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WA Legislature has small but significant impact on employers during 2020 session

April 2020 employment law letter
Authors: 
Samuel Jackson, Perkins Coie LLP

The best-laid plans of mice and men often go awry. Washington State's 60-day legislative session ended on Thursday, March 12, after the rapid spread of COVID-19 drastically changed the outcome. The Washington Legislature approved using $200 million in state budget reserves to fund its response to the virus, significantly cut the spending it had originally proposed for the state's supplemental operating budget, and passed some notable legislation for employers along the way. Overall, this year's legislative session had less impact on employers than some recent years, but the legislature still made significant changes to employment laws in Washington that every employer should know.

Washington Law Against Discrimination changes

First, the legislature passed several amendments to the Washington Law Against Discrimination (WLAD), including amendments prohibiting employers from discriminating against individuals based on their hair, citizenship, or immigration status.

Protective hairstyles. The legislature passed House Bill (HB) 2602 amending the definition of “race” under the WLAD to include any “traits historically associated or perceived to be associated with race, including . . . hair texture and protective hairstyles” including, but not limited to, hairstyles such as “afros, braids, locks, and twists.”

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