SNOHOMISH COUNTY COUNCIL

Snohomish County, Washington

ORDINANCE NO. 08-_____

ESTABLISHING THE SNOHOMISH COUNTY OFFICE OF HUMAN RIGHTS AND

PROHIBITING DISCRIMINATION IN EMPLOYMENT, CREDIT TRANSACTIONS,

PUBLIC ACCOMODATIONS, HOUSING, COUNTY PROGRAMS, AND CONTRACTING

WHEREAS, in the Law against Discrimination, Chapter 49.60 RCW, the State of Washington declared that practices of discrimination against any of its inhabitants because of race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, 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 are a matter of state concern, threaten proper rights and privileges, and menace the institution and foundations of a free democratic state; and

WHEREAS, in Chapter 3.57 SCC, Snohomish County declared its policy to provide equal employment opportunity to all its employees and applicants for employment, and to assure that there is no discrimination against any person on the basis of his or her race, color, sex, religion, marital status, national origin, age, sexual orientation, citizenship, veteran status, or the presence of any sensory, mental, or physical disability in accordance with state and federal laws; and

WHEREAS, in Chapter 3.57 SCC, the County further declared that Snohomish County will carry out applicable federal, state, and local laws relating to equal employment opportunity and affirmative action; and

WHEREAS, this Ordinance is designed to protect all people who live and work in uinincorporated Snohomish County and other consenting municipalities located in the County from discrimination and sexual harassment in employment, public accommodations, housing, credit transactions, County services and contracting; and

WHEREAS, recognizing the need to combat the effects of bias and bigotry, by this ordinance to be known as the "Snohomish County Human Rights Ordinance" the County declares its rejection of unlawful discrimination beyond the employment context, affords additional protection against certain forms of discrimination, and establishes an Office of Human Rights served by an Office of Human Rights Board of Commissioners to enforce the Snohomish County Human Rights Ordinance, in a manner consistent with existing budget constraints and the County Charter; and

WHEREAS, Snohomish County desires an Office of Human Rights (OHR) to be facilitated by an Executive Director and staff to investigate and conciliate complaints of discrimination, and an Office of Human Rights Board of Commissioners (Board) to further anti-discrimination work with recommendations to OHR and the County, assist with training and educational programs designed to prevent discrimination before it occurs, and outreach to promote better relations among the County’s diverse racial, ethnic, religious, cultural and social groups; and

NOW, THEREFORE, BE IT ORDAINED:

Section 1. A new chapter is added to Title 2 of the Snohomish County Code to read:

Chapter 2.460

2.460.010 Statement of policy.

2.460.020 Creation: Office of Human Rights– Office of Human Rights Board of Commissioners – Executive Director

2.460.030 Powers and Duties of the Office of Human Rights

2.460.040 Powers and duties of the Office of Human Rights Board of Commissioners

2.460.050 Freedom from Improper Influence

2.460.060 Conflict of Interest

2.460.070 Appointment to the Board - Qualifications - Terms.

2.460.080 Definitions.

2.460.090 Employment.

2.460.100 Credit Transactions.

2.460.110 Public Accommodations.

2.460.120 Housing.

2.460.130 County Facilities, Services, and Programs.

2.460.140 Contracts.

2.460.150 Additional Civil Rights Violations.

2.460.160 Enforcement.

2.460.170 Applicability and Jurisdiction.

Prejudice, intolerance, bigotry, and discrimination occasioned thereby threaten the rights and privileges of the County's inhabitants and menace the institutions and foundation of a free and democratic society. It is the policy of Snohomish County (the "County") to reject unlawful discrimination and behavior which denies equal treatment to any individual because of his or her race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, 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. Such unlawful discrimination undermines civil order and economic prosperity, and deprives individuals of the benefits of a free and open society. In order to create a free and open society, it is necessary to provide the protections set forth herein on a county-wide basis.

This Ordinance is adopted and codified to assure that individuals within unincorporated Snohomish County, and municipalities within the County that consent to jurisdiction of the County by ordinance or agreement, are protected in the enjoyment of civil rights, and to promote mutual understanding and respect among all who live and work within this County. The provisions of this Ordinance shall be liberally construed to accomplish its purposeNothing in this Ordinance shall be construed to limit rights granted under the laws of the State of Washington or the United States. This Ordinance shall be known and may be cited as the "Snohomish County Human Rights Ordinance."

Pursuant to those powers inherent in a home rule charter county, there is hereby created the Office on Human Rights (OHR) facilitated by an Office of Human Rights Board of Commissioners (the Board), which shall advise the County Executive with regard to alleged violations of this Ordinance and on matters to further the purpose of this chapter in accordance with a phased implementation as described herein. In the first year following enactment, a 7 person Board shall be confirmed by the County Council with the authority as set forth herein. In the second year of implementation, an Executive Director of OHR with responsibility for the day-to-day business of the Board, shall be proposed by the Board to the County Executive for nomination to the County Council. The Council shall determine confirmation pursuant to County Charter Section 2.20. The OHR and Board shall have such additional powers and duties set forth herein and as reasonably flow from their responsibilities, which are consistent with the County charter and County code.

Administering the enforcement provided in this chapter, OHR shall work to ensure equal access to housing, employment, public accommodations, credit transactions, and contracting and eliminating illegal discrimination by receiving and investigating discrimination complaints, and attempting to conciliate findings of unfair discrimination according to the rules established by the Commission.

(1) Rule making. The Board shall advise the County Executive regarding the rules. The rules making shall including the procedural time requirements for processing complaints, including, but not limited to: alleging an unfair practice with respect to real estate transactions pursuant to SCC 2.460.130 (1) through (4), and which may be consistent with the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.), but which in no case shall exceed or be more restrictive than the requirements or standards of such act; claim handling fees if necessary; under what circumstances investigation of a complaint may be deferred; rules for determining objections to any subpoenas and prescribing any other requirements for subpoenas; rules specifying what may be considered in determining whether to grant or deny a request to proceed to court; and, rules to govern, expedite, and effect the purposes of this Ordinance.

