Chapter 8.50
LAW AGAINST DISCRIMINATION
Sections:
8.50.010 Short title – Application.
8.50.020 Remedies nonexclusive – Limitation on city liability – Statute of limitations unaffected.
8.50.030 State law against discrimination – Adopted by reference – Expansion of protection.
8.50.050 Discrimination in contracts prohibited.
8.50.010 Short title – Application.
This chapter shall be entitled “the city of Burien law against discrimination.”
This chapter shall not be applicable to cases wherein a remedy is provided by the state law against discrimination, Chapter 49.04 RCW. The purpose of this chapter is to provide a remedy not already provided at state law for discrimination based on sexual orientation and gender identity in public accommodations, contracts, housing, and employment. Additionally, the state law against discrimination does not currently prohibit discrimination based on race, creed, color, national origin, families with children, sex, sexual orientation, gender identity, marital status, age, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person in contracts and employment when the employer has fewer than eight employees. Accordingly, this chapter provides remedies for discrimination in contracts and employment when the employer has fewer than eight employees. [Ord. 418 § 1, 2004]
8.50.020 Remedies nonexclusive – Limitation on city liability – Statute of limitations unaffected.
(1) The remedies provided herein are not exclusive; nothing in this chapter shall be deemed to deny persons the right to institute any action or to pursue any civil or criminal remedy for the violation of those persons’ rights. Nothing in this chapter shall be deemed to deny persons the right to institute any proceedings under Chapter 49.60 RCW, the state law against discrimination.
(2) Nothing in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the city of Burien, or its officers or agents, for any injury or damage resulting from or by reason of any act or omission in connection with the implementation or enforcement of this chapter on the part of Burien by its officers, employees or agents.
(3) Nothing in this chapter shall be presumed to toll the statute of limitations for any claims under federal or state statute. [Ord. 418 § 1, 2004]
8.50.030 State law against discrimination – Adopted by reference – Expansion of protection.
The following sections of the Washington law against discrimination, as now in effect, and as may subsequently be amended, are adopted by reference as the city of Burien law against discrimination except, that unless the context indicates otherwise, the phrase, “race, creed, color, national origin, families with children, sex, marital status, age, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person” shall be revised to read, “race, creed, color, national origin, families with children, sex, sexual orientation, gender identity, marital status, age, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person”:
RCW
49.60.010 Construction of chapter – Election of other remedies.
49.60.020 Purpose of chapter.
49.60.030 Freedom from discrimination – Declaration of civil rights.
49.60.172 Unfair practices with respect to HIV or hepatitis C infection.
49.60.174 Evaluation of claim of discrimination – Actual or perceived HIV or hepatitis C infection.
49.60.175 Unfair practices of financial institutions.
49.60.176 Unfair practices with respect to credit transactions.
49.60.178 Unfair practices with respect to insurance transactions.
49.60.180 Unfair practices of employers.
49.60.190 Unfair practices of labor unions.
49.60.200 Unfair practices of employment agencies.
49.60.205 Age discrimination – Limitation.
49.60.210 Unfair practices – Discrimination against person opposing unfair practice – Retaliation against whistleblower.
49.60.215 Unfair practices of places of public resort, accommodation, assemblage, amusement.
49.60.220 Unfair practice to aid violation.
49.60.222 Unfair practices with respect to real estate transactions, facilities, or services.
49.60.223 Unfair practice to induce sale or rental of real property by representations regarding entry into neighborhood of persons of particular race, disability, etc.
49.60.2235 Unfair practice to coerce, intimidate, threaten, or interfere regarding secured real estate transaction rights.
49.60.224 Real property contract provisions restricting conveyance, encumbrance, occupancy, or use to persons of particular race, disability, etc., void – Unfair practice.
49.60.400 Discrimination, preferential treatment prohibited.
[Ord. 418 § 1, 2004]
8.50.040 Definitions.
(1) RCW 49.60.040, Definitions, as now in effect, and as may subsequently be amended, is adopted by reference except that RCW 49.60.030(3) shall be amended to read as follows:
“Employer” includes any person acting in the interest of an employer, directly or indirectly, who employs one or more persons, and does not include any religious or sectarian organization not organized for private profit;
(2) “Sexual orientation” means male or female heterosexuality, bisexuality, or homosexuality, and includes a person’s attitudes, preferences, beliefs and practices pertaining to sex.
(3) “Contract” means an agreement to perform a service or provide goods that entails a legally binding obligation and that is performed or intended to be wholly or partly performed within the city of Burien or that includes the city of Burien as a party.
(4) “Gender identity” means a person’s identity, expression, or physical characteristics regarding gender, whether or not traditionally associated with one’s biological sex or one’s sex at birth.
(5) “Business enterprise” means a licensed business organization located in or doing business in the city of Burien or that is required to comply with this chapter by the terms of an agreement with the city of Burien.
