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(1998) Washington State Initiative 200

AN ACT Relating to prohibiting government entities from discriminating or

granting preferential treatment based on race, sex, color, ethnicity, or national

origin; and adding new sections to chapter 49.60 RCW.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:

     Sec. 1. (1) The state shall not discriminate against, or

grant preferential treatment to, any individual or group on the basis of race,

sex, color, ethnicity, or national origin in the operation of public employment,

public education, or public contracting.

     (2) This section applies only to action taken after the effective date of this

section.

     (3) This section does not affect any law or governmental action that does not

discriminate against, or grant preferential treatment to, any individual or group

on the basis of race, sex, color, ethnicity, or national origin.

     (4) This section does not affect any otherwise lawful classification that:

              (a) Is based on sex and is necessary for sexual privacy or medical or

psychological treatment; or

              (b) Is necessary for undercover law enforcement or for film, video,

audio, or theatrical casting; or

              (c) Provides for separate athletic teams for each sex.

     (5) This section does not invalidate any court order or consent decree that is

in force as of the effective date of this section.

     (6) This section does not prohibit action that must be taken to establish or

maintain eligibility for any federal program, if ineligibility would result in a

loss of federal funds to the state.

     (7) For the purposes of this section, state includes, but is not necessarily

limited to, the state itself, any city, county, public college or university,

community college, school district, special district, or other political

subdivision or governmental instrumentality of or within the state.

     (8) The remedies available for violations of this section shall be the same,

regardless of the injured partys race, sex, color, ethnicity, or national origin,

as are otherwise