(2) Additional Powers and Duties. The Board shall have such additional powers and duties as reasonably flow from its responsibilities, which are consistent with the County charter and code, the implementation of which shall be expeditiously phased in and include but not be limited to:

(a) Advising and consulting with the County’s Executive, Council, officials, departments, and agencies on assuring and improving the equality of services to all citizens and, in all matters involving discrimination and sexual harassment, recommending such legislative action as it may deem appropriate to effectuate the policy of this chapter.

(b) Advising and consulting with the Snohomish County EEO, Department of Human Resources and other County departments on the development and implementation of programs to train County employees in methods of dealing with intergroup relations, in order to develop respect for equal rights and to achieve equality of treatment regardless of race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, 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) Seeking grants, the acceptance of which the Council must approve, and conducting research, public forums, and educational programs on tensions between various groups within society, or practices of unlawful discrimination; conducting public hearings to ascertain the status and treatment of various racial, ethnic, religious, cultural, and social groups within society, means of alleviating discrimination and bias, and means of improving human relations within the County; and issuing such publications as may assist in the performance of its function.

(d) Rendering an annual report of the activities of the Commission with recommendations to the County Executive and the County Council. The report shall be prepared and published by the Executive Director.

(e) Upon approval of the Snohomish County Council, the Executive Director may enter into a written agreement with any political subdivision, municipal agency, or municipal government within the County, or any state or federal agency, whereby the County and such entity may agree to jointly process, transfer, or refer from one to the other for processing and investigation an individual's complaint alleging unlawful discrimination, sexual harassment, or other civil rights violation.

   1. General Prohibition. No person, including county officials, elected or appointed, shall attempt to influence OHR staff or a Commissioner in any pending enforcement matter, except at a public hearing duly called for such purpose, nor shall any person interfere with any person hired or working voluntarily for the OHR or a Commissioner to assist in the performance of the official duties in any way; PROVIDED, That this section shall not prohibit the County Prosecuting Attorney from rendering legal services to the OHR and Board upon request. PROVIDED FURTHER, that nothing in this section shall prohibit the County Council from locating the offices of the OHR and Board with another county office including, but not limited to, the board of equalization, boundary review board or hearing examiner for purposes of providing staff, clerks or other support to the Commission.

2. Dealing with parties. No OHR staff or Commissioner who has duties with respect to a complaint pending before OHR shall deal in any way with the complainant or respondent, on a business or personal basis, except for routine transactions done on the same basis as other members of the public transact business with the party. The staff may continue to deal privately with a public utility or continue to shop at a party's store, if the staff or Commissioner deals with appropriate customer service representatives or salespersons and does not identify his or her official position or mix official business into the transaction. In circumstances unlike these, staff or Commissioner shall either not deal with parties or shall report the matter to the Executive Director, who shall relieve the staff of responsibility for the case. Commissioners who have nonroutine dealings with parties shall abstain from voting or other action on the matter.

  3. Accepting things of value. No OHR staff or Commissioner shall accept anything of economic value from a party to a complaint before OHR, or from any other person who is dealing with OHR. Permitting another person to pay for an lunch of staff or a Commissioner is within the prohibition of this paragraph, but accepting a cup of coffee under normal office hospitality is not. If the coffee is ordered in a restaurant the prohibition of this section applies.

No OHR staff or Commissioner shall conduct or participate in any investigation, hearing, matter, decision or recommendation in which the commissioner or OHR staff has a direct or indirect personal interest or involvement, substantial financial interest or familial interest or concerning which the commissioner has had substantial contacts with proponents or opponents prior to the hearing, matter, decision or recommendation.

(1) Appointment. At the beginning of implementation of this Ordinance, the Snohomish County Council ("Council") shall appoint five Board Commissioners to the Board: one each to be appointed by each councilmember at the completion of the serving constituent commissioner’s term who is serving from their district. In addition, one member each shall be appointed by the Sheriff and County Executive of Snohomish County, which may include classified staff from the departments of the appointing authority, subject to confirmation by the Council. In appointing and confirming the Commissioners, the Council shall take into account the diversity of communities and conditions protected by this chapter and shall seek the input of affected communities.

(2) Vacancies on the Board. In the event of a resignation, the Sheriff, County Executive, or the councilperson whose district the resigning Commissioner is from shall appoint a replacement to fill the unexpired term of the departing Commissioner, consistent with the procedures required above. After completion of the unexpired term the Councilperson shall appoint a Commissioner for the new term using the normal appointment process.

(3) Qualifications. Each Commissioner shall satisfy the following:

(a) Reside within the corporate boundaries of Snohomish County;

(b) Not be an employee of the County during his or her term; with the exception of the Sheriff and County Executive appointment; and

(c) Serve without compensation, but may be reimbursed for reasonable expenses incurred in the performance of Board duties subject to appropriation.

(4) Terms. To establish the Commission, terms of service will be as follows: three of the initial appointees shall be appointed for term expiring on July 1 of the year following their appointment, two shall be appointed for term expiring on July 1 of the second year following their appointment, and two shall be appointed for terms ending on July 1 of the third year following their appointment. Thereafter, members shall be appointed for three-year terms.

(5) Organization of the Board. At its first meeting after July 1^st of each year, the Board shall elect from its membership a Chairperson and a Vice Chairperson. The Chairperson shall preside at all meetings and hearings of the Board. In the absence of the Chairperson, the Vice Chairperson shall preside.

A majority of the members of the Commission shall constitute a quorum for the purpose of transacting business.

(6) Removal. The Council may remove any member of the Board or the Executive Director for incompetence, substantial neglect of duty, gross misconduct, malfeasance in office, or violation of any law, after written notice, stating with particularity the grounds for removal and providing an opportunity for the member to respond.

Whenever used in this Ordinance, unless otherwise defined herein:

(1) "Age" means chronological age of not less than 40 years.

