HOUSE BILL REPORT

HB 36

BYRepresentatives Wang, Patrick, Sayan, Fisher, R. King, Lux and Belcher

Prohibiting employer retaliation for unemployment claims.

House Committe on Commerce & Labor

Majority Report:     Do pass.  (10)

     Signed by Representatives Wang, Chair; Cole, Vice Chair; Fisch, Fisher, R. King, O'Brien, Patrick, Sanders, Sayan and C. Smith.

House Staff:Chris Cordes (786-7117)

AS PASSED HOUSE FEBRUARY 11, 1988

BACKGROUND:

Washington's unemployment compensation law does not have provisions that protect employees who are discriminated against by their employers for filing a compensation claim or otherwise exercising their rights under unemployment compensation law.  As a result, employees who exercise their rights may be subject to retaliation by their employers.  For example, an employer might discharge an employee or alter the employee's terms or conditions of employment because the employee filed a claim for unemployment benefits.

SUMMARY:

No employer may discharge or in any manner discriminate against an employee because the employee has filed or communicated to the employer an intent to file a claim or exercises any rights provided under unemployment compensation law.

An employee who believes that he or she has been discriminated against may file a complaint with the commissioner of the Employment Security Department within ninety days of the discriminatory act.  The commissioner is responsible for investigating the complaint and notifying the employee whether a violation has been found.  If a violation is found, the commissioner must bring an action in superior court to restrain the violation and seek other appropriate relief.  The employee may also bring a superior court action on his or her own behalf if the commissioner finds no violation.

Fiscal Note:    Attached.

House Committee ‑ Testified For:     Graeme Sackrison, Employment Security Department; Bill Nicacio and Samuel Martinez, Washington State Migrant Council.

House Committee - Testified Against: Bill Roberts, Washington State Farm Bureau.

House Committee - Testimony For:     Some farmworkers have experienced discriminatory actions by employers after making inquiries about their rights with the Employment Security Department.

House Committee - Testimony Against: There is no demonstrated need for this legislation.  It creates the potential for workers to take advantage of a grower who has many workers to supervise.