[Filed June 28, 2018, 4:09 p.m.]
Title of Rule and Other Identifying Information: WAC 357-25-027 What must be included in the agency's sexual harassment policy?
Hearing Location(s): On August 9, 2018, at 8:30 a.m., at the Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501.
Date of Intended Adoption: August 16, 2018.
Submit Written Comments to: Brandy Chinn, OFM, P.O. Box 47500, Olympia, WA 98501, email Brandy.Chinn@ofm.wa.gov, fax 360-586-4694, by August 2, 2018.
Assistance for Persons with Disabilities: Contact OFM, TTY 711 or 1-800-833-6384, by August 2, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SSB 5996 was passed during the 2018 legislative session with an effective date of June 7, 2018. This bill states that an employer may not require an employee, as defined in chapter 49.44
RCW, as a condition of employment, to sign a nondisclosure agreement, waiver, or other document that prevents the employee from disclosing sexual harassment or sexual assault.
Reasons Supporting Proposal: To place new provisions in Title 357 WAC so there are clear expectations of what is and what is not acceptable.
Statutory Authority for Adoption: Chapter 43.01
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: [OFM], governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Brandy Chinn, 128 10th Avenue, Olympia, WA 98501, 360-407-4141.
A school district fiscal impact statement is not required under RCW 28A.305.135
A cost-benefit analysis is not required under RCW 34.05.328
. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW 34.05.328
(5)(b)(ii) for exemption.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025
(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
June 28, 2018
Assistant Director of
Legal and Legislative Affairs
AMENDATORY SECTION(Amending WSR 07-23-010, filed 11/8/07, effective 12/11/07)
WAC 357-25-027What must be included in the agency's sexual harassment policy?
Agencies as defined in RCW 41.06.020
must at a minimum include the following in their policy on sexual harassment:
(1) Indicate who is covered by the policy;
(2) Provide that the employer is committed to providing a working environment free from sexual harassment of any kind;
(3) State that sexual harassment is an unlawful employment practice prohibited by Title VII of the Civil Rights Act of 1964 and RCW 49.60;
(4) The definition of sexual harassment as defined by the Equal Employment Opportunity Commission;
(5) Notify the employee or individual of their right to file a complaint with the Washington State Human Rights Commission under RCW 49.60.230
or the Federal Equal Employment Opportunity Commission under Title VII of the Civil Rights Act of 1964;
(6) Identify how and to whom employees or individuals may raise concerns or file complaints. The policy should allow multiple avenues for an employee or individual to raise complaints or concerns and should clearly identify the positions or entities charged with receiving these complaints;
(7) Advise all individuals covered by the policy that the employer is under a legal obligation to respond to allegations concerning a violation of the policy;
(8) Identify the manner by which the employer will respond to alleged violations of the policy, including a formal investigation if necessary;
(9) State that the complainant shall be informed of the status and the outcome of an investigation;
(10) Identify the agency's investigation or response procedure;
(11) Define the roles and responsibilities of employees, managers, supervisors, and others covered by the policy with respect to the following:
(a) Preventing or not engaging in sexual harassment;
(b) Responding to concerns or allegations of violations of the policy;
(c) Participation in an investigation under the policy; and
(d) The prohibition against retaliation.
(12) State that confidentiality cannot be guaranteed;
(13) Advise that retaliation against individuals covered by the policy who report allegations of sexual harassment or who participate in an investigation is prohibited;
(14) Advise that any employee found to have violated the policy will be subject to corrective and/or disciplinary action, up to and including dismissal; ((and))
(15) Advise that any employee found to have retaliated against individuals covered by the policy who report allegations of sexual harassment or who participate in an investigation will be subject to corrective and/or disciplinary action, up to and including dismissal; and
(16) State an employer may not require an employee, as a condition of employment, to sign a nondisclosure agreement, waiver, or other document that prevents the employee from disclosing sexual harassment or sexual assault occurring in the workplace, at work-related events coordinated by or through the employer, or between employees, or between an employer and an employee, off the employment premises in accordance with section 1, chapter 117, Laws of 2018.
For the purposes of this subsection, "employee" has the same meaning as defined in section 1, chapter 117, Laws of 2018.