The legislature passed Initiative Measure No. 1000 concerning affirmative action and remedying discrimination, and voters have filed a sufficient referendum petition on this act. Initiative 1000 would allow the state to remedy discrimination for certain groups and to implement affirmative action, without the use of quotas or preferential treatment (as defined), in public education, employment, and contracting.

Should Initiative 1000 be Approved [ ] Rejected [ ]

Initiative 1000 would allow the state to remedy documented or proven discrimination against, or underrepresentation of, certain disadvantaged groups. It would allow the state to implement affirmative action in public education, employment, and contracting if the action does not use quotas or preferential treatment. It would define affirmative action and preferential treatment. It would establish a Governor's commission on diversity, equity, and inclusion to ensure state agency compliance, comment on legislation, and publish annual reports.

Explanatory statement:
The Law as It Presently Exists:

Until 1998, Washington law allowed the use of affirmative action in public education, public contracting, and public employment, subject to constitutional limits on the use of affirmative action. In 1998, Washington voters approved Initiative 200 (I-200). I-200 prohibits state and local government from making decisions on the basis of race, sex, color, ethnicity, or national origin in public employment, public educa

[More...]

The legislature passed Initiative Measure No. 1000 concerning affirmative action and remedying discrimination, and voters have filed a sufficient referendum petition on this act. Initiative 1000 would allow the state to remedy discrimination for certain groups and to implement affirmative action, without the use of quotas or preferential treatment (as defined), in public education, employment, and contracting.

Should Initiative 1000 be Approved [ ] Rejected [ ]

Initiative 1000 would allow the state to remedy documented or proven discrimination against, or underrepresentation of, certain disadvantaged groups. It would allow the state to implement affirmative action in public education, employment, and contracting if the action does not use quotas or preferential treatment. It would define affirmative action and preferential treatment. It would establish a Governor's commission on diversity, equity, and inclusion to ensure state agency compliance, comment on legislation, and publish annual reports.

Explanatory statement:
The Law as It Presently Exists:

Until 1998, Washington law allowed the use of affirmative action in public education, public contracting, and public employment, subject to constitutional limits on the use of affirmative action. In 1998, Washington voters approved Initiative 200 (I-200). I-200 prohibits state and local government from making decisions on the basis of race, sex, color, ethnicity, or national origin in public employment, public education, and public contracting.

I-200 provides several exceptions involving disparate treatment based on sex. It does not apply to lawful classifications that are based on sex and are necessary for sexual privacy; medical or psychological treatment; undercover law enforcement; or film, video, audio, or theatrical casting. I-200 also allows separate athletic teams for each sex.

I-200 permits state and local governments to participate in federal programs that require actions that I-200 would otherwise prohibit. This allows state and local agencies to receive federal funds when federal law requires certain measures based on race, sex, or other categories.

The Effect of the Proposed Measure if Approved:


The public vote on Referendum 88 will decide whether Initiative 1000 (I-1000) becomes law.

I-1000 would allow the state to remedy documented discrimination or underrepresentation of disadvantaged groups in public education, employment, and contracting. Whether a group is disadvantaged would be determined by a valid disparity study or proven in court.

I-1000 would also allow affirmative action to increase diversity in public education, public employment, and public contracting. I-1000 would define affirmative action as a policy that considers an individual’s race, sex, ethnicity, national origin, age, sensory, mental or physical disability, or veteran or military status, when selecting qualified persons for opportunities in public education, public employment, and public contracting. Affirmative action would include, for example, recruitment, hiring, training, promotion, outreach, setting and achieving goals and timetables, and other measures to increase diversity. Affirmative action could not be used to impose quotas. In addition, race, sex, color, ethnicity, national origin, age, sexual orientation, sensory, mental or physical disability, and veteran or military status could not be used as the sole qualifying factor to select a less qualified person over a more qualified person.

I-1000 would not prohibit state and local government from taking actions needed to establish or maintain eligibility for federal programs. But before such actions could be taken, certain state government officials would have to determine that it was necessary to avoid a material loss of federal funds.

I-1000 would also establish a Governor’s commission on diversity, equity, and inclusion. The commission would monitor and enforce agency compliance with I-1000. The commission could propose or oppose legislation. It would publish annual reports on the progress of agencies in achieving diversity, equity, and inclusion in public education, public employment, and public contracting. Various elected and appointed officials would serve on the commission.

[Link]

[Less...]