Sexual harassment is a form sex discrimination involving unwelcome sexual advances or conduct that creates an intimidating, hostile, or offensive working environment. The Washington Law Against Discrimination (WLAD) prohibits sex discrimination, including sexual harassment, in employment. If a worker is injured by this form of discrimination or an unfair practice under the WLAD, the worker can file a complaint with the Human Rights Commission (HRC) and/or file a lawsuit against the employer. Similar protections are afforded by the federal Civil Rights Act of 1964, which entitles employees of certain employers to protections by the Equal Employment Opportunity Commission (EEOC).
In 2019 the state established specific requirements for employers of "isolated employees," which includes any janitor, security guard, hotel or motel housekeeper, or room service attendant who also spends a majority of her or his working hours alone or whose primary work responsibility involves working without another coworker. The Department of Labor and Industries (L&I) administers requirements pertaining to isolated employees.
Every hotel, motel, retail, or security guard entity, or property services contractor who employs one or more isolated employees must:
Property services contractors must submit certain information to L&I, including the number of employees who completed training, and the number of covered employees and their work locations and hours. "Property services contractor" means any person or entity that employs workers to perform labor for another person or on behalf of an employer, to provide commercial janitorial services.
The definition of "isolated employee" is modified to mean any janitor, security guard, hotel or motel housekeeper, or room service attendant who performs work in an area where two or more coworkers, supervisors, or a combination thereof are unable to immediately respond to a call of distress or emergency, or who spends at least 50 percent of her or his working hours without a supervisor or another coworker present.
Training. An employer must document completion of the mandatory training, and provide the documentation to L&I upon request.
Panic Buttons. The mandatory training must inform isolated employees on how to use panic buttons, and inform managers and supervisors on the responsibility to respond to the use of panic buttons. An employer must maintain records of the purchase and utilization of panic buttons, and make those records available to L&I upon request. A panic button must:
Reporting. Property services contractors must submit required information to L&I at least annually.
Enforcement by the Department of Labor and Industries. L&I is directed to enforce the isolated employee provisions. L&I must investigate if a complaint is filed or if L&I has reason to believe that an employer has committed a violation. Except when a violation is otherwise resolved, L&I must either issue a citation assessing a civil penalty or a closure letter. If a violation has occurred, L&I may order the employer to pay a civil penalty of $1,000 for each willful violation. For a repeat willful violator, the citation assessing a civil penalty must be at least $2,000 for each repeat willful violation, but no greater than $10,000 for each repeat willful violation. L&I may waive or reduce a civil penalty if it determines that the employer has taken corrective action to resolve the violation.
Unfair Practice. It is an unfair practice under the WLAD for an employer to fail to provide a panic button to an isolated employee in accordance with the requirements in the bill, effectively allowing for enforcement through the HRC and/or through a private civil action.
The substitute bill adds requirements pertaining to panic buttons, including:
The substitute bill requires employers to document completion of mandatory training, and provide the documentation to L&I upon request. The substitute bill removes language requiring mandatory training to be provided annually. The substitute bill requires property services contractors to submit reports to L&I on an annual basis (rather than a quarterly basis as provided in the underlying bill).
The substitute bill modifies the enforcement provisions by:
The substitute bill adds a provision specifying that it is an unfair practice under the WLAD for an employer to fail to provide a panic button to an isolated employee in accordance with the requirements in the bill, effectively allowing for enforcement through the HRC and/or through a civil action filed in state court.
The effective date of the bill is delayed to January 1, 2026.
(In support) The Legislature previously passed legislation requiring employers to take preventative measurers for isolated workers. While L&I administers the reporting requirements, it lacks the authority to enforce any element of the current law. Current estimates suggest that as few as 17 percent of covered employers are in compliance. The state should adopt clear standards and should enforce those standards. The law is meaningless without remedies for violations. Isolated workers are especially vulnerable to sexual violence in the workplace, and it is important for them to have support and tools from L&I to enforce their rights. The bill aims to reduce the risk of workplace injuries and assaults by incentivizing compliance through L&I enforcement and clarifying the scope of the requirements. The clarifying changes to the definition of isolated employee are helpful for employers, as the new definition is clearly measurable and understandable. The bill should make sure that the panic button requirements allow a cell phone to be used for this purpose. The bill should be refined further to allow for more remedies for workers.
(Opposed) None.
Representative Edwin Obras, prime sponsor; Ngoc Bich Nguyen SEIU6; Ellicott Dandy, Washington Employment Lawyers Association; Matt Haney, SEIU6 Property Services NW; and Rose Gundersen, WA Retail Association.
The second substitute bill makes the following changes:
(In support) This bill clarifies the enforcement entity for the act, which will protect Washington workers.
(Opposed) Failing to provide panic buttons should be a workplace safety violation enforced by the Department of Labor and Industries and not a civil rights violation.
(In support) Khalil Hamiduddin, SEIU6 Property Services Northwest.