Washington
Washington Whistleblower Laws: Protections and How to Report
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 10 primary sources cited on this page. How we verify our legal content
Washington protects whistleblowers through the State Employee Whistleblower Protection Act (RCW 42.40), which covers state employees who report improper governmental actions to the State Auditor, and through a common law public policy exception that shields private-sector workers who report employer misconduct or refuse illegal activities.
Overview of Washington Whistleblower Laws
Washington is an employment-at-will state, meaning employers can generally terminate employees for any reason or no reason. However, Washington provides some of the most comprehensive whistleblower protections in the country through both common law and a wide range of statutes.
The State Employee Whistleblower Protection Act (RCW 42.40), originally enacted in 1982 and amended multiple times since, covers state employees who report improper governmental actions. Additional statutes protect workers in the private sector across many specific contexts. Washington also recognizes a strong common law public policy exception that provides a foundation of protection for all employees.
Federal whistleblower protections also apply to Washington workers. For a complete overview, see our guide to Federal Whistleblower Laws.
Common Law Protections
Washington courts recognize a broad public policy exception to the employment-at-will doctrine. Under this exception, employers cannot terminate employees for reasons that violate clearly established public policy. Courts look to statutes, constitutional provisions, and judicial precedent to identify applicable public policies.
Washington's common law protection covers employees who:
- Refuse to participate in illegal activities
- Exercise a legal right or privilege
- Report misconduct by the employer
- Perform a public duty (such as jury service)
To succeed on a common law claim, an employee must establish:
- A clear public policy was violated by the termination
- Discouraging the employee's conduct would harm the public interest
- The employee was terminated because of conduct related to the public policy
The general statute of limitations for common law claims is three years.
State Employee Whistleblower Protection Act
The State Employee Whistleblower Protection Act, codified at RCW Chapter 42.40, provides the primary framework for state employee whistleblower complaints.
Who Is Protected
RCW 42.40.020(2) defines a covered "employee" as any individual employed or holding office in any department or agency of state government. Coverage of the legislative and judicial branches is not automatic: under RCW 42.40.910, the senate, the house of representatives, and the supreme court each adopt their own policies on whether chapter 42.40 RCW applies to them, so legislative and judicial staff should check their branch's policy before assuming the State Auditor route is open. State law preserves the confidentiality of people who file whistleblower complaints and of people who provide information during investigations.
What Constitutes Improper Governmental Action
Under RCW 42.40.020(6), "improper governmental action" means any action by an employee undertaken in the performance of the employee's official duties that:
- Is a gross waste of public funds or resources
- Violates federal or state law or rule, if the violation is not merely technical or of a minimum nature
- Is of substantial and specific danger to the public health or safety
- Is gross mismanagement
- Prevents the dissemination of scientific opinion or alters technical findings without scientifically valid justification
- Violates the administrative procedure act or an analogous provision barring ex parte communication about a pending matter in which the agency is a party
The definition excludes personnel actions, including grievances, promotions, transfers, performance evaluations, dismissals, and complaints of discriminatory treatment.
How to Report
State employees who wish to report improper governmental action must submit a written notification to the State Auditor. The report should include a description of the improper action, the name of the employee(s) involved, the agency, and relevant details including the date and location of the activity. Reports must be filed within one year of the occurrence of the action.
Prohibitions on Interference and Retaliation
Under RCW 42.40.030, no employee with official authority may directly or indirectly use or attempt to use that authority to intimidate, threaten, coerce, command, or influence any individual for the purpose of interfering with their right to disclose information to the State Auditor or another public official.
Disclosure of information that is prohibited by law is not authorized under the Act, unless that information is needed to substantiate a whistleblower complaint.
Retaliation Claims
If a whistleblower believes they have experienced retaliation, they may file a claim with the Washington Human Rights Commission (HRC). The Commission investigates the claim and takes appropriate action.