(6) “Commercially significant contract” means a contract for the provision of services, including, but not limited to, construction services, consulting services or bonding or other financial services, or the sale of goods that exceeds $5,000.
(7) “Contracting agency” means a person who for compensation engages in recruiting, procuring, referral or placement of contracts with a contractor, and that is doing business in the city of Burien.
(8) “Contractor” means a business enterprise, including, but not limited to, a company, partnership, corporation or other legal entity, excluding real property lessors and lessees, contracting to do business within the city. “Contractor” includes, but is not limited to, a public works contractor, a consultant contractor, a provider of professional services, a service agency, a vendor, and a supplier selling or furnishing materials, equipment, goods or services, but does not include a governmental agency other than the city.
(9) “Trade association” means an association of businesses organizations engaged in similar fields of business that is formed for mutual protection, the interchange of ideas, information and statistics or the maintenance of standards within their industry.
(10) “Discriminate,” “discrimination” and “discriminatory act” mean an action, other than an action taken in accordance with a lawful affirmative action program, or failure to act, whether by itself or as part of a practice, the effect of which is to adversely affect or differentiate between or among individuals or groups of individuals, by reasons of race, color, age, gender, gender identity, marital status, sexual orientation, religion, ancestry, national origin, disability or use of a service or assistive animal by an individual with a disability, unless based upon a bona fide contractual qualification. [Ord. 418 § 1, 2004]
8.50.050 Discrimination in contracts prohibited.
(1) This chapter applies to the city of Burien when the city is acting as a contractor or is awarding a contract; business enterprises having an agreement with the city; and other contractors, subcontractors, suppliers, materialmen, bonding agencies, trade associations, contract agencies and other business entities and parties doing business in the city.
(2) This section shall be liberally construed for accomplishment of its policies and purposes.
(3) It is an unfair contracting practice for:
(a) The city of Burien, a business enterprise doing business in the city or business enterprise required to comply with this chapter by the terms of an agreement with the city, to discriminate against a person with respect to the bid, award or referral of a contract or with respect to the conditions, terms, price, performance standards or other provisions of a contract;
(b) Contracting agency or trade association to discriminate against a person with respect to membership rights and privileges, admission to or participation in a guidance program or other business or occupational training program;
(c) Bonding company to discriminate against a person regarding the terms and conditions under which bonding services are offered or performed;
(d) Contracting agency or trade association to discriminate against a person with respect to a referral of a contract opportunity or assignment of a particular contract;
(e) Contractor, business enterprise, contracting agency or trade association to retaliate against a person because that person has opposed an act of discrimination or because that person has made a charge, testified or assisted in any manner in an investigation, proceeding or hearing initiated under this chapter. [Ord. 418 § 1, 2004]
8.50.060 Enforcement.
(1) If a person believes that he or she is aggrieved by any of the prohibited discriminatory practices set forth in this chapter, that person may file a discrimination complaint with the city of Burien city clerk. For purposes herein, a discrimination complaint shall be completed on a form provided by the city and shall set forth the following:
(a) A general summary of the alleged unfair practice;
(b) Citation to the applicable section(s) of the city’s law against discrimination alleged to have been violated;
(c) The applicable dates and locations of the alleged violation;
(d) A detailed chronology of the nature of the violation; and
(e) The relief sought by the complainant.
(2) Upon receipt of the discrimination complaint, the city clerk shall assign the complaint to a mediator selected by the city clerk. The mediation shall be administered by a mediator under the American Arbitration Association Rules. All fees and expenses for mediation shall be borne by the parties equally. Each party shall, however, bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence.
If the dispute cannot be resolved through mediation, the parties agree to attempt to settle the dispute by arbitration administered by the American Arbitration Association Rules, and in accordance with the applicable provisions of RCW Title 7. The arbitrator may be selected by agreement of the parties. All fees and expenses for arbitration shall be borne by the parties equally. Each party, however shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence. However, upon conclusion of the arbitration, the arbitrator shall have the discretion to award to the substantially prevailing party his or her costs incurred directly related to the arbitration, in addition to any other remedies the arbitrator may impose.
The city shall retain the discretion to appear on behalf of the city in order to enforce the chapter herein. Nothing herein shall operate to compel the city to advocate for either the complainant or the respondent or to compel the attendance of the city at any mediation.
(3) Nothing herein shall operate to prevent a complainant from seeking redress for an alleged violation of this chapter through any other legal or equitable means, including the filing of a complaint in King County Superior Court.
(4) The city council intends with this section to provide remedies for violations of this chapter that are expansive as possible consistent with the powers granted by the constitution and laws of the state of Washington. If any provision of this section or its application to any person or circumstance is held invalid, the remainder of the section or application of the provision to other persons or circumstances is not affected. [Ord. 418 § 1, 2004]