ByHouse State Government & Tribal Relations (originally sponsored by Representatives Jinkins, Caldier, Fitzgibbon, Doglio, Cody, Macri, Gregerson, Riccelli, Kilduff, Bergquist, Dolan, Appleton, Davis, Ryu, Robinson, Morgan, Blake, Stanford, Frame, Ormsby, Tarleton, Tharinger, Fey, Kloba, Valdez, Orwall, Callan, Harris, Kirby, Ortiz-Self, Senn, Goodman, Peterson, and Reeves)

AN ACT Relating to protecting information concerning agency employees who have filed a claim of harassment or stalking; adding new sections to chapter 42.56 RCW; creating a new section; prescribing penalties; and declaring an emergency.

NEW SECTION. Sec. 1. The legislature finds that state agency employees operate in unique work environments in which there is a higher level of transparency surrounding their daily work activities. The legislature finds that we must act to protect the health and safety of state employees, but even more so when employees become the victims of sexual harassment or stalking. The legislature finds that when a state agency employee is the target of sexual harassment or stalking, there is a significant risk to the employee's physical safety and well-being. The legislature finds that workplace safety is of paramount importance and that the state has an interest in protecting against the inappropriate use of public resources to carry out actions of sexual harassment or stalking.

(1) Except as provided in this section, an agency may not disclose records concerning an agency employee who has made a claim of workplace sexual harassment or stalking with the employing agency, if the record is requested by a person alleged in the claim to have harassed or stalked the agency employee and the agency reasonably believes, after conducting an investigation, that the alleged act occurred. The agency may not disclose such records unless ordered by a court of competent jurisdiction after finding that, in consideration of the totality of the circumstances, disclosure would not violate the agency employee's right to privacy under RCW 42.56.050.

(2) Upon any request for records concerning an agency employee who has made a claim with the employing agency of workplace sexual harassment or stalking, the agency must immediately notify the agency employee of the request. The agency employee may bring an action in a court of competent jurisdiction within the time required for agencies to respond under RCW 42.56.520 to enjoin the agency from disclosing the records. The agency employee shall immediately notify the agency upon filing an action under this subsection. The time to respond under RCW 42.56.520 shall be suspended during the pendency of an action filed under this subsection. Upon notice of an action filed under this subsection, the agency may not disclose such records unless by an order of a court of competent jurisdiction after a finding that, in consideration of the totality of the circumstances, disclosure would not violate the agency employee's right to privacy under RCW 42.56.050.

(3) For the purposes of this section, it is presumed to be highly offensive to a reasonable person under RCW 42.56.050 to disclose, directly or indirectly, records concerning an agency employee who has made a claim of workplace sexual harassment or stalking with the agency to persons alleged in the claim, and who the agency reasonably believes after having conducted an investigation, to have sexually harassed or stalked the agency employee.

(1) Any person who requests and obtains a record concerning an agency employee, as described in section 2 of this act, who has made a claim with the employing agency of workplace sexual harassment or stalking is subject to civil liability if he or she uses the record or information in the record to harass, stalk, threaten, or intimidate that agency employee, or provides the record or information in the record to a person who uses it to harass, stalk, threaten, or intimidate that agency employee.

(2) Any person liable under subsection (1) of this section may be sued in superior court by any aggrieved party, or in the name of the state by the attorney general or the prosecuting authority of any political subdivision. The court may order an appropriate civil remedy. The plaintiff may recover up to one thousand dollars for each record used in violation of this section, as well as costs and reasonable attorneys' fees.

NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.