Hate Crimes laws in the workplace
Our last bill analysis before Christmas. Apologies for the copious amounts of coal WA Democrats have put in your stockings.
More expansion on Hate Crimes coming at you in 2025 with SB 5101, pre-filed on 12/23.
This bill extends existing leave benefits for victims of domestic violence to victims of "hate crimes" and/or "bias incidents", expanding the protected categories
Hate Crimes and Bias Incidents: Previously, workers could take leave if they were victims of domestic violence, sexual assault, or stalking. SB 5101 adds hate crimes and bias incidents to this list, recognizing these as equally significant traumas that can affect one's ability to work.
Purpose of Leave: The leave can be used for legal proceedings, medical treatment, obtaining services from shelters or counseling centers, and for safety planning, which now includes actions to protect against hate crimes and bias incidents.
There are a number of concerns we have with SB 5101
Economic Impact: This bill would likely put a strain on small business operations, particularly in terms of staffing and productivity.
Administrative Overhead: The requirement for verification of leave could lead to increased paperwork and stress on current staffing.
Privacy vs. Transparency: The strict confidentiality rules could raise concerns about transparency within the workplace or complicate investigations.
Legal Ambiguity: The broad definitions of hate crimes and bias incidents are left open to interpretation, potentially leading to legal challenges or misuse.
Costs: There are concerns about the financial implications, from increased insurance costs to the expenses of implementing safety accommodations.
Potential for Abuse: given the hate crimes hotline and new “domestic extremism task force” in Washington we have great concerns that the expansion of leave rights might be exploited.
"Victims" may provide documentation to support their leave. Among these documents could be a note from an "advocate" (the hate crimes hotline is staffed with "advocates") or clergy and/or the employee's written statement.
This bill pairs nicely with SB 5038 which expands the definitions of hate crimes in Washington. You can learn more about SB 5038 at the video below
Digging deeper…the hate crimes agenda is a federal policy, with federal funding. Even if you don’t live in WA, you are funding these policies around the country.
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