of an HIV or hepatitis C test, absent a BFOQ (WA Rev. Code Sec. 49.60.172).
Genetic testing. All employers are prohibited from requiring genetic testing or information of an applicant or employee as a condition of prospective or continued employment (WA Rev. Code Sec. 49.44.180). "Genetic information" means any information about inherited characteristics that can be derived from a DNA-based or other laboratory test, family history, or medical examination. It does not include (1) routine physical measurements, including chemical, blood, and urine analysis, unless conducted purposefully to diagnose genetic or inherited characteristics; or (2) results from tests for abuse of alcohol or drugs or for the presence of HIV.
Lie detector testing. With limited exceptions, employers are prohibited from requiring that applicants and employees submit to a lie detector or similar test as a condition of employment or continued employment (WA Rev. Code Sec. 49.44.120).
BFOQ exception. According to regulations issued by the Washington Human Rights Commission, the BFOQ exception is limited to those situations where the ...

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