BILL REQ. #: H-0250.1
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/22/09. Referred to Committee on Commerce & Labor.
AN ACT Relating to prohibiting certain employer communications about political or religious matters; and adding new sections to chapter 49.44 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The definitions in this section apply
throughout this section and sections 2 through 4 of this act unless the
context clearly requires otherwise.
(1) "Adverse employment action" means discharge, discipline, or any
adverse change in the status or the terms and conditions of the
employee's employment.
(2) "Employee" means the same as provided in RCW 49.12.005(4).
(3) "Employer" means an employer, as defined in RCW
49.12.005(3)(b), and includes any person acting in the interest of such
an employer.
(4) "Political matters" means matters directly related to
candidates, elected officials, ballot propositions, legislation,
election campaigns, political parties, and political, social,
community, and labor or other mutual aid organizations.
(5) "Religious matters" means all aspects of religious observance
and practice, as well as belief.
NEW SECTION. Sec. 2 (1) An employer may not require an employee
to attend a meeting, or listen to, or respond to, or participate in,
any other communication when a purpose of the requirement is to ensure
that employees receive communications relating to political or
religious matters or to influence the employee's beliefs, opinions, or
actions about political or religious matters.
(2) An employer may not take or threaten to take an adverse
employment action against an employee because the employee:
(a) Refuses to attend a meeting or listen or otherwise respond to,
or participate in, any other communication that the employee reasonably
believes violates or would violate this section;
(b) Challenges or opposes any practice or action that the employee
reasonably believes violates or would violate this section; or
(c) Makes a claim, files suit, testifies, assists, or participates
in any manner in any investigation, proceeding, or hearing involving
any practice or action that the employee reasonably believes violates
or would violate this section.
(3) This section does not:
(a) Apply to any requirement related to meetings or any other
communications about religious matters by an employer that is a
religious organization, corporation, association, educational
institution, or society;
(b) Prohibit any employer from requiring its employees to attend a
meeting, listen or otherwise respond to, or participate in, any other
communications that are (i) reasonably necessary to the performance of
actions by the employees that may be lawfully required; and (ii)
related to the normal operation of the employer's business or
enterprise.
NEW SECTION. Sec. 3 An employee aggrieved by a violation of
section 2 of this act may bring a civil action in the superior court
for the county where the violation is alleged to have occurred or where
the employer has its principal office. The court may award a
prevailing employee injunctive relief, rehiring or reinstatement of the
employee to the employee's former position or equivalent position, back
pay and restoration of any other terms and conditions of employment to
which the employee would otherwise have been eligible if the violation
had not occurred, damages for any reasonably foreseeable losses
sustained by the employee as a result of such a violation, and any
other appropriate relief as deemed necessary by the court to make the
employee whole and to restrain violations of section 2 of this act.
The court shall award a prevailing employee an additional one hundred
percent of back pay as liquidated damages to compensate for harms
caused by the delay in payment, together with reasonable attorneys'
fees and costs.
NEW SECTION. Sec. 4 Employers shall post a notice of employee
rights under this act in a conspicuous place accessible to the
employees at the employer's place of business.
NEW SECTION. Sec. 5 Sections 1 through 4 of this act are each
added to chapter