A recent decision by the Washington Supreme Court relies on a new law meant to protect the identities of public workers who have been victims of abuse.
That law — HB 1533 — prevents employers from sharing identifying information about workers in response to most public records requests if the workers have disclosed they are survivors of domestic violence, sexual assault, harassment, or stalking. The law includes a carve out so news media can still request and receive that information.
The Washington Federation of State Employees (WFSE) advocated for the measure during the 2023 legislative session amid a multi-year legal battle against the anti-union Freedom Foundation. The court case started in December 2019, when the Freedom Foundation began filing public records requests for names, addresses, birth dates, and other information for about 1,600 public employees. The Freedom Foundation uses that information to send mail to union members encouraging them to end their membership.
WFSE and several other unions asked a judge to block disclosure because that information could endanger workers who were victims of domestic abuse or sexual abuse. For example, an abuser could request a worker’s address to stalk them. The judge sided with the union, but the Freedom Foundation appealed the decision. Eventually, the case made its way to the state Supreme Court. Meanwhile, WFSE began working on a legislative fix.
On Aug. 24, a panel of Supreme Court judges ruled that WFSE had a legal right to ask for parts but not all of the information to be kept private. The judges sent the case back to a lower court to decide what to release based on the new law, which was signed by the governor on May 15, 2023.
“We stopped them once with a lawsuit, and we just stopped them permanently with a new law,” WFSE wrote in a press release. “We are so proud of the work our members have undertaken through their union to protect themselves and fellow public employees.”
The exemption only applies to workers who notify their employer that they are a survivor who qualifies for protection under the new law, so WFSE encourages eligible workers to do that.
