HOUSE BILL REPORT

HB 2820

As Reported by House Committee On:

Labor & Workplace Standards

Title: An act relating to the healthy relationships campaign.

Brief Description: Concerning the healthy relationships campaign.

Sponsors: Representatives McCabe, Pettigrew, Stambaugh, Macri, Vick, Reeves, Jenkin, Sells, Kagi, Muri and Kilduff.

Brief History:

Committee Activity:

Labor & Workplace Standards: 1/23/18, 1/30/18 [DPS].

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 6 members: Representatives Sells, Chair; Gregerson, Vice Chair; McCabe, Ranking Minority Member; Doglio, Frame and Manweller.

Minority Report: Do not pass. Signed by 1 member: Representative Pike, Assistant Ranking Minority Member.

Staff: Joan Elgee (786-7106).

Background:

In the criminal context, a domestic violence offense is a crime committed by one family or household member by another. In the absence of a criminal case, a person experiencing domestic violence may seek a civil protection order that restrains the respondent from contacting the protected person or visiting certain locations. The state has several programs related to domestic violence assistance. For example, the Department of Social and Health Services (DSHS) contracts with local governments for services, and contact information for domestic violence organizations is on the DSHS's website. The Administrative Office of the Courts prepares and makes available an informational brochure regarding civil protection orders and related matters.

Sexual harassment in the workplace is a form of sex discrimination and violates the Washington Law Against Discrimination. With respect to the state as an employer, state agencies are required to provide all employees and contractors with a sexual harassment policy that meets certain criteria, respond promptly and effectively to sexual harassment concerns, and conduct training and education for all employees.

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Summary of Substitute Bill:

A Joint Legislative Task Force (Task Force) on the Healthy Relationships Campaign is created to identify ways in which the employer and employee community can help curb unhealthy relationships, including domestic violence and sexual harassment.

The Task Force is composed of:

• one member from each of the four caucuses in the House of Representatives and Senate, two of whom serve as co-chairs;

• one member representing each of the following:

• Association of Washington Business;

• National Federation of Independent Business;

• Washington Hospitality Association;

• Washington Retail Association;

• Washington State Labor Council;

• Washington Coalition of Sexual Assault Programs;

• Washington Coalition Against Domestic Violence; and

• a federally recognized tribe;

• a business owner;

• a survivor of sexual harassment;

• a survivor of domestic violence; and

• up to two additional members.

The Task Force must review the prevalence of domestic violence, sexual harassment, and other forms of unhealthy relationships; the nexus between unhealthy relationships and the workplace; the appropriate role of employers and employees in providing information to help reduce the incidence of domestic violence, sexual harassment, and other forms of unhealthy relationships; and whether legislation is needed to address these issues.

By December 1, 2018, the Task Force must submit its findings and recommendations to the appropriate committees of the Legislature.

Substitute Bill Compared to Original Bill:

The substitute bill strikes the underlying bill, creates the Task Force, and adds an emergency clause. A finding is added to the intent section and an expiration date is added.

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Appropriation: None.

Fiscal Note: Available.

Effective Date of Substitute Bill: The bill contains an emergency clause and takes effect immediately.

Staff Summary of Public Testimony:

(In support) This is an opportunity for the state and businesses to make a difference.  Employees are like family.  There is no cost to businesses with the amendment.  Work may be the only place where a victim can get away from a perpetrator and victims may talk to a colleague.  The star employee identified in the bill simply provides information.

(Opposed) None.

(Other) The bill is well-intended but could have unintended consequences.  Work and personal lives should be separate.  Asking people to divulge information at work is problematic.  A 1-hour presentation is insufficient.  A poster with a web-address would be supported.  Perhaps there should be a pilot project with an objective measurement or the bill could apply only to businesses with 50 or more employees.  Liability is a concern.  More discussion is needed.

Persons Testifying: (In support) Representative McCabe, prime sponsor.

(Other) Rebecca Johnson, Washington Coalition of Sexual Assault Programs; Bob Battles, Association of Washington Business; and Patrick Connor, National Federation of Independent Business.

Persons Signed In To Testify But Not Testifying: None.