H-1716

AN ACT Relating to good faith communications by citizens to government agencies; amending RCW 4.24.500 and 4.24.520; adding new sections to chapter 4.24 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 4.24.500 and 1989 c 234 s 1 are each amended to read as follows:

Information provided by citizens concerning potential wrongdoing is vital to effective law enforcement ((~~and~~)), the efficient operation of government, and an economically productive society. The legislature finds that the threat of a civil action for damages or retaliation by government employees or the employees of government contractors or subcontractors can act as a deterrent to citizens who wish to report information to federal, state, or local agencies. The costs of defending against such suits or suffering such retaliation can be severely burdensome. The purpose of RCW 4.24.500 through 4.24.520 and sections 2 and 4 through 6 of this act is to protect individuals who make good-faith reports to appropriate governmental bodies and to provide remedies for such individuals who are subjected to retaliation for having made such reports.

NEW SECTION. Sec. 2. For the purposes of RCW 4.24.500 through 4.24.520 and sections 2 and 4 through 6 of this act, "retaliation" includes without limitation:

(1) Denial of adequate staff to perform duties;

(2) Frequent staff changes;

(3) Frequent and undesirable office changes;

(4) Refusal to assign meaningful work;

(5) Unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations;

(6) Demotion;

(7) Reduction in pay;

(8) Denial of promotion;

(9) Suspension;

(10) Dismissal;

(11) Denial of employment;

(12) Supervisor or superior encouragement of colleagues to behave in a hostile manner toward the employee;

(13) Action that would constitute harassment under RCW 9A.46.020 through 9A.46.060 and 9.61.230;

(14) Requiring psychiatric or psychological examination or treatment as a condition of continued employment; and

(15) Instigation or maintenance of surveillance.

Sec. 3. RCW 4.24.520 and 1989 c 234 s 4 are each amended to read as follows:

In order to protect the free flow of information from citizens to their government, an agency receiving a complaint or information under RCW 4.24.510 may intervene in and defend against any suit precipitated by the communication to the agency. In the event that a local governmental agency does not intervene in and defend against a suit arising from any communication protected under RCW 4.24.500 through 4.24.520 and sections 2 and 4 through 6 of this act, the office of the attorney general ((~~may~~)) shall intervene in and defend against the suit. An agency prevailing upon the defense provided for in RCW 4.24.510 shall be entitled to recover costs and reasonable attorneys' fees incurred in establishing the defense. ((If the agency fails to establish the defense provided for in RCW 4.24.510, the party bringing the action shall be entitled to recover from the agency costs and reasonable attorney's fees incurred in proving the defense inapplicable or invalid.))

NEW SECTION. Sec. 4. A person described in RCW 4.24.510 who communicates a complaint or information about or concerning that person's employer and who subsequently suffers retaliation from that employer for making such communication may report the conduct of the employer to the Washington state human rights commission which, upon a demonstration that the person reporting the alleged retaliation had made a good faith communication as described in RCW 4.24.510 and that the protected communication was a contributing factor to the retaliation, shall proceed with such report in the same manner as a complaint filed with the commission pursuant to RCW 49.60.230 through 49.60.310.

NEW SECTION. Sec. 5. The human rights commission or the attorney general, in the execution of their respective responsibilities pursuant to RCW 4.24.500 through 4.24.520 and sections 2 and 4 through 6 of this act, may seek to enjoin any retaliatory actions by an employer against an employee and seek civil penalties against the employer in the same manner and to the same extent as provided for a violation of RCW 19.86.140.

NEW SECTION. Sec. 6. A person described in RCW 4.24.510 who communicates a complaint or information about or concerning that person's employer and who subsequently suffers retaliation from that employer for making such communication, upon the same showing as required by section 4 of this act, has a civil cause of action under RCW 19.86.020 against the employer. Such retaliatory conduct by an employer is a matter affecting the public interest and constitutes an unfair practice within the meaning of RCW 19.86.020 and 19.86.030 and is subject to all the provisions of chapter 19.86 RCW.

NEW SECTION. Sec. 7. Sections 2 and 4 through 6 of this act are each added to chapter 4.24 RCW.