Some ideas are just awfully hard to legislate. Consider the case of Washington Senate Bill 5446, the Worker Privacy Act, which as it turns out is one of the hottest pieces of legislation in the Northwest this year.
Here is how Rick Bender of the Washington State Labor Council set it up at a Senate Labor Commerce & Consumer Protection Committee hearing on it today: currently, employers can require employees to go to meetings or listen to harangues or get into discussions about such things as politics and religion and what charities they will give to, or not. Bender: "When an employer can force you to listen to or participate in non-job performance related speech, on pain of discharge, discipline or threat, this reality creates a powerful and illegitimate form of compulsion. What worker can afford to risk losing their job? . . . So instead, workers are forced to forego their first amendment rights, and forced to listen to speech on matters of individual conscience."
Another witness: "Under current law, employers can and do hold mandatory meetings in which they make it clear that certain ways of voting are preferrred or better. This is not about the freedom of an employer to make his or her political beliefs known. It's about requiring an employee to listen to that political belief." (There have been plenty of reports of this sort of thing happening; a Wall Street Journal article has outlined numerous cases at Wal-Mart.)
So, SB5446, which generally makes that kind of thing - discussions on matters like that, as opposed to discussions that relate to the work or workplace - illegal. There seems to be some logic to the point. But getting it to practical legislation is a difficult matter.
Senator Janea Holmqust, R-Moses Lake, noted that the language of the bill refers to "communications" - very broad, prospectively raising questions about even casual hallway conversations. (more…)