(2) "Aggrieved person" means any person who: (a) Claims to have been injured by an unfair practice in a real estate transaction; or (b) believes that he or she will be injured by an unfair practice in a real estate transaction that is about to occur.

(3) "Complainant" means the person who files a complaint or amended complaint of an unlawful discriminatory practice to OHR, including in a real estate transaction.

(4) "Credit transaction" includes any open or closed end credit transaction, whether in the nature of a loan, retail installment transaction, credit card issue or charge, or otherwise, and whether for personal or for business purposes, in which a service, finance, or interest charge is imposed, or which provides for repayment in scheduled payments, when such credit is extended in the regular course of any trade or commerce, including but not limited to transactions by banks, savings and loan associations or other financial lending institutions of whatever nature, stock brokers, or by a merchant or mercantile establishment which as part of its ordinary business permits or provides that payment for purchases of property or service therefrom may be deferred.

(5) "Dwelling" means any building, structure, or portion thereof that is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land that is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

(6) "Disability" means:

(a) The presence of a sensory, mental, or physical impairment that:
    

(i) Is medically cognizable or diagnosable; or
     (ii) Exists as a record or history; or
     (iii) Is perceived to exist whether or not it exists in fact.

(b) A disability exists whether it is temporary or permanent, common or uncommon, mitigated or unmitigated, or whether or not it limits the ability to work generally or work at a particular job or whether or not it limits any other activity within the scope of this chapter.

(c) For purposes of this definition, "impairment" includes, but is not limited to the following:

     (i) Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitor-urinary, hemic and lymphatic, skin, and endocrine; or

     (ii) Any mental, developmental, traumatic, or psychological disorder, including but not limited to cognitive limitation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

     (d) Only for the purposes of qualifying for reasonable accommodation in employment, an impairment must be known or shown through an interactive process to exist in fact and :

     (i) The impairment must have a substantially limiting effect upon the individual's ability to perform his or her job, the individual's ability to apply or be considered for a job, or the individual's access to equal benefits, privileges, or terms or conditions of employment; or

     (ii) The employee must have put the employer on notice of the existence of an impairment, and medical documentation must establish a reasonable likelihood that engaging in job functions without an accommodation would aggravate the impairment to the extent that it would create a substantially limiting effect.

     (e) For purposes of (d) of this subsection, a limitation is not substantial if it has only a trivial effect.

(7) "Employee" means an individual engaged in paid employment for an employer; or a trainee or apprentice or an applicant for employment. An employee does not include any individual employed by his or her parents, spouse, or child.

(8) "Employer" includes any person acting in the interest of an employer, directly or indirectly, who employs another, and does not include any religious or sectarian organization not organized for private profit. "Employer" does not include:

(i) The government of the United States or a corporation wholly owned by the government of the United States;

(ii) An Indian tribe or a corporation wholly owned by an Indian tribe;

(iii) The government of the State of Washington or any agency or department thereof, or

(iv) The government of any municipality in Snohomish, unless the municipality has consented to jurisdiction by ordinance or agreement with the County.

(9) "Employment" means the performance of services for an employer (a) for remuneration; or (b) as a participant in a training or apprenticeship program.

(10) "Employment agency" includes any person undertaking with or without compensation to recruit, procure, refer, or place employees for an employer.

(11) "Families with children status" means one or more individuals who have not attained the age of eighteen years being domiciled with a parent or another person having legal custody of such individual or individuals, or with the designee of such parent or other person having such legal custody, with the written permission of such parent or other person. Families with children status also applies to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen years.

     (12) "Gender identity" means the actual or perceived appearance, expression, identity, or behavior of a person as being male or female, whether or not that appearance, expression, identity or behavior is different from that traditionally associated with the person’s designated sex at birth.

(13) "Housing status" means the type of housing in which an individual resides, whether publicly or privately owned; an individual's ownership status with respect to the individual's residence; or the status of having or not having a fixed residence.

(14) "Labor organization" includes any organization, labor union, or craft union, or any voluntary incorporated association designed to further the cause of the rights of union labor, which is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with an employer concerning grievances, terms or conditions of employment, or apprenticeships or applications for apprenticeships, or of other mutual aid or protection in connection with employment, including apprenticeships or applications for apprenticeships.

(15) "Marital status" means the status of being single, married, divorced, separated, widowed or party to a registered domestic partnership.

(16) "Honorably discharged veteran or military status" means a person who is:
     (a) A veteran, as defined in RCW 41.04.007; or

     (b) An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves. 

(17) "National origin" means the place in which an individual or one of his or her ancestors was born and includes "ancestry."

(18) "Parental status" means the status of living with one or more dependent minors or disabled children.

(19) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees and receivers, or any group of persons; it includes any owner, lessee, lessor, sublessor, assignor proprietor, manager, agent, or employee, whether one or more natural persons; and further includes any political or civil subdivisions of the state and any agency or instrumentality of the state or of any political or civil subdivision thereof.

(20 "Premises" means the interior or exterior spaces, parts, components, or elements of a building, including individual dwelling units and the public and common use areas of a building.

(21) "Public accommodation" means any place of public resort, accommodation, assemblage, or amusement" includes, but is not limited to, any place, licensed or unlicensed, kept for gain, hire, or reward, or where charges are made for admission, service, occupancy, or use of any property or facilities, whether conducted for the entertainment, housing, or lodging of transient guests, or for the benefit, use, or accommodation of those seeking health, recreation, or rest, or for the burial or other disposition of human remains, or for the sale of goods, merchandise, services, or personal property, or for the rendering of personal services, or for public conveyance or transportation on land, water, or in the air, including the stations and terminals thereof and the garaging of vehicles, or where food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports, or recreation of any kind is offered with or without charge, or where medical service or care is made available, or where the public gathers, congregates, or assembles for amusement, recreation, or public purposes, or public halls, public elevators, and public washrooms of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants, or any public library or educational institution, or schools of special instruction, or nursery schools, or day care centers or children's camps: PROVIDED, That nothing contained in this definition shall be construed to include or apply to any institute, bona fide club, or place of accommodation, which is by its nature distinctly private, including fraternal organizations, though where public use is permitted that use shall be covered by this chapter; nor shall anything contained in this definition apply to any educational facility, columbarium, crematory, mausoleum, or cemetery operated or maintained by a bona fide religious or sectarian institution

(22) "Religion" means all aspects of religious observance and practice, as well as belief, or the actual identification with or perceived identification with a religion.

