1. (1) Employers are encouraged to seek a broad pool of applicants through recruitment efforts. It is permissible to use advertisements that contain nonexclusionary recruitment phrases, such as:

   1. (a) "Equal opportunity employer."
   2. (b) "We encourage workforce diversity."

2. (2) it is not permissible, however, to express or exercise a hiring preference based on protected status, unless:

   1. (a) The employer has a court order to do so or an authorization from this commission or another governmental agency of competent authority and jurisdiction; or
   2. (b) The employer can prove that the expression is justified by a bona fide occupational qualification (please see WAC 162-16-240). In the absence of proof, the advertisement will be considered evidence of an unfair practice under the law.

[Statutory Authority: RCW 49.60.120(3). WSR 99-15-025, § 162-16-290, filed 7/12/99, effective 8/12/99.]