To which entities does RCW 49.44.200 apply?
Any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or other activity in this state and employs one or more employees, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" includes an agent, a representative, or a designee of the employer.
What data is covered?
An employee’s or applicant’s login information to their personal social networking accounts.
What are the compliance requirements?
The law restricts an employer’s ability to access an applicant’s or employee’s social media account in a manner that enables the employer to observe the contents of the account such as, but not limited to, requiring their login information, or to add a person, including the employer, to the list of contacts associated with the employee's or applicant's personal social networking account.
It prohibits employers from taking adverse action against an employee or applicant because the employee or applicant refuses to grant access to their account with some exceptions.
Legal Authority: Washington State Labor and Industries
Law/regulations: RCW 49.44.200 Personal social networking accounts –
Restrictions on employer access
University Policy: None
Privacy Owners: AVP for Human Resources
RCW 49.44.240 Discrimination based upon cannabis use.
To which entities does apply?
This law applies to employers in Washington state including state agencies and institutions of higher education.
What data is covered?
Data that reveals an individual’s cannabis use.
What are the compliance requirements?
It is unlawful for an employer to discriminate against a person in the initial hiring for employment if the discrimination is based upon:
- The person's use of cannabis off the job and away from the workplace; or
- An employer-required drug screening test that has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.
The law provides for some exceptions.
Legal Authority: Washington State Labor and Industries Department
Law/regulations: RCW 49.44.240
University Policy: None.
Privacy Owners: AVP for Human Resources
Drug Testing Laws for Positions Requiring a CDL License
State laws require employers who employ individuals whose job duties require a Commercial Driver’s License (CDL) to conduct the following tests:
- Pre-employment testing
- Random testing
- Post-accident testing
- Reasonable suspicion testing
- Return-to-duty testing
- Follow-up testing
It’s important to note that marijuana, even if legal for recreational or medical use in the state of Washington, remains a prohibited substance under DOT regulations for safety-sensitive positions like truck driving. This includes any legally-prescribed medications that contain opioids, at least up to the specified cutoff level.
Federal regulations identify who is subject to testing, when they are tested, and in what situations. The regulations also impose privacy protections and restrictions on employers and service agents against the use and release of sensitive drug and alcohol testing information (49 CFR Part 382.405).
Legal Authority: Washington State Department of Licensing
US Department of Transportation
Law/regulations: RCW 46.25
49 CFR Part 40
49 CFR Part 382
University Policy: POL-U5410.04 Drug and Alcohol Testing for US DOT
Privacy Owners: AVP for Human Resources
To which entities does RCW 49.12 apply?
Any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.
However, this chapter and the rules adopted thereunder apply to public employers only to the extent that this chapter and the rules adopted thereunder do not conflict with: (i) Any state statute or rule; and (ii) respect to political subdivisions of the state and any municipal or quasi-municipal corporation, any local resolution, ordinance, or rule adopted under the authority of the local legislative authority before April 1, 2003.
What data is covered?
Records contained within the employee’s own personnel file(s).
See definition of Personnel File in the State Administrative Policy – Employee Access to Personnel File.
What are the compliance requirements?
Every employer shall, at least annually, upon the request of an employee, permit that employee to inspect any or all of his or her own personnel file(s). Such files shall be made available locally within a reasonable period of time (generally within 10 business days) after the employee requests the file(s).
The employer shall permit an employee to request the correction or removal of any irrelevant or erroneous information in the files and the ability to file a statement containing the employee's rebuttal or correction if their request is denied. A former employee shall retain the right of rebuttal or correction for a period not to exceed two years.
RCW 49.12.240 and 49.12.250 do not apply to:
- The records of an employee relating to the investigation of a possible criminal offense.
- Information or records compiled in preparation for an impending lawsuit which would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
Legal Authority: Washington State Labor and Industries
Law/regulations: RCW 49.12.240 Employee Inspection of Personnel File
RCW 49.12.250 Employee Inspection of Personnel File –
Erroneous or disputed information.
WAC 296-126-050 Employment Records.
University Policy: None.
State L&I Policy: Employee Access to Personnel File Policy (ES.C.7)
Privacy Owners: AVP for Human Resources