Six new laws took effect in June 2018 and may impact employers in Washington State. Check out these updates and review your employment policies to make sure you are in compliance with these new regulations.
“Ban the Box” Employers are bound by additional protections for individuals with criminal convictions during the hiring process
House Bill 1298 or the “Fair Chance Act,” also known as “Ban the Box,” prohibits employers from asking applicants about arrests or convictions before a determination has been made about the applicant’s qualifications for the job. Specifically, the employer may not:
• Advertise open positions in a way that excludes people with criminal records (e.g. can’t say “no felonies”).
• Include application questions about criminal history or background.
• Automatically disqualify applications based on criminal record.
• Reject or disqualify an applicant for failure to disclose a criminal record.
This law applies to all employee applicants except:
• Applicants who will have unsupervised access to minor children or vulnerable adults;
• Applicants to financial institutions;
• Applicants for law enforcement or criminal justice agencies;
• Applicants to an entity that requires compliance with a self-regulatory organization.
Equal Pay Opportunity Act
House Bill 1506 is an update to existing state law and requires that employers pay “similarly employed” workers equal compensation and provide equal opportunities for career advancement regardless of gender. The EPOA prohibits discrimination in compensation between “similarly employed” employees. Individuals are similarly employed if: 1) they work for the same employer; 2) the performance of the job requires similar skill, effort, and responsibility; and 3) the jobs are performed under similar working conditions. Job titles are not determinative.
Discrimination does not include differences in wages based in good faith on bona fide job-related factors such as: education, training, experience, a seniority system, a merit system, a production-based earning system, or regional differences in compensation. However, an individual’s previous wage history is not a defense.
Employers may not discriminate against victims of domestic violence, sexual assault, or stalking
House Bill 2661, prohibits employers from discriminating against employees or from refusing to hire candidates who are victims of domestic violence, sexual assault, and stalking. The Bill also requires that employers provide victims of domestic violence, sexual assault, and stalking reasonable safety accommodation.
Sexual harassment or assault in nondisclosure agreements is prohibited
House Bill 5996, prohibits employer from requiring employees to sign nondisclosure agreements that include discussions of sexual harassment or assault occurring at the workplace, at work events or in any other way between the employer and employee. The new law does not prohibit settlement agreements relating to workplace sexual harassment or assault from having confidentiality provisions.
Employers may not require employees to waive their right to pursue claims of discrimination or require dispute resolution for those claims
Senate Bill 6313, prohibits employers from requiring employees to waive their right to file state or federal discrimination claims. The Bill also prohibits employers from requiring employees to agree to resolve discrimination claims through dispute resolution.
Model sexual harassment policies and best practices for employers
Senate Bill 6471, directs the state Human Rights Commission to convene a stakeholder work group to develop model policies and best practices to keep workplaces safe from sexual harassment. The purpose of this bill is to encourage employers to adopt and implement policies making workplace reporting safe, without fear of retaliation, loss of status, or loss of promotional opportunities. Aspects of this law must be met and adopted by January 1, 2019. Employers should review and revise their sexual harassment policies for compliance with this policy before the 1st quarter 2019 implementation.
Laws are changing. All employers should have a full handbook and policy review to ensure they is up to date with the ever- changing and expanding state and federal employment laws.
At K-Solutions Law, a typical handbook review takes approximately three to four hours of attorney time (time will vary depending on handbook length and missing content). Making this investment now will help you avoid or minimize disputes, distrust, and disruption in the future!
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Karen Galipeau Forner is the founder and managing member of K-Solutions Law in Bellevue, Washington. Karen represents employers in the areas of workplace safety, workers’ compensation, administrative appeals, and employment law. She is a frequent presenter at continuing legal education seminars and to employer groups. Karen has over 25 years’ experience defending and resolving a wide range of workers’ compensation, WISHA, and employment law matters. Prior to starting K-Solutions Law, Karen worked as senior attorney at a law firm in Seattle and for the Washington State Attorney General’s Office. She was the Program Advisor for the Industrial Insurance and Washington Industrial Safety and Health Act (WISHA) Discrimination Programs for more than 10 years and the Program Advisor for the Workers’ Compensation Sren also litigated complex WISHA, Industrial Insurance, Third Party, and Crime Victims Compensation Act cases. She recently served on the Washington State Bar Association Character and Fitness Board.
