BILL REQ. #:  H-2929.1 

Read first time 03/14/2007.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to prohibiting employers from requiring employees to participate in certain communications about political, religious, or labor organizing matters; adding new sections to chapter 49.44 RCW; providing an effective date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this section and sections 2 and 3 of this act unless the context clearly requires otherwise.
     (1) "Employer" means an employer, as defined in RCW 49.12.005(3)(b), and includes any person acting in the interest of such an employer.
     (2) "Employee" means the same as provided in RCW 49.12.005(4).
     (3) "Labor organization" means any organization that exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment.
     (4) "Political matters" includes political party affiliation or the decision to join or not join a lawful, political, social, or community group or activity, or a labor organization.

NEW SECTION.  Sec. 2   (1)(a) It is unlawful for an employer to require its employees to attend an employer-sponsored meeting or to participate in any communications with the employer if the primary purpose is to communicate the employer's opinion about religious or political matters.
     (b) This subsection does not:
     (i) Apply to communications about religious or political matters that the employer is required by law to communicate to employees, but only to the extent of such requirement;
     (ii) Prohibit a religious organization from requiring its employees to attend an employer-sponsored meeting or to participate in any communications with the employer if the primary purpose is to communicate the employer's religious beliefs, practices, or tenets;
     (iii) Prohibit a political organization from requiring its employees to attend an employer-sponsored meeting or to participate in any communications with the employer if the primary purpose is to communicate the employer's political tenets or purposes; or
     (iv) Prohibit an educational institution from requiring student instructors to attend lectures on political or religious matters that are part of the regular coursework at such institution.
     (2) An employer may not discharge or in any manner discriminate against, or threaten to discharge or discriminate against, an employee because the employee, or a person acting on behalf of the employee, makes a good faith report, orally or in writing, of a violation or a suspected violation of this section. This subsection does not apply when the employee knows that such report is false.

NEW SECTION.  Sec. 3   (1) An employee aggrieved by a violation of section 2 of this act may, within ninety days after the date of the alleged violation, bring a civil action in the superior court for the county where the violation is alleged to have occurred or where the employer has its principal office. The court may award a prevailing employee all appropriate relief, including rehiring or reinstatement of the employee to the employee's former position with back pay and without loss of seniority or benefits to which the employee would otherwise have been eligible if such violation had not occurred. The court shall award a prevailing employee treble damages, together with reasonable attorneys' fees and costs.
     (2) This section does not limit an employee's right to bring a common law cause of action against an employer for wrongful termination or diminish or impair the rights of a person under a collective bargaining agreement.

NEW SECTION.  Sec. 4   Sections 1 through 3 of this act are each added to chapter 49.44 RCW.

NEW SECTION.  Sec. 5   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 6   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007.