Wash. Rev. Code § 49.60 § 49.60.400
Discrimination, preferential treatment prohibited.
Operative Text
(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 December 3, 1998. (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 December 3, 1998. (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) Nothing in this section prohibits schools established under chapter 28A.715 RCW from: (a) Implementing a policy of Indian preference in employment; or (b) Prioritizing the admission of tribal members where capacity of the school's programs or facilities is not as large as demand. (8) 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. (9) The remedies available for violations of this section shall be the same, regardless of the injured party's race, sex, color, ethnicity, or national origin, as are otherwise available for violations of Washington antidiscrimination law. (10) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law, the United States Constitution, or the Washington state Constitution, the section shall be implemented to the maximum extent that federal law, the United States Constitution, and the Washington state Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.
Washington Revised Code § 49.60.400 prohibits the state and its political subdivisions — including cities, counties, school districts, and public colleges — from discriminating against or granting preferential treatment to any individual or group based on race, sex, color, ethnicity, or national origin in public employment, public education, or public contracting. The rule took effect for actions taken after December 3, 1998, and carries several enumerated exceptions, such as sex-based classifications necessary for privacy or medical treatment, court orders in force before that date, and actions required to maintain federal program eligibility. Remedies for violations are available equally to all injured parties regardless of their protected characteristics, consistent with Washington's broader antidiscrimination framework.
Plain English — not legal advice.
Although § 49.60.400 is directed at state and governmental actors rather than private landlords, property owners operating under public contracts, participating in publicly funded housing programs, or managing housing on behalf of a governmental instrumentality should be aware that this provision governs how those public entities conduct their operations. Compliant public-sector operators generally ensure that their employment, contracting, and educational decisions are facially neutral with respect to race, sex, color, ethnicity, and national origin, while documenting any classifications that fall within the provision's recognized exceptions. Operators involved in federally funded programs should also note that subsection (6) preserves actions necessary to maintain federal eligibility, which may interact with other fair housing obligations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 49.60.400, tenants who interact with public housing authorities, publicly operated housing programs, or government-run educational or contracting activities have a right to be free from race-, sex-, color-, ethnicity-, or national-origin-based discrimination or preferential treatment by those entities. Subsection (9) makes clear that remedies under Washington antidiscrimination law are available equally to all injured parties, meaning a person who believes a governmental actor has violated this provision can pursue the same enforcement paths available under Washington's antidiscrimination statutes. Tenants seeking to understand their options may consider contacting a tenant-rights organization, a fair housing agency, or reviewing resources provided by the Washington State Human Rights Commission.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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