H-2027.1

SUBSTITUTE HOUSE BILL 2018

ByHouse State Government & Tribal Relations (originally sponsored by Representatives Morgan, Jinkins, Harris, Bergquist, Appleton, Cody, Tharinger, Pollet, Fey, Tarleton, Goodman, Pettigrew, Doglio, Senn, Lovick, Dolan, Kilduff, Ryu, Thai, Stanford, Lekanoff, Wylie, Slatter, Hansen, Shewmake, Robinson, Chapman, Santos, Walen, Chopp, Fitzgibbon, Hudgins, Leavitt, Macri, Valdez, Irwin, Reeves, Pellicciotti, Frame, and Ormsby)

AN ACT Relating to harassment and discrimination by legislators and legislative branch employees; and adding a new section to chapter 42.52 RCW.

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

NEW SECTION.  Sec. 1. A new section is added to chapter 42.52 RCW to read as follows:

(1) No legislator or employee of the legislative branch may unlawfully harass or unlawfully discriminate against:

(a) Another legislator or employee of the legislative branch;

(b) Any person who interacts with legislators or employees of the legislative branch on state property; or

(c) Any person who interacts with legislators or employees of the legislative branch on official state business, including work-related receptions, dinners, or other events.

(2) For purposes of this section:

(a) "Unlawfully harass" means to engage in an intentional electronic, written, verbal, or physical act, or series of acts, that:

(i) Physically harms a person or damages the person's property;

(ii) Has the effect of interfering with the person's work;

(iii) Creates an intimidating or threatening work environment;

(iv) Has the effect of substantially disrupting the orderly operation of the workplace; or

(v) Constitutes sexual harassment.

(b) "Sexual harassment" means unwelcome or coercive sexual advances, requests for sexual favors, sexually motivated bullying, sexually motivated physical contact, or other verbal, psychological, or physical conduct or communication of a sexual nature if:

(i) Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment;

(ii) Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment; or

(iii) That conduct or communication has the purpose or effect of interfering with an individual's work performance, or of creating an intimidating, hostile, or offensive work environment.

(c) "Unlawfully discriminate" means to discriminate based on a person's race; color; national origin; gender; gender expression or identity; sexual orientation; religion; marital status; family status; pregnancy; military or veteran status; age; genetic status; physical, mental, or sensory disability; use of a service animal; or any other status protected by federal or state law.

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