The 2019 Legislature passed the Washington State Diversity, Equity, and Inclusion Act, which was proposed by citizens as Initiative 1000 (I-1000). This initiative permits state and local governments to implement affirmative action laws, regulations, policies or procedures in public employment, higher education and contracting. I-1000 does not include mandates for local governments but instead amends current law to allow state and local governments to create policies to remedy discrimination against certain protected classes.

Passed by voters in 1998, Initiative 200 (I-200) prohibited state and local governments from discriminating against or granting preferential treatment to applicants, employees, or contractors based on the protected categories of race, sex, color, ethnicity, or national origin.

With the passage of I-1000, state and local governments may now consider a person’s race, sex, color, ethnicity, national origin, age, disability, veteran, or military status in consideration of public employment, higher education, and contracting and are permitted to implement affirmative action rules and policies such as recruitment and participation goals. State and local governments may not, however, favor a less-qualified employee, applicant, or contractor over a more qualified candidate based solely on protected status. The act also expressly prohibits the use of quotas or policies that violate state or federal statutes.

The Commission on Diversity, Equity, and Inclusion is established under the act and will be comprised of legislators and Governor -appointed members from state agencies, state commissions, non-profits, and the public. The Commission will be tasked with planning, directing, monitoring, and enforcing state agency compliance with I-1000. The Commission is also required to publish an annual report on the progress of state agencies in achieving diversity, equity, and inclusion in public education, public employment, and public contracting.

The Washington State Diversity, Equity, and Inclusion Act will take effect on July 28, 2019.