(23) "Real estate transaction" means the sale, exchange, rental, occupancy, lease, sublease, or lease renewal of real property for residential purposes in Snohomish County or the provision of services or utilities in connection with such sale, exchange, rental, occupancy, lease, sublease, or lease renewal. "Real estate transaction" also means with respect to activity conducted or property located in Snohomish County, the brokering or appraising of residential real property in Snohomish County and the making, purchasing, or guaranteeing of loans or mortgages or providing any other financial assistance either (a) for purchasing, constructing, improving, repairing, or maintaining a dwelling, or (b) secured by residential real property.

(24) "Real property" includes buildings, structures, dwellings, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein.

(25) "Respondent" means any person accused in a complaint or amended complaint to OHR of an unlawful discriminatory practice, including in a real estate transaction.

(26) "Sexual orientation" means the status or expression, whether actual or perceived, of heterosexuality, homosexuality, or bisexuality.

(27) "Source of income" means the lawful manner by which an individual supports himself or herself and his or her dependents.

(28) "Unlawful discrimination" means discrimination against a person because of the actual or perceived status, practice, or expression of that person's race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, 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 .

(1) Coverage. The prohibitions against unlawful discrimination contained in this section apply to employment that is or would be in whole or in part in Snohomish County; or when the act of unlawful discrimination takes place in Snohomish County.

(2) Prohibited Acts - Employment.

(a) No employer or employment agency shall directly or indirectly discriminate against any individual in hiring, classification, grading, recruitment, discharge, discipline, compensation, selection for training and apprenticeship, or other term, privilege, or condition of employment on the basis of unlawful discrimination.

(b) Labor Organizations. No labor organization shall limit, segregate, or classify its membership, or limit employment opportunities, selection, and training for apprenticeship in any trade or craft, or otherwise take, or fail to take, any action which affects adversely any individual's status as an employee, or as an apprentice, or as an applicant for apprenticeships, or wages, tenure, hours of employment, or apprenticeship conditions, on the basis of unlawful discrimination.

(3) Exceptions. The prohibitions contained in this section shall not apply to any of the following:

(a) BFOQ. Hiring or selecting between individuals for bona fide occupational qualifications. The BFOQ exception should be applied narrowly to jobs for which a particular quality of protected status will be essential to or will contribute to the accomplishment of the purposes of the job.

(b) Veteran or Military Discharge Status. Use of an individual's unfavorable discharge from military service as a valid employment criterion:

(i) Authorized by federal law or regulation; or

(ii) Where the affected position of employment involves the exercise of fiduciary responsibilities and the reasons for the unfavorable discharge relate to his or her fiduciary capacity; or

(iii) Where the reasons for the unfavorable discharge specifically relate to criteria which constitute a bona fide occupational qualification for a particular job.

(c) Veterans. Giving preferential treatment to veterans and their relatives as required by federal or state law or regulation.

(d) Religion. Giving preference in employment by a religious corporation, association, educational institution, or society to individuals of a particular religion to help carry out the religious activities of such corporation, association, educational institution or society. This exception does not include those portions of operations that would otherwise be considered a public accommodation or accepts a fee for services from persons other than the membership of the designated religious corporation, association, educational institution or society.

(4) Prohibited Acts - Religious Accommodation.

(a) No employer shall refuse to make all reasonable efforts to accommodate the religious beliefs, observances, and practices of employees or prospective employees unless the employer demonstrates that he or she is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.

(b) Reasonable efforts to accommodate include, but are not limited to, allowing an employee the following:

(i) To take a day of paid leave or vacation, where applicable under the employee’s employment agreement consistent with the operational needs of the employer's business; or

(ii) To be excused from work without pay and without discipline or other penalty consistent with the operational needs of the employer's business; or

(iii) To elect to take the day off with pay in order to practice the employee’s religious beliefs, and to make up the lost work time at a time and date consistent with the operational needs of the employer's business. Any employee who elects such deferred work shall be compensated at his or her regular rate of pay, regardless of the time and date at which the work is made up.

The employer may require that any employee who plans to exercise options (i), (ii) or (iii) of this paragraph provide the employer with notice of the employee’s intention to do so, no less than fourteen calendar five days prior to the date of absence.

(5) Prohibited Acts - Sexual Harassment. No employer, employee, agent of an employer, employment agency, or labor organization (hereinafter referred to collectively in this section as "employer") shall engage in sexual harassment. "Sexual harassment" means any unwelcome sexual advance, request for sexual favors, and other verbal or physical conduct of a sexual nature when the following circumstance is present:

(a) Submission to such conduct is an explicit or implicit term or condition of an individual’s employment; or

(b) Submission to or rejection of such conduct by an individual is used as the basis for any employment decision affecting the individual; or

(c) Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. An employer is responsible for acts of sexual harassment between co-employees in the workplace where the employer (or its agents or supervisory employees) knew or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action. An employer may also be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory employees) knew or should have known of the conduct and failed to take immediate and appropriate corrective action.

(1) Prohibited Acts.. No person shall discriminate in Snohomish County against any individual in any aspect of a credit transaction or in any term or condition of bonding on the basis of unlawful discrimination.