Penalties for Retaliation
Retaliators may face:
- A civil penalty of up to $5,000
- Suspension for up to 30 days without pay
- A letter of reprimand placed in their personnel file
Aggrieved employees may recover reinstatement with back pay and benefits, restoration of compensation increases that would have occurred, damages for humiliation and mental suffering (up to $20,000), and other appropriate relief.
Washington Medicaid Fraud False Claims Act
The Washington Medicaid Fraud False Claims Act, codified at RCW Chapter 74.66, allows whistleblowers to file qui tam lawsuits against individuals or entities that commit Medicaid fraud.
What Conduct Is Covered
The Act targets anyone who knowingly presents or causes the presentation of false claims to the state's Medicaid program, makes false statements material to false claims, or conspires to defraud the Medicaid system.
Qui Tam Provisions and Whistleblower Awards
Private individuals may bring civil actions on behalf of the state. Awards depend on the Attorney General's involvement:
- If the Attorney General proceeds with the case: The whistleblower receives 15% to 25% of the recovered proceeds, depending on the extent of the whistleblower's contribution to the prosecution.
- If the Attorney General does not proceed: The whistleblower receives 25% to 30% of the recovered proceeds.
- In cases based primarily on publicly available information rather than the whistleblower's own discoveries, the award may be reduced to no more than 10%.
Whistleblowers also receive reasonable expenses, attorney's fees, and costs, which are awarded against the defendant.
Award Reductions
If the court determines that the whistleblower planned and initiated the violation, the award may be reduced. If the whistleblower is convicted of criminal conduct related to the fraud, they are dismissed from the civil action and receive nothing.
Anti-Retaliation Protections
Under RCW 74.66.090, employers cannot retaliate against employees, contractors, or agents who report Medicaid fraud violations or assist in related legal actions. Employees who experience retaliation may recover reinstatement, two times the amount of back pay, interest, special damages, litigation costs, and reasonable attorney's fees. Claims must be filed within three years.
Additional Whistleblower Protections
Washington has numerous additional statutes that protect employees in specific contexts.
Unfair Practices (Anti-Discrimination)
Under RCW 49.60.210, it is illegal to retaliate against employees who oppose discriminatory practices, file discrimination charges, or participate in discrimination proceedings. The statute also protects individuals who assist with Office of Fraud and Accountability investigations, unless the person has provided false information.
Complaints must be filed with the Washington Human Rights Commission within six months. Remedies include reinstatement with back pay, damages for humiliation and mental suffering up to $20,000, and other appropriate relief.
Hospital Patient Abuse Reporting
Under RCW 70.124.060, anyone who reports the abuse or neglect of hospital patients to law enforcement or the department in good faith is immune from civil or criminal liability for the report. The anti-retaliation limb is narrower: it is an unfair practice under chapter 49.60 RCW for the employer to discharge, expel, or otherwise discriminate against the reporter only if that person is an employee of a state hospital.
Abuse of Vulnerable Adults
Under RCW 74.34.180, employers cannot retaliate against employees or contractors who report the abandonment, abuse, financial exploitation, or neglect of vulnerable adults receiving care in facilities or home settings.
Domestic Violence Leave
Under RCW 49.76.120, employers cannot retaliate against employees who take leave (with or without pay) related to domestic violence situations, including seeking legal assistance, treatment for injuries, or services from domestic violence programs. Violations may result in fines up to $500 for a first infraction and $1,000 for subsequent infractions within three years.
Hazardous Substances
Under RCW 49.70.110, employers cannot retaliate against employees who exercise rights under the state's hazardous substances disclosure law, including the right to request workplace surveys and material safety data sheets. RCW 49.70.110 sets no filing deadline of its own. Its second sentence applies the discrimination provisions of chapter 49.17 RCW, so a complaint goes to the Department of Labor and Industries within 90 days after the violation occurs. The department may extend that period on recognized equitable principles or due to extenuating circumstances.
