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ENGROSSED
SUBSTITUTE HOUSE BILL 1420
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Passed
Legislature - 2001 Regular Session
State
of Washington 57th Legislature 2001 Regular Session
By
Read
first time . Referred to Committee on .
Prohibiting discrimination against volunteer fire
fighters.
AN
ACT Relating to discrimination of volunteer fire fighters; and adding a new
section to chapter 49.12 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 49.12 RCW to read as follows:
(1)
An employer may not discharge from employment or discipline a volunteer fire
fighter because of leave taken related to an alarm of fire or an emergency
call.
(2)(a)
A volunteer fire fighter who believes he or she was discharged or disciplined
in violation of this section may file a complaint alleging the violation with
the director. The volunteer fire fighter may allege a violation only by filing
such a complaint within ninety days of the alleged violation.
(b)
Upon receipt of the complaint, the director must cause an investigation to be
made as the director deems appropriate and must determine whether this section
has been violated. Notice of the director's determination must be sent to the
complainant and the employer within ninety days of receipt of the complaint.
(c)
If the director determines that this section was violated and the employer
fails to reinstate the employee or withdraw the disciplinary action taken
against the employee, whichever is applicable, within thirty days of receipt of
notice of the director's determination, the volunteer fire fighter may bring an
action against the employer alleging a violation of this section and seeking
reinstatement or withdrawal of the disciplinary action.
(d)
In any action brought under this section, the superior court shall have
jurisdiction, for cause shown, to restrain violations under this section and to
order reinstatement of the employee or withdrawal of the disciplinary action.
(3)
For the purposes of this section:
(a)
"Alarm of fire or emergency call" means responding to, working at, or
returning from a fire alarm or an emergency call, but not participating in
training or other nonemergency activities.
(b)
"Employer" means any person who had twenty or more full-time
equivalent employees in the previous year.
(c)
"Reinstatement" means reinstatement with back pay, without loss of
seniority or benefits, and with removal of any related adverse material from
the employee's personnel file, if a file is maintained by the employer.
(d)
"Withdrawal of disciplinary action" means withdrawal of disciplinary
action with back pay, without loss of seniority or benefits, and with removal
of any related adverse material from the employee's personnel file, if a file
is maintained by the employer.
(e)
"Volunteer fire fighter" means a fire fighter who:
(i)
Is not paid;
(ii)
Is not already at his or her place of employment when called to serve as a
volunteer, unless the employer agrees to provide such an accommodation; and
(iii)
Has been ordered to remain at his or her position by the commanding authority
at the scene of the fire.
(4)
The legislature declares that the public policies articulated in this section
depend on the procedures established in this section and no civil or criminal
action may be maintained relying on the public policies articulated in this
section without complying with the procedures set forth in this section, and to
that end all civil actions and civil causes of action for such injuries and all
jurisdiction of the courts of this state over such causes are hereby abolished,
except as provided in this section.
Passed the House March 13, 2001.
Passed the Senate April 18, 2001.
Approved by the Governor May
7, 2001.
Filed
in Office of Secretary of State May 7, 2001.