(2) Sexual Harassment. No person shall engage in sexual harassment in Snohomish County in any aspect of a credit transaction or in any term or condition of bonding. "Sexual harassment" means any unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct of a sexual nature in the following circumstance:

(a) Submission to such conduct is an explicit or implicit term or condition of an individual's credit transaction or of bonding; or

(b) Submission to or rejection of such conduct by an individual is used as the basis or any credit or bonding decision affecting the individual; or

(c) Such conduct has the purpose or effect of substantially interfering with an individual's access to credit or bonding or creating an intimidating, hostile, or offensive environment in any aspect of bonding or in any aspect of a credit transaction.

(1) Prohibited Acts. No person that owns, leases, rents, operates, manages, or in any manner controls a public accommodation in Snohomish County shall withhold, deny, curtail, limit, or discriminate concerning the full use of such public accommodation by any individual on the basis of unlawful discrimination.

(2) Exceptions.

(a) The prohibition contained in this section shall not apply to sex discrimination in any of the following:

(i) Distinctly Private Facility. Any facility that is distinctly private in nature, such as rest rooms, shower rooms, bath houses, dressing rooms, or health clubs.

(ii) Sleeping Rooms. Any facility that restricts rental of residential or sleeping rooms to individuals of one sex.

(iii) Educational Institutions. Any educational institution that restricts enrollment of students to individuals of one sex.

(b) For the purposes of the exceptions set forth in this section, the determination of an individual’s sex or gender shall be based upon the sex or gender of that individual as reflected on any official identification of that individual recognized by the State of Washington, including a driver’s license or state identification card.

(d) Notwithstanding anything to the contrary contained herein, nothing contained in this section shall require any person who does not participate in the federal Section 8 housing assistance program (42 U.S.C 1437(f) to accept any subsidy, payment assistance, voucher, or contribution under or in connection with such program or to lease or rent to any tenant or prospective tenant who is relying on such a subsidy, payment assistance, contribution, or voucher for payment of part of the rent for such place of accommodation.

(3) Sexual Harassment. No person who is, owns, leases, rents, operates, manages, or in any manner controls a public accommodation shall engage in sexual harassment affecting access to, participation in, or the full use of such public accommodation. "Sexual harassment" means any unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct of a sexual nature when the following is present:

(a) Submission to such conduct is an explicit or implicit term or condition of an individual's access to, participation in, or full use of a public accommodation; or

(b) Submission to or rejection of such conduct by an individual is used as the basis for any decision affecting the individual's access to, participation in, or full use of a public accommodation; or

(c) Such conduct has the purpose or effect of substantially interfering with an individual's access to, participation in, or full use of any public accommodation or creating an intimidating, hostile, or offensive environment with respect thereto.

(1) Whenever used in this section, the following definition applies:

"Person" shall mean any person as defined in section 2.460.080 that is also an owner, lessor, sublessor, assignor, managing agent, or other individual, firm, or corporation having the right to sell, rent, lease, or sublease any housing unit within Snohomish County, or any agent, broker, or other individual working on behalf of any such individual, firm, or corporation.

(2) Prohibitions.

(a) Terms and Conditions. No person shall make any distinction, discrimination, or restriction in the price, terms, conditions, or privileges of any real estate transaction, including the decision to engage in or renew any real estate transaction, on the basis of unlawful discrimination.

(b) Discriminatory Communications. No person shall publish, circulate, issue, or display, or cause to be published, circulated, issued, or displayed, any communication, notice, advertisement, sign or other writing of any kind relating to a real estate transaction which will indicate or express any unlawful limitation or discrimination on the basis of unlawful discrimination.

(c) Listings. No person shall deliberately and knowingly refuse examination of any listing of residential real property within Snohomish County to any individual because of unlawful discrimination.

(d) Representations. No person shall deliberately and knowingly represent to an individual that residential real property is not available for inspection, sale, rental, or lease in Snohomish County when in fact it is available, or fail to bring a residential real estate listing in Snohomish County to an individual's attention, or refuse to permit a person to inspect residential real property in Snohomish County because of unlawful discrimination.

(e) Blockbusting. No person shall solicit, for sale, lease, or listing for sale or lease, residential real property within Snohomish County on the grounds of loss of value due to the present or prospective entry into any neighborhood of any individual or individuals of any particular race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, 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.

(f) Encouragement of Blockbusting. No person shall distribute or cause to be distributed written material or statements designed to induce any owner of residential real property in Snohomish County to sell or lease his, her, or its property because of any prospective change in the race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, 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.

(g) Creating Alarm. No person shall intentionally create alarm among residents of any community within Snohomish County by transmitting communication in any manner, including a telephone call whether or not conversation thereby ensues, with a design to induce any person within Snohomish County to sell or lease his or her residential real property within Snohomish County because of the present or prospective entry into the vicinity of the property of any individual or individuals of any particular race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, 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.

(3) Exceptions. The prohibitions in this section shall not apply to any of the following:

(a) Age. Restricting rental or sale of a housing accommodation to an individual of a certain age group in the following circumstance:

(i) When such housing accommodation is authorized, approved, financed, or subsidized in whole or in part for the benefit of that age group by a unit of state, local, or federal government; or

(ii) When the duly recorded initial declaration of a condominium or community association limits such housing accommodations to individuals 50 years of age or older, provided that an individual or members of the household of an individual owning or renting a unit in such housing accommodation prior to the recording of the initial declaration shall not be deemed to be in violation of the age restriction as long as the individual or household member continues to own or reside in the housing accommodation.

(b) Religion. Limitation by a religious organization, association, or society, or any not-for-profit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, of the sale, rental, or occupancy of a dwelling which it owns or operates for other than a commercial purpose to individuals of the same religion, or from giving preference to such individuals. This exception does not include those portions of operations that would otherwise, if not for this exception, be considered a public accommodation or accept a fee for services from persons other than the membership of the designated religious corporation, association, educational institution or society.

(c) Single Sex. Restricting the rental of rooms in a housing accommodation to individuals of one sex. The determination of an individual’s sex or gender shall be based upon the sex or gender of that individual as reflected on any official identification of that individual recognized by the State of Washington, including a driver’s license or state identification card.