Minimum Wage
Under RCW 49.46.100, employers cannot retaliate against employees who file wage complaints, participate in wage proceedings, or testify about wage violations. Violations may constitute a gross misdemeanor.
Farm Labor Contractors
Under RCW 19.30.190, farm labor contractors and agricultural employers cannot retaliate against employees who make compensation claims, participate in proceedings, or discuss their rights. Under RCW 19.30.150, a violation of the chapter is a misdemeanor punishable by a fine of not more than $5,000, imprisonment in the county jail for not more than six months, or both. RCW 19.30.170(2) lets a court award actual damages or statutory damages of $500 per plaintiff per violation, whichever is greater, plus other equitable relief.
Nursing Homes
Under RCW 18.51.220, nursing home licensees cannot retaliate against patients or employees who initiate or participate in regulatory proceedings. Civil penalties up to $3,000 may apply.
Washington Industrial Safety and Health Act (WISHA)
Under RCW 49.17.160, employers cannot retaliate against employees who file safety complaints, participate in proceedings, or exercise rights under the workplace safety law. Complaints must be filed with the Director of Labor and Industries within 90 days. Remedies include reinstatement with back pay and other appropriate relief.
Workers' Compensation
Under RCW 51.48.025, employers cannot retaliate against employees who file workers' compensation claims or exercise rights under the statute. Complaints must be filed with the Department of Labor and Industries within 90 days. Remedies include reinstatement with back pay and injunctive relief.
How to File a Whistleblower Complaint in Washington
State Employees
Report improper governmental actions in writing to the Washington State Auditor. Reports must be filed within one year of the action. If you experience retaliation, file a claim with the Washington Human Rights Commission at 1-800-233-3247.
Discrimination Complaints
File with the Washington Human Rights Commission within six months of the retaliatory action. Call 1-800-233-3247.
Workplace Safety and Hazardous Substances
File with the Washington State Department of Labor and Industries. Both WISHA workplace safety complaints and hazardous substances complaints must be filed within 90 days of the violation. Call 360-902-6088 or 1-800-423-7233.
Workers' Compensation Retaliation
File with the Department of Labor and Industries within 90 days. If the department determines that retaliation did not occur, you may file a lawsuit in court.
Practical Tips for Washington Whistleblowers
- Submit reports to the State Auditor in writing with detailed information about the improper action.
- Be aware of the 90-day deadline for WISHA workplace safety complaints, which also governs hazardous substances complaints because RCW 49.70.110 applies the chapter 49.17 RCW discrimination provisions.
- Document all communications and keep copies of reports.
- Washington provides confidentiality protections for whistleblower complaints.
- Consult an employment attorney to determine which protections apply to your specific situation.
More Washington Laws
Frequently Asked Questions
Who can file a whistleblower complaint with the Washington State Auditor?
Any state employee may report improper governmental actions to the State Auditor under RCW 42.40. The report must be in writing and submitted within one year of the improper action. The law preserves the confidentiality of whistleblowers and individuals who provide information during investigations.
Can I file a qui tam lawsuit for Medicaid fraud in Washington?
Yes. The Washington Medicaid Fraud False Claims Act (RCW 74.66) allows private citizens to file qui tam lawsuits on behalf of the state. If successful, whistleblowers receive between 15% and 30% of the recovered funds, depending on the Attorney General's involvement and the whistleblower's contribution to the case.
How long do I have to file a whistleblower retaliation claim in Washington?
Deadlines vary by statute. WISHA workplace safety complaints must be filed within 90 days, and hazardous substances complaints share that 90-day window because RCW 49.70.110 applies the chapter 49.17 RCW discrimination provisions. Anti-discrimination complaints have a six-month deadline. Workers' compensation retaliation claims must be filed within 90 days. Most other statutory claims have a three-year deadline.
Does Washington protect private sector whistleblowers?
