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Washington Expands Employment Discrimination Protections for Victims of Domestic Violence

05/03/18

Author: ADP Admin/Tuesday, May 1, 2018/Categories: Compliance Corner , Washington

House Bill 2661, “an Act relating to protecting survivors of domestic violence, sexual assault, and stalking from employment discrimination,” expands protection against discrimination in the workplace. The Act also adds a new section requiring reasonable safety accommodations.

Under the Act, all employers in Washington State will be prohibited from: (1) refusing to hire a qualified individual because he or she is an actual or perceived victim of domestic violence, sexual assault, or stalking; (2) discharging, threatening to discharge, demoting, suspending, or in any way discriminating or retaliating against an individual because he or she is an actual or perceived victim of domestic violence, sexual assault, or stalking; and (3) refusing to make a reasonable safety accommodation requested by a victim of domestic violence, sexual assault, or stalking, unless such an accommodation would pose an undue hardship on the operation of the employer’s business.

Examples of reasonable safety accommodations are:
  • Transfers or reassignments;
  • Modified job schedules;
  • Changes in work telephone number, email address, or workstation;
  • Installed locks;
  • Implementing safety procedures; or
  • Any other adjustment to a job structure, workplace facility, or work requirement in response to an actual or threatened domestic violence, sexual assault, or stalking.
As a condition of taking leave under the Act, the employee must provide the employer advance notice of his or her intent to take such leave. Leave may be paid (such as sick leave or other paid time off or compensatory time) or unpaid. If the leave is foreseeable, the employee must provide notice consistent with the employer’s notice policy. If the leave is unforeseeable or based on an emergency due to domestic violence, sexual assault, or stalking, the employee, or his or her designee, must provide notice to the employer no later than the end of the first day of the leave.

Employers may require proof for an employee’s need for leave or a reasonable safety accommodation. The proof can include, but is not limited to: (1) a police report; (b) a court order protecting or separating the employee, or the employee’s family member, from the perpetrator; (c) other evidence from the court or prosecuting attorney that the employee, or the employee’s family member, appeared or is scheduled to appear in court in connection with an incident of domestic violence, sexual assault, or stalking; or (d) documentation from an advocate, attorney, member of the clergy, or medical or other professional(s) that the employee, or the employee’s family member, is a victim of domestic violence, sexual assault, or stalking. If the employee’s leave is for a family member who is a victim, the employer may also require proof of the employee’s familial relationship.

Coverage: Employers with employees in Washington.

Effective: June 7, 2018

Action Required: You should modify your policies and/or practices as appropriate to ensure that your supervisors are prepared to receive and respond to leave requests and requests for reasonable accommodation or notify an appropriate company representative of such request.

As always, please feel free to contact your Human Resources Business Partner if you have any questions.

*Produced in cooperation with Jackson Lewis P.C.

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Tags: 05/03/18

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