(d) Private Rooms. Rental of a room or rooms in a private home by an owner if he or she or a member of his or her family resides therein or, while absent for a period of not more than twelve months, if he or she or a member of his or her family intends to return to reside therein.

(e) Notwithstanding anything to the contrary contained in this chapter, nothing contained in this section shall require any person who does not participate in the federal Section 8 housing assistance program (42 U.S.C 1437f) to accept any subsidy, payment assistance, voucher, or contribution under or in connection with such program or to lease or rent to any tenant or prospective tenant who is relying on such a subsidy, payment assistance, contribution, or voucher for payment of part of the rent for such housing accommodation.

4. Sexual Harassment. No person shall engage in sexual harassment in any real estate transaction. "Sexual harassment" means any unwelcome sexual advance, request for sexual favors, or conduct of a sexual nature when the following is present:

(a) Submission to such conduct is an explicit or implicit term or condition of an individual's real estate transaction; or

(b) Submission to or rejection of such conduct by an individual is used as the basis for any decision affecting the individual's real estate transaction; or

(c) Such conduct has the purpose or effect of substantially interfering with an individual's real estate transaction or creating an intimidating, hostile, or offensive environment with respect thereto.

(1) Prohibition. No person shall engage in unlawful discrimination in the provision or distribution of any Snohomish County ("County") facilities, services, or programs.

(2) Sexual Harassment. No person shall engage in sexual harassment in the provision or distribution of any County facilities, services, or programs. "Sexual harassment" means any unwelcome sexual advance, request for sexual favors, or conduct of a sexual nature in the following circumstance:

(a) Submission to such conduct is an explicit or implicit term or condition of an individual's use of County facilities, or the provision of County services or programs; or

(b) Submission to or rejection of such conduct by an individual is used as the basis for any decision affecting the provision or allocation of County services or programs, or the use of County facilities; or

(c) Such conduct has the purpose or effect of substantially interfering with an individual's access to County services, programs, or facilities, or the conduct creates an intimidating, hostile, or offensive environment for the provision of County services or programs, or in the use of County facilities.

(1) Prohibited Acts. No person who is a party to a contract with the County shall engage in unlawful discrimination or sexual harassment within Snohomish County against any individual in the terms or conditions of employment, credit, public accommodations, housing, or provision of County facilities, services or programs. "Sexual harassment" has such meaning as is ascribed to it in other articles of this Ordinance.

(2) Contract Provisions. The purchasing agent for the County, and all other department heads, as authorized, shall include a provision in all County contracts that sets forth the County's policies with respect to unlawful discrimination and sexual harassment, as embodied in this Ordinance, and that requires every contractor to certify its compliance within Snohomish County with these policies and its agreement to abide by such policies as a part of the contractor's contractual obligations. All County contracts shall further provide that if any party to a contract with the County is found to have violated any provision of this Ordinance, or furnished false or misleading information in any investigation, hearing, or inquiry held pursuant to this Ordinance, that contract may be subject to a declaration of default and termination.

(3) Exception. This section applies only to contracts executed after the effective date of this Ordinance.

(1) Retaliation. No person shall retaliate against any person because that person in good faith has opposed that which he or she reasonably believed to be unlawful discrimination, sexual harassment, or other violation of this chapter or has made a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this chapter.

(2) Aiding and Abetting. No person shall aid, abet, compel, or coerce a person to commit a violation under this chapter.

(3) Interference. No person shall willfully interfere with the performance of a duty or the exercise of a power by the Commission or one of its members or staff.

(1) Implementation of Complaint Process. The complaint process as set forth in this section shall be phased in as follows, in order to accommodate budget and rulemaking requirements:

(a) During the first phase, following confirmation of the Commissioners in the first year, and prior to approval by the Council of budgeted or voluntary enforcement staff for phase 2, written complaints may be filed with the Board in accordance with the Complaint Process Procedure in subsection (2) (a) and (b) herein, however the Commission will refer the complaints to the Washington State Human Rights Commission to be handled and investigated in accordance with Chapter 49.60, RCW.

(b) In phase 2 the complaints will handled entirely by OHR according to the enforcement procedures beginning in subsections (2) (a) herein. In employing the investigative and enforcement powers, the OHR shall act under the supervision of the Executive Director in accordance with the County Charter Sections 3.10 and 3.20.

(c) All decisions to investigate complaints or enforce this ordinance shall lie with the Executive Director of the OHR; provided that nothing in this ordinance shall prevent the Board from reviewing complaints and making recommendations to the Executive Director.

(2) Complaint Process Procedure.

(a) Within 180 days after the date that a violation of this Ordinance is alleged to have been committed, a written complaint may be filed with the Board. A written complaint may be filed by a person, the "complainant," alleging an injury has occurred by a violation of this Ordinance, or a complaint may be issued by the Board. For any continuing violation, the complaint may be filed within 180 days after the last day of the violation.

(b) The complaint shall be in such detail as to substantially apprise any party properly concerned as to the time, place, and facts surrounding the alleged violation. The Executive Director of OHR may reject without prejudice and without investigation any complaint that fails to set forth sufficient evidence to state a prima facie case of a violation of this Ordinance.

(c) The OHR shall serve a copy of the complaint on the party against whom it is made, the "respondent," within 10 days after it is filed with the OHR The OHR’s failure to meet this or any other deadline shall not prejudice the complainant.

(d) Both the complainant or the respondent may be represented by counsel at any stage of conciliation, investigation, or hearing on the complaint.

(3) Investigation Process, Findings, Conference, Conciliation, Agreement — Rules.

(a) After the implementation of phase 2, upon the filing of any complaint, the Executive Director shall refer it to the appropriate OHR staff for prompt investigation and ascertainment of the facts alleged in the complaint. The investigation shall be limited to the alleged facts contained in the complaint to be completed within 100 days for a real estate transaction complaint and 180 days for all other complaints. The results of the investigation shall be reduced to written findings of fact, and a finding shall be made that there is or that there is not reasonable cause for believing that unlawful discrimination has been or is being committed. A copy of said findings shall be provided to the complainant and to the person named in such complaint, hereinafter referred to as the respondent.

