SENATE 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

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):February 25, 1988

Senate Staff:Stephen Boruchowitz (786-7429)

AS OF FEBRUARY 17, 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.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 17, 1988