Washington has no state E-Verify mandate, and RCW 49.60 prohibits employment discrimination based on national origin or immigration-related characteristics statewide.
Washington does not require private employers to use the federal E-Verify electronic employment eligibility verification system. Employers must complete federal Form I-9 as required by federal law, but state law imposes no additional E-Verify obligation for private businesses. Washington's Law Against Discrimination, codified at RCW 49.60, prohibits employers from discriminating against applicants or employees based on national origin, ancestry, or citizenship status beyond what federal law authorizes. RCW 49.60.180 makes it an unfair practice to refuse to hire or to discharge any person because of national origin. State agencies may use E-Verify under federal contract requirements, but no statewide mandate exists for private employers, and local jurisdictions cannot enact conflicting employment verification requirements that exceed state law.
Employers violating RCW 49.60 face complaints filed with the Washington State Human Rights Commission, civil penalties, back pay, reinstatement orders, and damages. Willful violations may also support private civil actions under RCW 49.60.030.
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Bellingham, WA
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