HOUSE OF REPRESENTATIVES

                      Olympia, Washington

Bill Analysis      Bill No. SSB 5672

Retaliating against a whistleblower.

Brief Title                              Hearing Date: 3/23/99

Senators Kline, Costa, and Prentice.       Staff: Steve Lundin

Sponsor(s)                          State Government Committee

                                              Phone:  786-7127

BACKGROUND:

Legislation was enacted in 1982 establishing a whistleblower protection program for state employees, to encourage state employees to report improper governmental actions and to protect the rights of state employees who make such disclosures.

Employees who provide information about improper governmental action in good faith are protected from retaliatory action and have remedies available under the Human Rights Commission laws.  A retaliatory action could include a number of actions, such as frequent staff changes, frequent and undesirable office changes, refusal to assign meaningful work, demotion, reduction in pay, denial of a promotion, suspension, dismissal, and a supervisor or superior encouraging co-workers to behave in a hostile manner toward the whistleblower.

An agency is allowed to exercise its supervisory authority over a whistleblower, including terminating, suspending, or disciplining such an employee.  However, the agency is required to implement any order made by the Human Rights Commission, other than an order of suspension if the agency has terminated the retaliator.

SUMMARY:

Changes are made to the retaliatory action provisions of the state whistleblower law.

A presumption is established for a cause of action if a retaliatory action occurs, including any of the listed types of retaliatory actions.  The agency presumed to have taken retaliatory action may rebut that presumption by providing a preponderance of the evidence that the agency actions were justified by reasons unrelated to the employee=s status as a whistleblower.

The list of retaliatory actions is expanded to include a change in the Aphysical location@ of the employee [?? a change in the employee=s workplace??] or a change in the basic nature of the employee=s job, if either are in opposition to the employee=s expressed wish.

FISCAL NOTE:  Available.

EFFECTIVE DATE:  Ninety days after adjournment of session in which bill is passed.