CERTIFICATION OF ENROLLMENT
SUBSTITUTE
SENATE BILL 5672
Chapter 283, Laws of 1999
56th Legislature
1999 Regular Session
WHISTLEBLOWERS--RETALIATORY
ACTIONS
EFFECTIVE DATE: 7/25/99
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Passed by the Senate April 23,
1999
YEAS 41 NAYS 1
 BRAD
OWEN
President of the Senate
Passed by the House April 19, 1999
YEAS 96 NAYS 0
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CERTIFICATE
I, Tony M. Cook, Secretary of the Senate of the State of Washington,
do hereby certify that the attached is SUBSTITUTE SENATE BILL 5672 as
passed by the Senate and the House of Representatives on the dates hereon set
forth.
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CLYDE BALLARD
Speaker of the
House of Representatives
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 TONY M. COOK
Secretary
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FRANK CHOPP
Speaker of the
House of Representatives
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Approved May 13, 1999 Place Style On Codes
above, and Style Off Codes below.
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FILED
May 13, 1999 - 3:17 p.m.
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GARY LOCKE
Governor of the State of Washington
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Secretary of State
State of Washington
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_______________________________________________
SUBSTITUTE
SENATE BILL 5672
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 1999 Regular Session
State
of Washington 56th Legislature 1999 Regular Session
By
Read
first time 02/18/1999.
Retaliating against a whistleblower.
AN
ACT Relating to retaliatory action against a whistleblower; and amending RCW
42.40.050.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
42.40.050 and 1992 c 118 s 3 are each amended to read as follows:
(1)
Any person who is a whistleblower, as defined in RCW 42.40.020, and who ((as
a result of being a whistleblower)) has been subjected to workplace
reprisal or retaliatory action ((has)) is presumed to have
established a cause of action for the remedies provided under chapter 49.60
RCW. For the purpose of this section "reprisal or retaliatory
action" means but is not limited to any of the following:
(((1)))
(a) Denial of adequate staff to perform duties;
(((2)))
(b) Frequent staff changes;
(((3)))
(c) Frequent and undesirable office changes;
(((4)))
(d) Refusal to assign meaningful work;
(((5)))
(e) Unwarranted and unsubstantiated letters of reprimand or
unsatisfactory performance evaluations;
(((6)))
(f) Demotion;
(((7)))
(g) Reduction in pay;
(((8)))
(h) Denial of promotion;
(((9)))
(i) Suspension;
(((10)))
(j) Dismissal;
(((11)))
(k) Denial of employment; ((and))
(((12)))
(l) A supervisor or superior encouraging coworkers to behave in a
hostile manner toward the whistleblower; and
(m)
A change in the physical location of 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.
(2)
The agency presumed to have taken retaliatory action under subsection (1) of
this section may rebut that presumption by proving by a preponderance of the
evidence that the agency action or actions were justified by reasons unrelated
to the employee's status as a whistleblower.
(3)
Nothing in this section prohibits an agency from making any decision exercising
its authority to terminate, suspend, or discipline an employee who engages in
workplace reprisal or retaliatory action against a whistleblower. However, the
agency also shall implement any order under chapter 49.60 RCW (other than an
order of suspension if the agency has terminated the retaliator).
Passed the Senate April 23, 1999.
Passed the House April 19, 1999.
Approved by the Governor May
13, 1999.
Filed
in Office of Secretary of State May 13, 1999.