"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 education."
The Constitution
U.S. Constitution: Fourteenth Amendment
Fourteenth Amendment - Rights Guaranteed Privileges and Immunities of
Citizenship, Due Process and Equal Protection
Amendment Text | Annotations
Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal
protection of the laws.
III. LIABILITY UNDER USC 42, Section 1983. Officials are liable if they knowingly violate the constitutional or statutory rights of a person. Three things must be proved: 1) that the individual acted under color of state law, 2) that by these actions the individual intentionally deprived the plaintiff of a right protected under the constitution or laws of the United States, and 3) the plaintiff's actions were the proximate cause of the
deprivation.
The Civil Rights Act
Title VII of the Civil Rights Act of 1964
An Act
To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent
discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes. Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Civil Rights Act of 1964".
Sec. 2000d. Prohibition against exclusion from participation in,
denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin
No person in the United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance.
Initiative 200
RCW 49.60.400
Affirmative action, discrimination prohibited.
(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) 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.
(8) 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.
(9) 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.
[1999 c 3 § 1 (Initiative Measure No. 200, approved November 3, 1998).]
