Washington State Enacts the Employee Free Choice Act

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Patricia Tsipras

June 3, 2024

Effective June 5, 2024, Washington State enacted the Employee Free Choice Act to protect the rights of workers to refrain from attending meetings or listening to their employer’s speech on political or religious matters.

What is considered a religious or political matter?
“Political matters” are matters relating to elections for political office, political parties, proposals to change legislation, proposals to change regulations, and the decision to join or support any political party or political, civic, community, fraternal, or labor association or organization.

“Religious matters” are matters relating to religious affiliation and practice, and the decision to join or support any religious organization or association.

How does the law protect workers?
The new law applies to any employer, including the state and any instrumentality or political subdivision of the state, and prohibits the employer from subjecting or threatening to subject any employee to discipline or discharge, or otherwise penalizing or taking any adverse employment action against an employee:

• because the employee refused to (1) attend or participate in an employer-sponsored meeting, the primary purpose of which is to communicate the employer’s opinion concerning religious or political matters; or (2) listen to speech or view communications, including electronic communications, the primary purpose of which is to communicate the employer’s opinion concerning religious or political matters
• as a means of requiring an employee to attend such a meeting or participate in such communications
• because the employee makes a good faith report of a violation or a suspected violation of this law

Do any exceptions exist?
Yes.  Certain exceptions exist under the law.  For example, the law does not:

• prohibit an employer from communicating to its employees any information that the employer is required by law to communicate
• limit the rights of an employer to offer meetings, forums, or other communications about religious or political matters for which attendance or participation is strictly voluntary
• limit the rights of an employer from communicating to its employees any information, or requiring employee attendance at a meeting or other event, that is necessary for the employees to perform their job duties
• prohibit an employer from requiring its employees to attend any training intended to reduce and prevent workplace harassment or discrimination
• apply to a religious corporation, entity, association, educational institution, or society that is exempt from the requirements of Title VII of the Civil Rights Act of 1964 with respect to speech on religious matters to employees who perform work connected with the activities undertaken by such entities

Do any notice requirements exist?
Yes.  An employer subject to the new law must post a notice of employees’ rights in a place normally reserved for employment-related notices and in a place commonly frequented by employees.

What penalties exist under the law?
Aggrieved employees may bring civil actions to enforce the law no later than 90 days after the date of the alleged violation.

The court may award a prevailing employee all appropriate relief, including, but not limited to, injunctive relief, reinstatement to the employee’s former position or an equivalent position, back pay and reestablishment of any employee benefits, to which the employee would otherwise have been eligible if the violation had not occurred.

Employer Takeaways
This law makes Washington State the sixth state in the nation to prohibit employers from disciplining or terminating employees who refuse to attend “captive audience” meetings.  Oregon, Connecticut, Minnesota, Maine, and New York have passed similar laws.  Be sure that your Human Resources professionals and managers are trained on this new law and work to ensure compliance with it, particularly as we approach the Presidential Election.

The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania.  This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, Washington, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist.  Always consult an attorney with specific legal issues.