SB 5877 — Addressing antidiscrimination policies in institutions of higher education.

S-4162.1S-3511.1 SUBSTITUTE SENATE BILL 5877 State of Washington 67th Legislature 2022 Regular Session By Senate Law & Justice (originally sponsored by Senators Conway, Lovick, Nguyen, Saldaña, and C.

Wilson)Wilson READRead FIRSTfirst TIMEtime 02/03/22.01/17/22.

Referred to Committee on Law & Justice.

1 SSBSB 5877 (i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems:

2 SSBSB 5877 (b) Any other university, college, school, or institute in the state of Washington offering instruction beyond the high school level that is a member institution of an accrediting association recognized by rule of the council for the purposes of this section and that agrees to and complies with program rules adopted pursuant to RCW 28B.92.150 and section 2 of this act.

3 SSBSB 5877 $3,694 and may increase each year afterwards by no more than the tuition growth factor.

4 SSBSB 5877 (14) "Service animal" means any dog or miniature horse, as discussed in RCW 49.60.214, that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

5 SSBSB 5877 (b) Sign an affidavit affirming that the institution's policies and practices are in compliance with the following provisions:

(i) The institution prohibits discrimination on the basis of race, creed, color, national origin, citizenship or immigration status, sex, marital status, age, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability;

No student shall be excluded from participation in an education program or activity, denied the benefits of an education program or activity, or subjected to discrimination on the basis of that student's age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide qualification of the educational program;

(A) Refuse to hire, promote, or confer tenure to any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification.

(B) Discharge or bar any person from employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability;

(C) Discriminate against any person in compensation or in other terms or conditions of employment because of age, sex, marital p.

6 SSBSB 5877 (C) Discriminate against any person in compensation or in other terms or conditions of employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.

(D) Print, or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification.

(4) Institutions of higher education that have signed the affidavit under subsection (1)(b) of this section but are determined to have engaged in an unfair practice as provided under this section, p.

7 SSBSB 5877 (4) Institutions of higher education that have signed the affidavit under subsection (1)(b) of this section but are determined to have engaged in an unfair practice as provided under this section, are eligible for maximum grants as defined in RCW 28B.92.030(9)(h) for a period of four years from the beginning of the academic year immediately following the date of the decision.

(6) The attorney general may enforcebring an action in the name of the state, against any institution of higher education, to restrain and prevent the doing of any act or practice prohibited by this chapter.section.

(6) The attorney general'sgeneral powersshall toinvestigate complaints and enforce this chaptersection, includeincluding theby authorityconference to:and conciliation.

(a)In Investigateaddition violationsto the complaint process with the attorney general, any person believed to be injured by a violation of this chaptersection onhas itsa owncivil initiative;cause of action in court to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit and reasonable attorneys' fees or any other appropriate remedy authorized by state or federal law.

(b) Investigate violations of this chapter in response to complaints;

(c) Bring a civil cause of action in superior court to enjoin further violations, recover actual damages sustained by any person or entity, recover the cost of the suit including reasonable attorneys' fees, and pursue any other appropriate remedy authorized by state or federal law.

(7) Any person believed to be injured by a violation of this section has a civil cause of action in court to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of the suit including reasonable attorneys' fees or any other appropriate remedy authorized by state or federal law.

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