BILL REQ. #:  S-3171.3 

Read first time 01/11/12.   Referred to Committee on Judiciary.

     AN ACT Relating to the protection of public policy; and adding new sections to chapter 49.60 RCW.

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

NEW SECTION.  Sec. 1   It is the intent of the legislature to protect employees who are acting in furtherance of any public policy. Common law in this area is inadequate to protect public policy and the employees who act in furtherance of public policy. Section 2 of this act creates a cause of action, separate from the common law tort of wrongful discharge, protecting employees from materially adverse actions in retaliation for conduct that promotes local, state, or federal public policy. This act intends to encourage employees to act to protect public policy by deterring employer retaliation. Illustrative examples of activities that are protected include, but are not limited to, reporting crimes or opposing unlawful actions or unsafe conditions, professional misconduct, and exercising legal rights or performing legal duties, such as voting, testifying, and attending jury duty.

NEW SECTION.  Sec. 2   (1) It is unlawful for an employer to take materially adverse action against an employee or independent contractor where retaliation is a substantial factor in the employer's decision to take action. An adverse action is not material if it has only a trivial effect.
     (2) An employee or independent contractor who is retaliated against has a civil cause of action in a court of competent jurisdiction to enjoin further violations, and to recover actual damages sustained by the employee or contractor, together with the cost of suit including reasonable attorneys' fees and any other appropriate remedy authorized by the Washington law against discrimination, RCW 49.60.030(2).
     (3) A civil cause of action is available for a violation of this section notwithstanding the existence of any other local, state, or federal statutory or administrative means of protecting public policy, and is independent of any civil cause of action or remedy that may exist at common law.
     (4) A three-year statute of limitations applies to violations of this section.
     (5) For the purposes of this section, "retaliate" means to commit a materially adverse action against an employee or independent contractor for conduct that the employee or independent contractor reasonably believes promotes a clear mandate of any public policy. Protected conduct includes, but is not limited to, the refusal to commit an illegal act, performing a legal duty or obligation, exercising a legal right or privilege, or reporting employer misconduct or whistleblowing.

NEW SECTION.  Sec. 3   Sections 1 and 2 of this act are each added to chapter 49.60 RCW.