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Summary of differences between federal and state regulations
There is no one federal law that specifically addresses employment applications, although there are record retention guidelines under a variety of federal laws (see the Recordkeeping topic) and non-discrimination provisions for hiring in general (see Discrimination topic).
Washington law provides that it is unlawful discrimination for an employer to use any form of application for employment which expresses discrimination in regard to age, sex, marital status, race, creed, color, national origin, disability or the use of a trained dog guide or service animal by a disabled person, unless based upon a bona fide occupational qualification; this is not to be construed to prohibit an employer from advertising in a foreign language. RCW §49.60.180
It is unlawful discrimination for an employer to use any form of application for employment which expresses any discrimination in regard to individuals forty years of age or older; however, an employer may require a disclosure of birth date on an application form or other evidence of an applicant’s age after an employee is hired. RCW §49.44.090
An employer may make inquiries as to race, sex, national origin, or disability only for purposes of affirmative action. This information must not be kept in the applicant’s pre-employment file or be available to those who process the application. Application records that identify the protected status of a particular person shall be kept confidential except to the extent necessary to implement an affirmative action program. WAC §162-12-160
State
Contact
Washington Department of Labor and Industries
Regulations
Revised Code of Washington Title 49, Chapter 49.60, §49.60.180
Revised Code of Washington Title 49, Ch. 49.44, §49.44.090
Washington Administrative Code Title 162, Chapter 162-12, §162-12-160
Federal
Contacts
None.
Regulations
None.