SB5101 expands Washington’s existing leave laws, including the Domestic Violence Leave Act, to cover workers affected by so-called hate crimes or bias incidents (including online harassment and threats). Those workers (or their family members) are now entitled to time off and safety-related workplace accommodations. Employers must treat these situations similarly to domestic-violence cases, offering leave, flexible scheduling, or physical-safety measures.

The Washington State Senate passed SB5101 on February 28, 2025 by a vote of 40 to 8. We have assigned pluses to the nays because so-called “hate crime” laws create unequal protection under the law by elevating certain individuals or groups above others based on identity or perceived motive—contradicting the 14th Amendment’s guarantee that all people are equal under the law. Furthermore, mandating that private employers provide leave, alter schedules, and implement workplace safety measures based on vague and subjective claims of bias interferes with their right to freely conduct business. Such top-down mandates impose costly and unrealistic burdens on employers, expand government overreach, and entrench identity politics in the workplace—all in violation of free-market and limited-government principles.