Yes, through a combination of common law and specific statutes. Washington's common law public policy exception protects employees who refuse illegal activities, exercise legal rights, report employer misconduct, or perform public duties. Additional statutes cover discrimination, workplace safety, wages, and healthcare.
What damages are available for whistleblower retaliation in Washington?
Remedies vary by statute. Common remedies include reinstatement, back pay with interest, restoration of benefits, and attorney's fees. Under the anti-discrimination statute, damages for humiliation and mental suffering up to $20,000 may be awarded. Under the Medicaid False Claims Act, employees may recover double back pay.
Updates
Corrected the hazardous substances retaliation filing deadline from 30 days to the 90 days RCW 49.17.160 actually allows, replaced a non-statutory 'abuse of authority' prong with the six categories of improper governmental action in RCW 42.40.020(6), raised the farm labor contractor fine to the $5,000 maximum in RCW 19.30.150, and narrowed two overstated coverage claims about state employees and hospital abuse reporters.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected: RCW 49.
Governing law re-checked for recent changes
Corrected the WISHA (RCW 49.17.160) retaliation-complaint filing deadline from 30 days to the statute's actual 90 days everywhere it appeared on the page (KeyTakeaways, the WISHA section, the filing-instructions section, Practical Tips, and the FAQ), while keeping the separate 30-day hazardous substances deadline intact.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Revised Code of Washington
§ 42.40.050Retaliatory action against whistleblower—Remedies.In force
(1)(a) Any person who is a whistleblower, as defined in RCW 42.40.020, and who has been subjected to workplace reprisal or retaliatory action is presumed to have established a cause of action for the remedies provided under chapter 49.60 RCW. (b) For the purpose of this section, "reprisal or retaliatory action" means, but is not limited to, any of the following: (i) Denial of adequate staff to perform duties; (ii) Frequent staff changes; (iii) Frequent and undesirable office changes; (iv) Refusal to assign meaningful work; (v) Unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations; (vi) Demotion; (vii) Reduction in pay; (viii) Denial of promotion; (ix) Suspension; (x) Dismissal; (xi) Denial of employment; (xii) A supervisor or superior behaving in or encouraging coworkers to behave in a hostile manner toward the whistleblower; (xiii) A change in the physical location of the employee's workplace or a change in the basic nature of the employee's job, if either are in opposition to the employee's expressed wish; (xiv) Issuance of or attempt to enforce any nondisclosure policy or agreement in a manner inconsistent with prior…
Official text (excerpt) · last checked 2026-09-17 · Read the full text in our law library · Verify at app.leg.wa.gov
§ 42.40.030Right to disclose improper governmental actions—Interference prohibited.In force
(1) An employee shall not directly or indirectly use or attempt to use the employee's official authority or influence for the purpose of intimidating, threatening, coercing, commanding, influencing, or attempting to intimidate, threaten, coerce, command, or influence any individual for the purpose of interfering with the right of the individual to: (a) Disclose to the auditor (or representative thereof) or other public official, as defined in RCW 42.40.020, information concerning improper governmental action; or (b) identify rules warranting review or provide information to the rules review committee. (2) Nothing in this section authorizes an individual to disclose information otherwise prohibited by law, except to the extent that information is necessary to substantiate the whistleblower complaint, in which case information may be disclosed to the auditor or public official, as defined in RCW 42.40.020, by the whistleblower for the limited purpose of providing information related to the complaint. Any information provided to the auditor or public official under the authority of this subsection may not be further disclosed.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Gillian Marshall, V. University Of Washington (Court of Appeals of Washington 2023)“…06 RCW, or other disciplinary action except as provided in RCW 42.40.030. RCW 42.40.020(6)(b). Once the…”
- Snell v. State of Washington (District Court, W.D. Washington 2023)“…oyee’s right to report is improperly interfered with, 18 RCW 42.40.030, or when they face workplace reprisal o…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 49.60.250Hearing of complaint by administrative law judge—Limitation of relief—Penalties—Order—Arbitration.In force
