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:
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.
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.
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 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.
Definition. 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.
The committee recommended a different version of the bill than what was heard. PRO: This bill is a continuation of recent legislation relating to hate crimes, including last year's bill that established the hate crimes and bias incidents hotline. Washington is among the states with the highest number of hate crimes in the country, and that number is only increasing. Hate crimes and bias incidents are unique offenses because they attack a person's identity and often lead to anxiety or PTSD. Victims may need leave to recover from injuries, attend court, or adjust routines to avoid the offender. A victim should be able to recover without fear of adverse economic consequences. A worker who is given leave for these purposes is ultimately more productive when they return and less prone to burnout.
OTHER: This bill may have unintended consequences. The definition of bias incident is too broad, and should be different than the definition for the hotline. The broad definition could inadvertently suppress protected speech. An employee could misuse this leave. Since individual employers are left to decide what qualifies as a bias incident, they could be liable if their interpretation is too narrow or broad. It is important for businesses to understand what qualifies as a bias incident, especially because this bill subjects them to a civil penalty. There are concerns that domestic violence organizations have not been consulted. Bias incidents should be removed from this bill.
No public hearing was held.
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