Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Labor & Workforce Development Committee |
SSB 6046
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Brief Description: Implementing procedures concerning certain whistleblowers.
Sponsors: Senate Committee on Commerce & Labor (originally sponsored by Senators Keiser, Rolfes, Conway, Kohl-Welles, Braun, Honeyford and Kline).
Brief Summary of Substitute Bill |
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Hearing Date: 2/25/14
Staff: Joan Elgee (786-7106).
Background:
In 2012 the Legislature provided whistleblower protection to employees working for elevator contractors who in good faith report or oppose practices that violate the laws on elevators or the employer's policies. An employee who is subjected to workplace reprisal or retaliatory action as the result of being a whistleblower has remedies under the Washington Law Against Discrimination, which is administered by the Human Rights Commission (Commission).
When any complaint is filed with the Commission, the Commission first reviews and evaluates the complaint. If the Commission determines that the facts as stated could constitute an unfair practice, the Commission investigates the complaint and makes findings of fact and a finding that there is or is not reasonable cause for believing that an unfair practice has been or is being committed. A copy of the finding must be provided to the complainant and the respondent. If the Commission determines there is or has been an unfair practice, it works to eliminate the unfair practice by conference, conciliation, and persuasion. If an agreement to eliminate the unfair practice cannot be reached, a finding to that effect must be made with a copy provided to the complainant and respondent, and the complaint is forwarded to an administrative law judge for a formal hearing on the complaint. If the judge finds that an unfair practice has occurred, the judge must order the respondent to cease and desist from the unfair practice and may order other relief.
Summary of Bill:
Specific provisions for the processing of elevator whistleblower complaints are enacted.
The Commission must notify an elevator whistleblower of completion of an investigation. Within 90 days after the notification that the investigation is complete, the Commission must issue written findings of fact and a finding that there is or there is not reasonable cause for believing an unfair practice has been or is being committed. After a reasonable cause finding, the Commission has six months to try and reach an agreement for the elimination of the unfair practice through conference, conciliation, and persuasion. The Commission may grant additional time to seek agreement based on extenuating facts and circumstances.
The Commission must notify the whistleblower's union, if any, of the complaint, the results of the investigation, and any finding that an agreement to eliminate the unfair practice cannot be reached.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.