May a city or county comply with affirmative action plan requirements in federal contracts without violating Initiative 200?
Affirmative action was effectively abolished in Washington State by Initiative 200 (codified as RCW 49.60.400), passed by the voters in 1998. This statute contains the following exemption: 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. “State” as used in this statute includes a city or county. There are no court cases that have addressed this exemption. However, the state attorney general’s office has analyzed this exemption in an “Issue Paper on Initiative 200” stating: Section 1(6) [RCW 49.60.400(6)] provides that the Initiative “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.” Federal agencies often require states to have “affirmative action” programs, but most allow discretion in how to operate those programs. Rath
