Jurisdiction of Human Rights Commission Clarified

The Washington State Human Rights Commission (WSHRC) has authority to enforce the state's civil rights protections, including the prohibition against discrimination on the basis of sexual orientation passed by the Legislature last year.

A Redmond woman whose private employer did not provide health insurance for her male partner, even though it provided coverage for same-sex partners of employees, filed a complaint with the WSHRC shortly after the new law was passed. During their investigation of her complaint, WSHRC staff found they had no jurisdiction in that case due to a conflict with federal law.

The federal Employee Retirement Income Security Act (ERISA) preempts the WSHRC’s right to regulate benefit plans for private employers. However, workers who are not covered by ERISA, such as employees of the state and local governments, can still go to the WSHRC if they believe they are being denied benefits due to discrimination.

What This Means for Cities and Other Public Employers

The WSHRC believes it has jurisdiction over discrimination in the provision of employee benefits when the employer is a government employer. It would investigate discrimination complaints, with the outcome of any complaint based on the preponderance of the evidence, the facts of the case, and the case law at the time.

The WSHRC’s position remains that nothing in the law passed last year required employers to provide health insurance or other benefits that are tied to marital status to unmarried partners (either same sex or opposite sex), because the benefits are tied to marriage.

However, if a non-ERISA employer (including all government employers) offers benefits to one type of unmarried couple and not to another, then an employee may be able to file a complaint depending on the circumstances and type of discrimination alleged.

If you have any questions about this issue, please contact Seth Kirby of the WSHRC, (360) 586-3413 or skirby@hum.wa.gov.

 
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