Committee hears expansion of pregnancy accommodations and paid lactation breaks; AG worried about loss of enforcement role

Kelly Leonard, staff to the committee, briefed members on Engrossed Second Substitute Senate Bill 5,217, which would expand protections for pregnancy and pregnancy-related conditions to all employers (including nonprofit religious organizations), require that paid time at an employee's regular rate be provided for lactation breaks and time spent traveling to a private location, and shift primary enforcement from the Attorney General’s Office to the Department of Labor and Industries (LNI). The bill also directs courts to grant a delay or excusal from jury service for people attesting they cannot serve because they have an infant under "12" (attestation form may not require a doctor's note) as described in the staff summary.

Nancy Sapero (Washington Employment Lawyers Association and coalition partners) urged passage and said the bill builds on protections first codified in 2017 and would ensure reasonable accommodations such as temporary light duty or access to a stool for employers of all sizes. Parent advocate Ellie Klein (PEPs) recounted a personal jury experience in which she was escorted to unsanitary lactation rooms and said jury duty can make meeting a pumping schedule impossible.

Brooke Iverson (Communications Workers of America) described workers being forced to pump in dirty restrooms or delivery trucks, linking lack of accommodations to health risks and lost pay. The Attorney General's Office (Shalia Stallings, managing attorney, Civil Rights Division) said the AGO supports the policy goals but expressed "deep concerns" about repeal of the AGO's enforcement authority; Stallings said the AGO prioritizes and expedites these cases, has specialized expertise, and has secured substantial remedies for workers in past enforcement.

Committee members asked few technical questions during testimony. The hearing closed without a committee vote.