H-334                _______________________________________________

                                                     HOUSE BILL NO. 36

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Wang, Patrick, Sayan, Fisher, R. King, Lux and Belcher

Read first time 1/14/87 and referred to Committee on Commerce & Labor.

AN  ACT Relating to prohibiting retaliatory actions by employers; and adding a new section to chapter 50.36 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 50.36 RCW to read as follows:

          (1) No employer may discharge or in any manner discriminate against any employee because such employee has filed or communicated to the employer an intent to file a claim for compensation or exercises any rights provided under this title.

          (2) Any employee who believes that he or she has been discharged or otherwise discriminated against by an employer in violation of this section may file a complaint with the commissioner alleging discrimination within ninety days of the date of the alleged violation.  Upon receipt of such complaint, the commissioner shall cause an investigation to be made as the commissioner deems appropriate.  Within ninety days of the receipt of a complaint filed under this section, the commissioner shall notify the complainant of his or her determination.  If upon such investigation, it is determined that this section has been violated, the commissioner shall bring an action in the superior court of the county in which the violation is alleged to have occurred.

          (3) If the commissioner determines that this section has not been violated, the employee may institute the action on his or her own behalf.

          (4) In any action brought under this section, the superior court shall have jurisdiction, for cause shown, to restrain violations of subsection (1) of this section and to order all appropriate relief including rehiring or reinstatement of the employee with back pay.