Washington protects employee assistance program information

Washington has enacted legislation (Senate Bill 5564) that restricts employers' use of employee assistance program (EAP) data. Senate Bill 5564 takes effect on June 9, 2022.

The Details:

Under the law, employers must keep information gathered in the process of conducting an EAP confidential, and they cannot obtain individually identifiable information regarding an employee's participation in an EAP. These restrictions do not apply to disclosures that:

• Cover certain levels of poor performance;
• Are given to an employer regarding their employee's attendance in an EAP, which was compulsory as a condition of the employee's continued employment; and
• Prevent or lessen a perceived threat to the health or safety of a person or the public; or are permitted or required by law.

Nonretaliation:

Employers cannot factor an employee's participation or nonparticipation in an EAP when making a decision that affects the employee's job security, promotional opportunities, corrective or disciplinary action, or other employment rights.

Next Steps:

Washington employers should update their policies and practices,and provide supervisor training to ensure compliance with Senate Bill 5564.