Washington § 49.92.020 - Unfair practices — Protections — Notice. (Effective January 1, 2027.)

(1) It is an unfair practice for any employer to:

(a) Fail or refuse to make reasonable accommodation for an employee for pregnancy, unless the employer can demonstrate that doing so would impose an undue hardship on the employer's program, enterprise, or business;

(b) Take adverse action against an employee who requests, declines, or uses an accommodation under this section that affects the terms, conditions, or privileges of employment;

(c) Deny employment opportunities to an otherwise qualified employee if such denial is based on the employer's need to make reasonable accommodation required by this section;

(d) Require an employee to take leave if another reasonable accommodation can be provided for the employee's pregnancy.

(2) An employer may request that the employee provide written certification from the employee's treating health care professional regarding the need for reasonable accommodation, except for accommodations listed in RCW 49.92.010(6) (a), (b), (d), and (h) and limits on lifting over 17 pounds.

(3)(a) This chapter does not require an employer to create additional employment that the employer would not otherwise have created, unless the employer does so or would do so for other classes of employees who need accommodation.

(b) This chapter does not require an employer to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job, unless the employer does so or would do so to accommodate other classes of employees who need accommodation.

(4) Any break time and any time traveling to a location, identified by the employer and employee as provided in RCW 49.92.010(6)(h), to express milk must be paid to the employee at the employee's regular compensation rate. An employee must not be required to use paid leave during break or travel time to express milk during work. Any break time to express milk is in addition to meal and rest periods under chapter 49.12 RCW.

(5) The department must provide online education materials explaining the respective rights and responsibilities of employers and employees who have a health condition related to pregnancy or childbirth. The online education materials must be prominently displayed on the department's website.

(6) The public records exemption in RCW 42.56.705 applies to records maintained pursuant to this chapter.

Effective date—2026 c 76: See note following RCW 42.56.705.

Effective date—2025 c 379: "This act takes effect January 1, 2027." [ 2025 c 379 s 10.]