Washington Application Forms laws & HR compliance analysis

Washington Application Forms: What you need to know

The Washington Law Against Discrimination (WLAD) prohibits employers from using any application form or making any type of inquiry in connection with prospective employment that expresses a limitation, specification, or discrimination as to race, creed, color, national origin (including ancestry), age (40 years of age or older), sex (including pregnancy), marital status, sexual orientation (including gender identity), honorably discharged veteran or military status, actual or perceived human immunodeficiency virus (HIV) or hepatitis C infection, disability, or the use of a trained guide dog or service animal by a person with a disability, unless a bona fide occupational qualification (BFOQ) exception applies (WA Rev. Code Sec. 49.60.030 ). It is also a violation of the WLAD for an employer to discharge, expel, or otherwise discriminate against a person because the person has opposed an unlawful discriminatory practice (WA Rev. Code Sec. 49.60.210). The WLAD covers employers with eight or more employees.
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Genetic testing prohibited. All employers, regardless of size, are prohibited from requiring an applicant or employee to submit to genetic testing as a condition of employment or continued employment (WA Rev. Code Sec. 49.44.180).
HIV and hepatitis C infection. It is unlawful for an employer to require an applicant or employee to be tested for HIV or hepatitis C infection unless the absence of HIV or hepatitis C infection is a BFOQ (WA Rev. Code Sec. 49.60.172). For purposes of determining unfair discrimination, actual or perceived HIV or hepatitis C infection is treated in the same manner as a disability (WA Rev. Code Sec. 49.60.174).
Proof of age. Proof of age may be requested once an employee has ...

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