Under the Washington Domestic Violence Leave Act (DVLA), employees have the right to take reasonable leave from work, intermittent leave, or leave on a reduced leave schedule to obtain assistance with domestic violence, sexual assault, or stalking. Leave may be taken to address legal or law enforcement needs; seek treatment for physical or mental injuries; obtain mental health counseling; obtain services from a shelter, center, or other social services program; or to participate in safety planning, relocate, or take other actions to increase safety. Family members of a victim may also take reasonable leave.
An employer may require verification that the employee or the employee's family member is a victim and that the leave was taken for a permitted purpose. A police report, a protection order, documentation from a victims' advocate, or an employee's written statement satisfies the verification requirements.
An employer may not discriminate against an individual because that individual is or is perceived to be a victim of domestic violence, sexual assault, or a hate crime by:
An employee who is not granted leave may file a complaint with the Department of Labor and Industries (L&I), which must investigate each complaint. The Director of L&I may impose a fine of up to $500 for the first infraction and up to $1,000 for a subsequent infraction within three years of a previous infraction. An employee may also bring a civil cause of action to enjoin violations and to recover actual damages, costs, and reasonable attorneys' fees. Employers are prohibited from retaliating against an employee for exercising the employee's rights.
Leave under the DVLA may be paid or unpaid. Employees may use paid sick leave for the purposes specified in the DVLA.
Victims of domestic violence, sexual assault, or stalking are entitled to notification of their right to reasonable leave under the DVLA.
Protections of the DVLA are expanded to employees who are the victims of hate crimes or whose family members are the victims of hate crimes. These employees may take reasonable leave from work or request a reasonable safety accommodation. An employer may require verification that the employee or family member is a victim of a hate crime and that the leave or safety accommodation is for a permitted purpose.
Employers are prohibited from discriminating or retaliating against employees who are victims or perceived to be victims of hate crimes.
Victims of hate crimes shall be notified of their right to reasonable leave under the DVLA.
A hate crime is an assault, physical damage or destruction of property, or threat based on a person's perception of the victim's race; color; religion; ancestry; national origin; gender; sexual orientation; gender expression or identity; or mental, physical, or sensory disability.
(In support) The Legislature has increased protections for people who are the victims of hate crimes; this is the next step in that process. This extends the protections of the DVLA to employees who are the victims of hate crimes. Protections like these have been implemented in other states and for federal workers. This does not expand leave, does not lead to more prosecutions, or require victims to engage with the criminal justice system. Expanding leave is the right thing to do because the victims of hate crimes need time to recover and cope, and hate crimes often include a threat of further violence. Victims of hate crimes may need to be involved in criminal justice proceedings or health visits that occur during the day; this allows them to leave work for these events. The verification requirements are designed to be broad, and survivor-focused; they should not be narrowed.
(Opposed) None.
(Other) Support the intent of the bill but are concerned that hate crime accusations will be weaponized in the workplace in a retaliatory manner. This allows workers to assert that they are the victims of a hate crime without meeting the criminal law elements for a hate crime. This may also affect the state's ability to measure hate crimes by inflating the number of reported hate crimes in the workplace. This needs better verification requirements to avoid the misuse of the term hate crime.
(In support) Senator Javier Valdez, prime sponsor; Miri Cypers, ADL Pacific Northwest; Christoph Mair, Washington State Labor Council, AFL-CIO; Gabriel Neuman, GSBA; Cindy Sandino-Chang, Crime Survivor Services, City of Seattle; and Carey Morris, WA State Coalition Against Domestic Violence.