(b) If the finding is made that there is reasonable cause for believing that unlawful discrimination has been or is being committed, the staff shall immediately endeavor to eliminate the unlawful discrimination by conference, conciliation, and persuasion.

  (c) If an agreement is reached for the elimination of such unlawful discrimination as a result of such conference, conciliation, and persuasion, the agreement shall be reduced to writing and signed by the respondent, and an order shall be entered by OHR setting forth the terms of said agreement. No order shall be entered by the OHR at this stage of the proceedings except upon such written agreement, PROVIDED that during the period beginning with the filing of complaints alleging unlawful discrimination with respect to real estate transactions pursuant to SCC 2.460.120 (1) through (4), and ending with the filing of a finding of reasonable cause or a dismissal by the Board, OHR staff shall, to the extent feasible, engage in conciliation with respect to such complaint. Any conciliation agreement arising out of conciliation efforts by the staff shall be an agreement between the respondent and the complainant and shall be subject to the approval of the Executive Director. Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the Executive Director determines that disclosure is not required to further the purposes of this chapter nor prohibited by the public disclosure laws.

(d) If no such agreement can be reached, a finding to that effect shall be made and reduced to writing, with a copy thereof provided to the complainant and the respondent.

(e) The OHR shall investigate each complaint to determine whether there is a preponderance of evidence that a violation of this Ordinance has occurred. The investigation shall be completed within 100 days from the filing/receipt of real estate transaction and housing complaints, unless it is impractical to do so within that time, and 180 days after the filing/receipt of all other complaints. If the OHR determines there is not a preponderance of evidence, written notification of the determination shall be served to the complainant and the respondent. Only where there is a determination that the preponderance of the evidence was lacking may the complainant file a request for reconsideration to the OHR, within 30 days from receipt of the OHR’s notice of its determination,.

(f) Notwithstanding the above-referenced investigation periods, the OHR may defer investigation of a timely filed complaint when the same complaint, or a substantially similar complaint, has been filed by the complainant with another administrative agency.

(g) The OHR may attempt to settle or adjust any complaint by conciliation at any time that the complaint is pending.

(h) The Board has authority to issue subpoenas for the appearance of witnesses, the production of evidence, or both, in the course of investigations and hearings, which it can delegate to the Executive Director. Subpoenas shall be issued where necessary for a full and complete investigation. A subpoena shall be served in the same manner as subpoenas issued under the Rules of the Washington Superior Court to compel the appearance of a deponent and shall be subject to the same witness and mileage fees fixed by law for such subpoenas.

(i) If the OHR concludes, at any time following the filing or issuance of a complaint that in order to carry out the purposes of this Ordinance, a civil action to preserve the status quo or to prevent irreparable harm is advisable, the OHR may pursue a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint.

(j) If any person refuses to comply with a Board subpoena, order, or decision, the Board may seek judicial enforcement.

(k) Washington State’s rules of discovery as found in WAC 162-08-09501-162-08-097 and 162-08-263 shall be followed.

(l) The OHR shall comply with state public disclosure laws and during investigation, shall not disclose, other than to the parties or at the hearing on the complaint, any evidence obtained in the course of the investigation or conciliation unless otherwise required by law, until the investigation is complete.

(m) The Executive Director of OHR may dismiss a complaint or may enter an order of default against a party for failure to cooperate with the investigation.

(4) Hearings.

(a) In case of failure to reach an agreement to eliminate such unlawful discrimination and upon the entry of findings to that effect, an administrative law judge or a County hearings examiner authorized under County ordinance, shall be assigned to hear the complaint. The Executive Director shall further cause to be issued a written notice together with a copy of the complaint, as the same may have been amended, requiring the respondent to answer the charges of the complaint at a hearing before an administrative law judge or County hearing examiner, at a time and place to be specified in such notice.

(b) The case in support of the complaint shall be presented at the hearing by counsel for the OHR, PROVIDED, That the complainant may retain independent counsel and submit testimony and be fully heard. No staff, member or employee of the OHR who previously made the investigation or caused the notice to be issued shall participate in the hearing except as a witness, nor shall the member or employee participate in the deliberations of the administrative law judge or hearing examiner in such case. Any endeavors or negotiations for conciliation shall not be received in evidence.

(c) The respondent shall file a written answer to the complaint and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard. The respondent has the right to cross-examine the complainant.

(d) The administrative law judge or hearing examiner conducting any hearing may permit reasonable amendment to any complaint or answer. Testimony taken at the hearing shall be under oath and recorded.

(e) If, upon all the evidence, the administrative law judge or hearing examiner finds that the respondent has engaged in unlawful discrimination, the administrative law judge or hearing examiner shall state findings of fact and shall issue and cause to be served on such respondent an order requiring such respondent to cease and desist from such unlawful discrimination and to take such affirmative action, including, but not limited to the following:

1. hiring;
2. reinstatement or upgrading of employees, with or without back pay;
3. an admission or restoration to full membership rights in any respondent organization; or

such other action as, in the judgment of the administrative law judge or hearing examiner, will effectuate the purposes of this chapter, including action that could be ordered by a court and/or a requirement to report the matter on compliance.

(f) If, upon all the evidence, the administrative law judge finds that the respondent has not engaged in any alleged unlawful discrimination, the administrative law judge shall state findings of fact and shall similarly issue and file an order dismissing the complaint.

(g) The final order of the administrative law judge or hearing examiner shall include a notice to the parties of the right to obtain judicial review of the order by appeal, in accordance with the provisions of RCW 34.05.510 through 34.05.598, and that such appeal must be served and filed within 30 days after the service of the order on the parties.

(h) An order dismissing a complaint may include an award of reasonable attorneys' fees in favor of the respondent, if the administrative law judge concludes that the complaint was frivolous, unreasonable, or groundless.

  (5) Remedies.

