PROTECTION OF WHISTLEBLOWERS UNDER THE LAW AGAINST DISCRIMINATION

It is an unfair practice to retaliate against a "whistleblower" (RCW 49.60.210). If you work for the state (agencies and institutions of higher education) and believe that your employer retaliated against you for being a whistleblower, you may file a complaint with the Human Rights Commission.

First, are you a whistleblower as defined in the law?

"Whistleblower" means employees of state agencies and institutions of higher education who report in good faith an alleged improper governmental action to the State Auditor, initiating an investigation under RCW 42.40. It also covers persons who are believed to be whistleblowers. Persons who give information to the Auditor during an investigation are also protected.

Second, did your employer subject you to reprisal or retaliatory action?

In the normal course of work, your employer still has the right to assign work, discipline, or even terminate you - even if you are a whistleblower. But your employer cannot take these actions simply because you are a whistleblower. That's retaliatory.

Third, know that the law is changing...

Historically, the law has required you to show the connection between your employer's actions and your status as a whistleblower. In effect, you had to offer specific evidence that they retaliated because you were a whistleblower.

However, legislation enacted this year (SB 5672) has changed this.

For incidents and actions that occur on or after July 25, 1999, The Whistleblower Act (RCW 42.40.050) provides that if you can show:

(a) You're a whistleblower, and

(b) Your employer took some adverse employment action against you,

Then you have established a "rebuttable presumption" that your employer retaliated.

What Happens During the Commission Investigation?

A Commissioner Investigator will gather evidence and interview relevant agency officials and witnesses to try to determine the facts of the case. Under the law, your employer may rebut the presumption that they retaliated. To do so, they must prove by a "preponderance of the evidence" that their action was unrelated to your status as a whistleblower.

Filing a Complaint with the Human Rights Commission

If you believe your employer has retaliated against you for being a whistleblower, contact the nearest Commission Office and ask to speak to an Intake Officer.