SENATE BILL REPORT
SSB 5110
As Passed Senate, February 15, 2023
Title: An act relating to adding penalties for certain prohibited practices in chapter 49.44 RCW.
Brief Description: Adding penalties for certain prohibited practices in chapter 49.44 RCW.
Sponsors: Senate Committee on Labor & Commerce (originally sponsored by Senators Keiser and Kuderer).
Brief History:
Committee Activity: Labor & Commerce: 1/12/23, 1/17/23 [DPS, DNP].
Floor Activity: Passed Senate: 2/15/23, 28-21.
Brief Summary of First Substitute Bill
  • Adds penalties for the provisions in the Revised Code of Washington, Chapter 49.44 that do not already have specified criminal or civil remedies. 
SENATE COMMITTEE ON LABOR & COMMERCE
Majority Report: That Substitute Senate Bill No. 5110 be substituted therefor, and the substitute bill do pass.
Signed by Senators Keiser, Chair; Conway, Vice Chair; Saldaña, Vice Chair; Robinson and Stanford.
Minority Report: Do not pass.
Signed by Senators King, Ranking Member; Braun, MacEwen and Schoesler.
Staff: Jarrett Sacks (786-7448)
Background:

The Revised Code of Washington (RCW), Chapter 49.44, contains various prohibited employment practices, such as:

  • requiring lie detector tests as a condition of employment;
  • public employers misclassifying an employee to avoid providing employment-based benefits;
  • requiring genetic screening as a condition of employment;
  • requesting, requiring, or coercing an employee to grant access to personal social media accounts; 
  • age discrimination; and
  • obtaining individually identifiable information regarding an employee's participation in an employee assistance program. 

 

Some provisions in RCW 49.44 have prescribed civil or criminal remedies while others do not. 
Summary of First Substitute Bill:

An employee, applicant, or prospective applicant may bring a civil action for a violation of a provision in RCW 49.44 unless a criminal or civil remedy is otherwise specified.

 

In a civil action brought under the bill, a court may award any prevailing employee, applicant, or prospective applicant injunctive or other equitable relief, actual damages, and a penalty of no less than $500 and no more than $1,000. The court must award any prevailing employee, applicant, or prospective applicant reasonable attorneys' fees and costs.
Appropriation: None.
Fiscal Note: Available.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony on Original Bill:

The committee recommended a different version of the bill than what was heard. PRO: The bill tries to harmonize the prohibited employment practices statutes, where there are statutes without any enforcement mechanism. For example, the prohibition on genetic testing has no remedy in statute. These sections need enforcement provisions. A right that exists without enforcement is not really a right.

 

CON: 49.44 RCW is a catch-all chapter for employment practices. A one-size-fits-all approach does not work here. Instead, the Legislature should look at the individual statutes.
Persons Testifying: PRO: Senator Karen Keiser, Prime Sponsor; Kelli Carson, Washington State Association for Justice; John Traynor, Washington State Labor Council, AFL-CIO.
CON: Bob Battles, Association of Washington Business (AWB).
Persons Signed In To Testify But Not Testifying: No one.