(1) In case of failure to reach an agreement for the elimination of such unfair practice, and upon the entry of findings to that effect, the entire file, including the complaint and any and all findings made, shall be certified to the chairperson of the commission. The chairperson of the commission shall thereupon request the appointment of an administrative law judge under Title 34 RCW to hear the complaint and shall cause to be issued and served in the name of the commission a written notice, together with a copy of the complaint, as the same may have been amended, requiring the respondent to answer the charges of the complaint at a hearing before the administrative law judge, at a time and place to be specified in such notice. (2) The place of any such hearing may be the office of the commission or another place designated by it. The case in support of the complaint shall be presented at the hearing by counsel for the commission: PROVIDED, That the complainant may retain independent counsel and submit testimony and be fully heard.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 26 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Human Rights Commission v. Cheney School District No. 30 (Washington Supreme Court 1982, 97 Wash. 2d 118)“…nst Discrimination was revised and reenacted. At that time, RCW 49.60.250 was enacted, authorizing the tribunal t…”
- Marine Power & Equipment Co. v. Human Rights Commission Hearing Tribunal (Court of Appeals of Washington 1985, 39 Wash. App. 609)“…briefs for this appeal were filed, the Legislature amended RCW 49.60.250. The 1983 act added the following under…”
- Rody v. Hollis (Washington Supreme Court 1972, 81 Wash. 2d 88)“…Hollises because the Hollises are black. In accordance with RCW 49.60.250, an administrative tribunal appointed b…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 74.66.090Whistleblower relief.In force
(1) Any employee, contractor, or agent is entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent , is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action under this chapter or other efforts to stop one or more violations of this chapter. (2) Relief under subsection (1) of this section must include reinstatement with the same seniority status that employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys' fees, and any and all relief available under RCW 49.60.030(2). An action under this subsection may be brought in the appropriate superior court of the state of Washington for the relief provided in this subsection.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- United States of America, Ex rel. Raju A.T. Dahlstrom v. Sauk-Suiattle Indian Tribe of Washington (District Court, W.D. Washington 2019)“…1 another. Compare 31 U.S.C. § 3730(h), with RCW § 74.66.090. Although the court 2 found no Washi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 49.60.210Unfair practices—Discrimination against person opposing unfair practice—Retaliation against whistleblower.In forcecited in 2 of our articles
(1) It is an unfair practice for any employer, employment agency, labor union, or other person to discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden by this chapter, or because he or she has filed a charge, testified, or assisted in any proceeding under this chapter. (2) It is an unfair practice for a government agency or government manager or supervisor to retaliate against a whistleblower as defined in chapter 42.40 RCW. (3) It is an unfair practice for any employer, employment agency, labor union, government agency, government manager, or government supervisor to discharge, expel, discriminate, or otherwise retaliate against an individual assisting with an office of fraud and accountability investigation under RCW 74.04.012, unless the individual has willfully disregarded the truth in providing information to the office.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 199 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Allison v. Housing Authority of City of Seattle (Washington Supreme Court 1991, 118 Wash. 2d 79)“…ving proximate cause in a retaliatory discharge claim under RCW 49.60.210. Allison v. Housing Auth.,…”
- Washington Water Power Co. v. Washington State Human Rights Commission (Washington Supreme Court 1978, 91 Wash. 2d 62)“…discriminate against a person opposing an unfair practice (RCW 49.60.210) or to aid a violation (RCW 49.60.220).…”