1. Relief may include, but is not limited to, an order:

(i) to cease the illegal conduct complained of and to take steps to alleviate the effect of the illegal conduct complained of;

(ii) to pay actual damages, as reasonably determined by the OHR, for injury or loss suffered;

(iii) to hire, reinstate, or upgrade the complainant, with or without back pay, or to provide such fringe benefits as the complainant may have been denied;

(iv) to sell or lease housing in question to the complainant;

(v) to admit the complainant to a public accommodation;

(vi) to extend to the complainant the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of the respondent;

(vii) to pay the complainant all or a portion of the costs, including reasonable attorney’s fees, expert witness fees, witness fees, and duplicating costs, incurred in pursuing the complaint before the OHR or at any stage of judicial review;

(viii) to take such action as may be necessary to make the complainant whole, including, but not limited to, awards of interest on the actual damages and back pay from the date of the violation;

(ix) to file with the OHR a report as to the manner of compliance;

(x) to post in a conspicuous place notices, which the OHR may publish or cause to be published, setting forth requirements for compliance with this Ordinance or other relevant information which the OHR determines necessary to explain this chapter; and

(xi) to pay a fine of not less that $100 for each offense. Every day that a violation(s) shall continue shall constitute a separate and distinct offense.

(c) All remedies shall be cumulative.

(6) Individual Right of Action.

(a) Any individual injured by a violation of this chapter shall have cause of action against the violator. It is expressly the intention of this Ordinance to confer an individual right of action which may be redressed in the courts in accordance with paragraphs (b), (c), (d), (d) and (e) of this subsection (6).

(b) Subsequent to a complaint being timely filed with the OHR, where such complaint alleges a violation(s) under sections .090 through .150 of this chapter, and prior to an evidence finding, a complainant may request of the OHR to have the claims asserted in that complaint decided in a civil action in a court of general jurisdiction. The OHR in its discretion may issue a written authorization to the complainant to proceed before such a court. Upon receipt of the written authorization, the complainant shall give notice of his or her decision to proceed to court to the OHR and to all other complainants and respondents to whom the complaint relates. A complainant has 90 days from the date the written authorization is received within which to bring suit.

(c) Subsequent to a complaint being timely filed with the OHR, where such complaint alleges violation(s) under sections .090 through .150 of this chapter, and subsequent to a finding of a preponderance of evidence, a complainant may elect to have the claims asserted in the complaint decided in a civil action in a court of general jurisdiction. This election must be made not later than 20 days after all parties are notified of the finding of a preponderance of evidence. If the election is not made within the specified time period the OHR shall retain jurisdiction of the complaint. The complainant shall give notice of election to the OHR and to all other complainants and respondents to whom the complaint relates. The OHR shall issue a written authorization to the complainant to proceed before such a court. A complainant who chooses to proceed to court has 90 days from the date the written authorization is received within which to bring suit.

(d) Subsequent to a complaint being timely filed with the Board where such complaint alleges a violation under section .120 of this chapter, and subsequent to a finding by the OHR that there is a preponderance of evidence that a violation of section .120 has occurred, a complainant or respondent may elect to have the claims asserted in the complaint decided in a civil action in a court of general jurisdiction. This election must be made not later than 20 days after all parties are notified of the OHR’s finding of a preponderance of evidence. If the election is not made within the specified time period the OHR shall retain jurisdiction of the complaint. The complainant or respondent shall give notice of election to the OHR and to all other complainants and respondents to whom the complaint relates. The OHR shall issue a written authorization to the complainant or respondent to proceed before such a court. A complainant or respondent who chooses to proceed to court has 90 days from the date the written authorization is received within which to bring suit.

(e) The filing by a complainant or respondent of a complaint in any court based on some or all of the same issues as are raised in a complaint before the OHR shall automatically terminate the jurisdiction of the OHR over the complaint. In such a case, the OHR shall dismiss the complaint either on its own motion or on the motion of either party.

(f) Final disposition of a complaint by the OHR shall bar a suit in the courts on this chapter over the same issues, except a suit to review judicially the decision of the OHR..

1. The OHR may seek to intervene in any civil action filed by a complainant or respondent pursuant to paragraphs (b), (c) and (d), of this subsection (6).

170. Applicability and jurisdiction.

(1) The County may enforce this Ordinance in municipalities within the County, in the following circumstances:

(a) If a municipal ordinance of a municipality adopts by reference the provisions of this Ordinance and provides for County enforcement under this Ordinance, in accordance with a signed interlocal agreement with the County approved by the County Council;

(b) If a municipality has no comparable ordinance, but enters into an interlocal agreement with the County approved by the County Council, that provides for the applicability and enforcement of the Ordinance by the County for complaints of conduct occurring within the municipality’s jurisdiction;

(c) If a municipality has no ordinance, which regulates conduct that is prohibited under this ordinance, or interlocal agreement with the County, OHR shall investigate any complaints arising in the municipality’s jurisdiction and referred to the Executive Director by the Washington State Human Rights Commission, under a signed Memorandum of Agreement with the Washington State Human Rights Commission, which allows the OHR to investigate and conciliate those complaints for violations of State law in Chapter 46.90 RCW, in accordance with the enforcement provisions in this Ordinance.

(2) Effective Date. This Ordinance shall take effect 60 days after becoming law.

(3) Sunset. Snohomish County Code Chapter _____, adopted by this Ordinance or as amended after the effective date of this Ordinance, is repealed, effective on the date six years following enactment unless re-enacted prior to that date as provided in County Charter 2.115.

PASSED this _____ day of ________________, 2009.

SNOHOMISH COUNTY COUNCIL

Snohomish County, Washington

_____________________________

Chairperson

ATTEST:

____________________________________

Clerk of the Council

( ) APPROVED

( ) EMERGENCY

( ) VETOED

DATE:___________________________

________________________________

County Executive

ATTEST:

_________________________________

Approved as to form only:

_________________________________

Deputy Prosecuting Attorney