Committee hears bill to ban employer‑directed microchip implants
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Summary
A House bill would prohibit employers from requesting or coercing workers to accept subcutaneous microchip implants; staff described enforcement through Department of Labor & Industries penalties and a private civil cause of action.
A Labor and Workplace Standards Committee staff briefing and sponsor presentation on Jan. 14 introduced House Bill 2303, which would bar employers from requesting, requiring or coercing employees to have subcutaneous microchip implants that contain unique identification and personal information.
Committee staff told members the proposal would cover any product implanted in an employee that contains a unique identification number retrievable by an external scanning device; the bill would not apply to devices used for diagnosing, monitoring, treating or preventing health conditions in specified circumstances. For enforcement, staff said an employee could file an administrative complaint with the Department of Labor and Industries (L&I); L&I must impose a civil penalty of at least $10,000 for a first violation and at least $20,000 for a repeat violation. Staff also said an employee may bring a private civil action seeking injunctive relief, actual and punitive damages and reasonable attorney fees.
Representative Rob Thomas, the bill's sponsor, told the committee HB 2303 "prevents the subcutaneous deposit of microchips to control or monitor employee behavior" and said the practice is not currently in use in Washington but has been considered in other states. When asked where such employer microchipping has appeared, Thomas said about 13 states have moved ahead with prohibitions and that the policy debate first surfaced in Nebraska in the context of employers offering chips for efficiencies such as copier codes and vending machines.
The committee closed the hearing on HB 2303 without public testimony recorded during the session.