- Lodis v. Corbis Holdings, Inc. (Court of Appeals of Washington 2013, 172 Wash. App. 835)“…ge discrimination under RCW 49.60.180 and retaliation under RCW 49.60.210. Judge Michael Hayden granted Corbis’s…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Washington Workplace Recording Laws: Employee Rights and Employer Rules (2026)
§ 19.30.190Retaliation against employee prohibited.In force
No farm labor contractor or agricultural employer may discharge or in any other manner discriminate against any employee because: (1) The employee has made a claim against the farm labor contractor or agricultural employer for compensation for the employee's personal services. (2) The employee has caused to be instituted any proceedings under or related to RCW 19.30.180. (3) The employee has testified or is about to testify in any such proceedings. (4) The employee has discussed or consulted with anyone concerning the employee's rights under this chapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1999
Opinions citing this section in our collection:
- Lins v. Children's Discovery Centers of America, Inc. (Court of Appeals of Washington 1999, 95 Wash. App. 486)“…21 RCW 70.124.060. 22 RCW 19.30.190. 23 RCW 49.46.100(…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 49.70.110Discharge or discipline of employee prohibited—Application of discrimination statutes.In force
No employer may discharge, cause to be discharged, or otherwise discipline, penalize, or discriminate against any employee because the employee or the employee's representative has exercised any right established in this chapter. The discrimination provisions of chapter 49.17 RCW apply to this chapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1999
Opinions citing this section in our collection:
- Lins v. Children's Discovery Centers of America, Inc. (Court of Appeals of Washington 1999, 95 Wash. App. 486)“…19 RCW 49.17.160. 20 RCW 49.70.110. 21 RCW 70.124.060…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 51.48.025Retaliation by employer prohibited—Investigation—Remedies.In force
(1) No employer may discharge or in any manner discriminate against any employee because such employee has filed or communicated to the employer an intent to file a claim for compensation or exercises any rights provided under this title. However, nothing in this section prevents an employer from taking any action against a worker for other reasons including, but not limited to, the worker's failure to observe health or safety standards adopted by the employer, or the frequency or nature of the worker's job-related accidents. (2) Any employee who believes that he or she has been discharged or otherwise discriminated against by an employer in violation of this section may file a complaint with the director alleging discrimination within ninety days of the date of the alleged violation. Upon receipt of such complaint, the director shall cause an investigation to be made as the director deems appropriate. Within ninety days of the receipt of a complaint filed under this section, the director shall notify the complainant of his or her determination.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 46 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Wilmot v. Kaiser Aluminum & Chemical Corp. (Washington Supreme Court 1991, 118 Wash. 2d 46)“…laim has a cause of action independent from that set out in RCW 51.48.025(2). We hold that plaintiffs may assert…”
- Robel v. Roundup Corp. (Washington Supreme Court 2002, 148 Wash. 2d 35)“…(3)), retaliation for filing a workers’ compensation claim (RCW 51.48.025(1)), negligent and intentional inflicti…”
- Kirby v. City of Tacoma (Court of Appeals of Washington 2004, 98 P.3d 827)“…Robel, 148 Wash.2d at 48-49 , 59 P.3d 611 (citing RCW 51.48.025(1)). Kirby argues that Robel created…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 49.76.120Retaliation against employee.In force
No employer may discharge, threaten to discharge, demote, deny a promotion to, sanction, discipline, retaliate against, harass, or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee: (1) Exercised rights under RCW 49.76.030 or 49.76.115; (2) Filed or communicated to the employer an intent to file a complaint under RCW 49.76.070 or 49.76.100; or (3) Participated or assisted, as a witness or otherwise, in another employee's attempt to exercise rights under RCW 49.76.030, 49.76.115, 49.76.070, or 49.76.100.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
§ 70.124.060Liability of persons making reports.In force
