Washington Enacts the Employee Free Choice Act

Washington has enacted the Free Choice Act which protects Washington employees from requirements by their employer to attend meetings or listen to their employer’s statements related to political or religious issues. Employees may decline to attend such meetings and are protected from retaliation where the employee, instead, chooses to perform their job duties.

Employers are prohibited from taking any negative employment action or threatening negative employment action against an employee as a result of the employee’s refusal to “attend or participate in any employer-sponsored meeting with the employer or its agent, representative, or designee” or listen to or view any communication (including emails) where the primary purpose of the meeting or communication is to “communicate the employer’s opinion concerning religious or political matters.”

The new statute does not:

• Prohibit an employer from providing employees with information it is legally required to provide;
• Limit an employer’s ability to offer meetings or communications regarding political or religious issues so long as participation and attendance is voluntary;
• Impact an employer’s ability to require employees to attend meetings or events which are necessary to allow the employee to perform their required job duties; or
• Prohibit employers from requiring employees to attend training related to workplace harassment and discrimination.

Notably, the protections and restrictions of the Employee Free Choice Act do not apply to religious entities, associations or schools, or organizations exempt from Title VII related to speech on religious matters.

Employers are required to post notice of employee rights under the new statute. The Employee Free Choice Act is effective June 6, 2024, and can be found in RCW 49.44 and here.