Washington has enacted legislation (House Bill 1795), which prevents employers from discriminating or retaliating against employees for disclosing certain employment law violations, and prohibits related nondisclosure agreements. House Bill 1795 is effective immediately.
Background:
Washington had enacted legislation (Senate Bill 5996) in 2018 that restricted the use of nondisclosure agreements that prohibited the disclosure of sexual assault or sexual harassment. House Bill 1795 changes this law and adds new provisions to address nondisclosure agreements, policies and employee discipline.
House Bill 1795:
Under the new law, an employer cannot discharge, discriminate or retaliate against a candidate, current or former employee, or independent contractor who discloses or discusses conduct that:
- They reasonably believe violates an anti-harassment, nondiscrimination, nonretaliation, wage and hour, or sexual assault prevention law; and
- Occurs in the workplace or at work-related events whether on or off the employer’s premises.
In addition, employers cannot request or require a covered individual to enter into an employment agreement, or enforce such agreement, that violates House Bill 1795. However, employers may take lawful actions to protect trade secrets, proprietary information or confidential information.
Enforcement:
Employers that are found in violation of the law may face penalties.
Next steps:
Washington employers should review, and revise where necessary, agreements and policies with nondisclosure provisions and consult legal counsel to ensure compliance with House Bill 1795.