Sexual harassment is a form sex discrimination involving unwelcome sexual advances or conduct that creates an intimidating, hostile, or offensive working environment.  The Washington Law Against Discrimination (WLAD) prohibits sex discrimination, including sexual harassment, in employment.  If a worker is injured by this form of discrimination or an unfair practice under the WLAD, the worker can file a complaint with the Human Rights Commission (HRC) and/or file a lawsuit against the employer.  Similar protections are afforded by the federal Civil Rights Act of 1964, which entitles employees of certain employers to protections by the Equal Employment Opportunity Commission (EEOC).

The WLAD imposes specific requirements for employers of isolated employees, including any janitor, security guard, hotel or motel housekeeper, or room service attendant who also spends a majority of her or his working hours alone or whose primary work responsibility involves working without another coworker.  Every hotel, motel, retail, or security guard entity, or property services contractor who employs one or more isolated employees must:

• adopt a sexual harassment policy and provide mandatory training to the employer's managers, supervisors, and employees;
• provide isolated employees with a list of resources, including contact information of the EEOC, HRC, and local advocacy groups focused on preventing sexual harassment and sexual assault; and
• provide isolated employees with panic buttons, with exceptions for security guard companies.

Property services contractors providing commercial janitorial services must submit certain information to L&I, including the number of employees who completed training, and the number of covered employees and their work locations and hours.

The Department of Labor and Industries (L&I) administers requirements pertaining to isolated employees. 

The WLAD requirements for employers of isolated employees are modified.

"Isolated employee" includes any janitor, security guard, hotel or motel housekeeper, or room service attendant who performs work in an area where two or more coworkers, supervisors, or a combination thereof are unable to immediately respond to an emergency without being summoned by the employee, or who spends at least 50 percent of her or his working hours without a supervisor or another coworker present.

Training.  An employer must document completion of the mandatory training, and provide the documentation to L&I upon request.

Panic Buttons.  The mandatory training must inform isolated employees on how to use panic buttons, and inform managers and supervisors on the responsibility to respond to the use of panic buttons.  An employer must maintain records of the purchase and utilization of panic buttons, and make those records available to L&I upon request.  A panic button must:

• be designed to be carried by the isolated employee;
• be simple to activate without delays caused by entering passwords or waiting for the system to turn on;
• provide an effective signal for the circumstances when activated; and
• be able to summon immediate assistance and allow responders to accurately identify the isolated employee's location.

Reporting.  Property services contractors providing commercial janitorial services must submit required information to L&I at least annually. 

Enforcement by the Department of Labor and Industries.  L&I is directed to enforce the isolated employee provisions.  L&I must investigate if a complaint is filed or if L&I has reason to believe that an employer has committed a violation.  Except when a violation is otherwise resolved, L&I must either issue a citation assessing a civil penalty or a closure letter.  If a violation has occurred, L&I may order the employer to pay a civil penalty of $1,000 for each willful violation.  For a repeat willful violator, the citation assessing a civil penalty must be at least $2,000 for each repeat willful violation, but no greater than $10,000 for each repeat willful violation.  L&I may waive or reduce a civil penalty if it determines that the employer has taken corrective action to resolve the violation.