(1) A person other than a person alleged to have committed the abuse or neglect participating in good faith in the making of a report pursuant to this chapter, or testifying as to alleged patient abuse or neglect in a judicial proceeding, is, in so doing, immune from any liability, civil or criminal, arising out of such reporting or testifying under any law of this state or its political subdivisions, and if such person is an employee of a state hospital it is an unfair practice under chapter 49.60 RCW for the employer to discharge, expel, or otherwise discriminate against the employee for such reporting activity. (2) Conduct conforming with the reporting requirements of this chapter is not a violation of the confidential communication privilege of RCW 5.60.060 (3) or (4) or 18.83.110. Nothing in this chapter supersedes or abridges remedies provided in chapter 4.92 RCW.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 1999
Opinions citing this section in our collection:
- White v. State (Court of Appeals of Washington 1995, 78 Wash. App. 824)“…ington State Human Rights Commission (the Commission) under RCW 70.124.060. The Commission, however, dismissed the…”
- Farnam v. Crista Ministries (Washington Supreme Court 1991, 116 Wash. 2d 659)“…49.60 to dismiss an employee for reporting suspected abuse. RCW 70.124.060. Because Farnam's concerns focused on…”
- Lins v. Children's Discovery Centers of America, Inc. (Court of Appeals of Washington 1999, 95 Wash. App. 486)“…20 RCW 49.70.110. 21 RCW 70.124.060. 22 RCW 19.30.190.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 49.17.160Discrimination against employee filing complaint, instituting proceedings, or testifying prohibited—Procedure—Remedy.In force
(1) No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or herself or others of any right afforded by this chapter. Prohibited discrimination includes an action that would deter a reasonable employee from exercising their rights under this chapter. (2) Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of this section may, within 90 days after such violation occurs, file a complaint with the director alleging such discrimination. The department may, at its discretion, extend the time period on recognized equitable principles or due to extenuating circumstances. (3) Within 90 days of the receipt of the complaint filed under this section, the director shall notify the complainant and the employer of his or her determination under subsections (4) and (5) of this section unless the matter is otherwise resolved.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 42 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Ellis v. City of Seattle (Washington Supreme Court 2000, 142 Wash. 2d 450)“…along with his claim of retaliatory discharge pursuant to RCW 49.17.160, to the King County Superior Court for…”
- Wilson v. City of Monroe (Court of Appeals of Washington 1997, 88 Wash. App. 113)“…gton Industrial Safety and Health Act (WISHA), specifically RCW 49.17.160 (prohibiting discrimination against emp…”
- Cudney v. ALSCO, INC. (Washington Supreme Court 2011, 259 P.3d 244)“…ton Industrial Safety and Health Act (WISHA), in particular RCW 49.17.160, and accompanying Washington Administra…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 18.51.220Retaliation or discrimination against complainant prohibited, penalty—Presumption.In force
(1) No licensee shall discriminate or retaliate in any manner against a patient or employee in its nursing home on the basis or for the reason that such patient or employee or any other person has initiated or participated in any proceeding specified in this chapter. A licensee who violates this section is subject to a civil penalty of not more than three thousand dollars. (2) Any attempt to expel a patient from a nursing home, or any type of discriminatory treatment of a patient by whom, or upon whose behalf, a complaint has been submitted to the department or any proceeding instituted under or related to this chapter within one year of the filing of the complaint or the institution of such action, shall raise a rebuttable presumption that such action was taken by the licensee in retaliation for the filing of the complaint.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Taylor v. Metropolitan Development Council (District Court, W.D. Washington 2023)“…o people suffering mental issues, and that, pursuant 9 to RCW 18.51.220(1), MDC was prohibited from any retalia…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 74.34.180Retaliation against whistleblowers and residents—Remedies—Rules.In force
