SENATE BILL REPORT
SB 5101
As of January 19, 2025
Title: An act relating to expanding access to leave and safety accommodations to include workers who are victims of hate crimes or bias incidents.
Brief Description: Expanding access to leave and safety accommodations to include workers who are victims of hate crimes or bias incidents.
Sponsors: Senators Valdez, Hansen, Frame, Hasegawa, Liias, Nobles, Orwall, Pedersen, Saldaña, Salomon, Stanford, Wellman and Wilson, C..
Brief History:
Committee Activity: Labor & Commerce: 1/21/25.
Brief Summary of Bill
  • Expands access to leave and safety accommodations available to victims of domestic violence, sexual assault, or stalking, to include victims of hate crimes or bias incidents.
SENATE COMMITTEE ON LABOR & COMMERCE
Staff: Marlon Llanes (786-7423)
Background:

Leave and Safety Accommodation.  Under the Domestic Violence Leave Act, an employee has the right to take reasonable leave from work to obtain assistance with respect to domestic violence, sexual assault, or stalking.  A family member of a victim may also take reasonable leave.  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
  • participate in safety planning, relocate, or take other actions to increase safety.

 

An employer may not refuse to make a reasonable safety accommodation requested by a victim of domestic violence, sexual assault, or stalking, unless the accommodation would impose an undue hardship on the employer's business.  An accommodation may include a transfer, reassignment, or modified schedule.

 

An employer may require verification that the employee is a victim of domestic violence, sexual assault, or stalking, and that the leave or safety accommodation was for a permitted purpose.  

 

Discrimination.  An employer may not discriminate or retaliate against a person because the person is a victim of domestic violence, sexual assault, or stalking.

Summary of Bill:

Leave and Safety Accommodation.  An employee may take reasonable leave from work or request a reasonable safety accommodation if the employee or the employee's family member is a victim of a hate crime or bias incident.

 

An employer may require verification that the employee or family member is a victim of a hate crime or bias incident, and that the leave or safety accommodation was for a permitted purpose.  

 

Discrimination.  An employer may not discriminate or retaliate against a person because the person is a victim of a hate crime or bias incident.

 

Definitions.  Bias incident means a person's hostile expression of animus toward another person, relating to the other person's actual or perceived characteristics, of which criminal investigation or prosecution is impossible or inappropriate.  Bias incident includes incidents committed through online communication.

 

Bias incident does not include an incident in which probable cause of the commission of a crime is established, and does not include expressions of opposition or support for the actions or policies of a foreign or domestic government protected under free speech.

 

Hate crime means an assault, damage or destruction of property, or threat committed because of a person's perception of another person's specified characteristics, including race, gender, or religion.  Hate crime includes offenses committed through online communication.

Appropriation: None.
Fiscal Note: Requested on January 17, 2025.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.