Wash. Admin. Code § 162-32-040 - Harassment
(1)
Harassment. Harassment based on an individual's sexual orientation
or gender expression or gender identity is prohibited. Sexual orientation or
gender expression or gender identity harassment in employment is offensive and
unwelcome behavior serious enough to affect the terms and conditions of
employment and which occurred because of an individual's sexual orientation or
gender expression or gender identity, and can be imputed to the
employer.
(2)
Prohibited
conduct. Prohibited conduct may include, but is not limited to, the
following:
(a) Asking unwelcome personal
questions about an individual's sexual orientation, gender expression or gender
identity, transgender status, or sex assigned at birth;
(b) Intentionally causing distress to an
individual by disclosing the individual's sexual orientation, gender expression
or gender identity, transgender status, or sex assigned at birth against his or
her wishes;
(c) Using offensive
names, slurs, jokes, or terminology regarding an individual's sexual
orientation or gender expression or gender identity;
(d) The deliberate misuse of an individual's
preferred name, form of address, or gender-related pronoun (except on legally
mandated documentation, if the individual has not officially obtained a name
change);
(e) Posting offensive
pictures or sending offensive electronic or other communications;
(f) Unwelcome physical conduct.
(3)Harassment in a place of
public accommodation. Sexual orientation harassment or harassment based
on gender expression or gender identity in a place of public accommodation is
offensive and unwelcome behavior serious enough to alter the individual's
experience at the place of public accommodation, or severe enough that the
individual has no choice but to leave the place of public accommodation, which
occurred because of the individual's sexual orientation or gender expression or
gender identity, and can be imputed to the place of public accommodation. In
schools, such harassment is offensive and unwelcome behavior serious enough to
interfere with a child's access to educational opportunities, which occurred
because of the child's sexual orientation or gender expression or gender
identity, and can be imputed to the school.
Notes
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