(1) An employee or contractor who is a whistleblower and who as a result of being a whistleblower has been subjected to workplace reprisal or retaliatory action, has the remedies provided under chapter 49.60 RCW. RCW 4.24.500 through 4.24.520, providing certain protection to persons who communicate to government agencies, apply to complaints made under this section. The identity of a whistleblower who complains, in good faith, to the department or the department of health about suspected abandonment, abuse, financial exploitation, or neglect by any person in a facility, licensed or required to be licensed, or care provided in a facility or in a home setting, by any person associated with a hospice, home care, or home health agency licensed under chapter 70.127 RCW or other in-home provider, may remain confidential if requested. The identity of the whistleblower shall subsequently remain confidential unless the department determines that the complaint was not made in good faith.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Calhoun v. State (Court of Appeals of Washington 2008, 146 Wash. App. 877)“…imed violations of other duties allegedly owed to him under RCW 74.34.180. In addition to attorney fees and costs…”
- Leanne Levno v. Addus Healthcare, Inc. (Court of Appeals of Washington 2020)“…eglect under RCW 74.34 et seq. 3.4 Under RCW 74.34.180, any employee that faces a workplace…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 49.46.100Prohibited acts of employer—Penalty.In force
(1) Any employer who hinders or delays the director or his or her authorized representatives in the performance of his or her duties in the enforcement of this chapter, or refuses to admit the director or his or her authorized representatives to any place of employment, or fails to make, keep, and preserve any records as required under the provisions of this chapter, or falsifies any such record, or refuses to make any record accessible to the director or his or her authorized representatives upon demand, or refuses to furnish a sworn statement of such record or any other information required for the proper enforcement of this chapter to the director or his or her authorized representatives upon demand, or pays or agrees to pay an employee less than the employee is entitled to under this chapter, or otherwise violates any provision of this chapter or of any regulation issued under this chapter shall be deemed in violation of this chapter and shall, upon conviction therefor, be guilty of a gross misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 22 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Hume v. American Disposal Co. (Washington Supreme Court 1994, 124 Wash. 2d 656)“…view this case on certification from Division Two. I RCW 49.46.100 prohibits employer retaliation against…”
- Hayes v. Trulock (Court of Appeals of Washington 1988, 51 Wash. App. 795)“…wrongfully discharged them from their jobs, in violation of RCW 49.46.100(2). 1 The employees furthe…”
- Thompson v. St. Regis Paper Company (Washington Supreme Court 1984, 102 Wash. 2d 219)“…welfare), RCW 49.17.160 (industrial safety and health act), RCW 49.46.100 (minimum wage act), RCW 49.44.090 (viol…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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This article also draws on these acts and chapters (opening at their first section): Revised Code of Washington § 74.66.005 (Short title.) · Revised Code of Washington § 42.40.010 (Policy.)
Related law for further reading — not part of this article’s citations.
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Sources and References
- RCW Chapter 42.40 - State Employee Whistleblower Protection(app.leg.wa.gov).gov
- RCW 42.40.030 - Interference prohibited(app.leg.wa.gov).gov
- RCW Chapter 74.66 - Medicaid Fraud False Claims Act(app.leg.wa.gov).gov
- RCW 74.66.090 - Retaliation protections(app.leg.wa.gov).gov
- RCW 49.60.210 - Unfair practices and anti-discrimination protections(app.leg.wa.gov).gov
- RCW 49.17.160 - Washington Industrial Safety and Health Act(app.leg.wa.gov).gov
- RCW 51.48.025 - Workers' Compensation retaliation protections(app.leg.wa.gov).gov
- RCW 49.60.250 - Remedies and penalties(app.leg.wa.gov).gov
- Washington State Auditor's Office(sao.wa.gov).gov
- RCW 74.34.180 - Vulnerable adults protection(app.leg.wa.gov).gov
- RCW 42.40.020 - Definitions, including 'employee' and 'improper governmental action'(app.leg.wa.gov)
- RCW 42.40.910 - Application of chapter to the legislative and judicial branches(app.leg.wa.gov)
- RCW 49.70.110 - Hazardous substances: discrimination prohibited, chapter 49.17 RCW provisions apply(app.leg.wa.gov)
- RCW 19.30.150 - Farm labor contractors: criminal penalty(app.leg.wa.gov)
- RCW 19.30.170 - Farm labor contractors: civil action and statutory damages(app.leg.wa.gov)
- RCW 70.124.060 - Hospital patient abuse reporting: immunity and unfair practice(app.leg.wa.gov)