2026 Legislation Addressing Individual Protections at Work, in Public Records, and in Public Safety

During this past legislative session, lawmakers added some important protections for individuals related to their interaction with employers, public agencies, and officials. These include additional workplace protections for pregnant and post-partum employees, privacy protections in public records, and new rules governing the interaction between public safety officials and individuals. The legislature also expanded employment eligibility for critical public safety positions.

HB 6014: Expanding Protections for Pregnant and Postpartum Individuals

In 2025, the legislature previously expanded workplace protections for pregnant and post-partum employees through passage of SB 5217 (codified at Chapter 49.92 RCW and known as the Healthy Starts Act).

SB 5217 required that all employers, regardless of size, provide reasonable accommodation for pregnant and post-partum employees unless they could show that doing so would impose an undue hardship. Failure to provide reasonable accommodation is considered an unfair labor practice. (See our blog on 2025 personnel legislation for a more detailed summary of SB 5217.)

HB 6014 builds on the 2025 legislation, clarifying, among other things, that employers cannot require a medical provider's written certification before providing certain enumerated accommodations, including restroom breaks, access to food and drink, sitting breaks, not lifting above a 17-pound weight limit, and expressing breast milk.

HB 6014 also added a Public Records Act (PRA) exemption in records filed with or maintained by the Washinton State Department of Labor and Industries for employees or applicants who have either filed a complaint, requested assistance, or participated in an investigation under Chapter 49.92 RCW.

The new exemption protects the individual's name, address, telephone number, electronic contact information, identifying photograph, and any medical or health information related to pregnancy or childbirth.

There are some limited exceptions, including when the information is needed to make a fair determination of the issues related to an investigation, when used in the course of a public employee’s official duties, and when requested by the complainant.

The effective date of these new provisions is January 1, 2027.

HB 2323: Blue Envelope Program to Help Neurodiverse Individuals During Traffic Stops

HB 2323 directs the Washington State Department of Licensing (DOL) to create a voluntary Blue Envelope Program aimed at improving communication and reducing anxiety and unnecessary escalations between law enforcement and neurodiverse drivers during traffic stops.

Under the program, anyone can obtain a specially designed blue envelope from the DOL to have available in their vehicle in the event they need to interact with law enforcement officers during a traffic stop.

This blue envelope signals to the officer that the person may benefit from a different communication style or approach. The driver can keep their essential documents like registration and insurance in the envelope for ease of providing to the officer.

The blue envelope also includes helpful tips for both the driver and the officer on how to interact with one another during a traffic stop. See the DOL’s Blue Envelope webpage for more information on the program.

The law broadly defines “neurodiverse” and the program is open to anyone who would find it helpful—not just those with formal diagnoses. Blue envelopes can be obtained from local driver’s license and vehicle licensing offices.

The law became effective on June 11, 2026, and will be codified in a new section within Chapter 46.19 RCW.

HB 1604: Jail Requirements for Searches of Confined Transgender and Intersex Individuals

HB 1604 requires jails to adopt and implement policies and procedures for conducting searches of confined transgender or intersex individuals and brings state practices into alignment with the federal Prison Rape Elimination Act (PREA) standards.

Under the bill, jails are strictly prohibited from conducting a physical examination or search for the sole purpose of determining an individual’s genital status. If an individual's genital status is unknown and deemed necessary to know, jail staff may only determine the status through conversation with the individual, a review of medical records, or as part of a private, broader medical examination conducted by a licensed medical practitioner.

Additionally, when a strip search is legally authorized, individuals protected under this law must be given one of the following options:

• Search conducted by a medical professional;
• Search by a female staff member (only applicable to adults);
• Search by a staff member of the gender of the individual’s choosing; or
• Search in strict accordance with the individual’s stated gender identity.

The law also includes training requirements related to transgender or intersex searches for jail staff.

The law was effective June 11, 2026, and will be codified in a new section in Chapter 70.48 RCW and an amendment to RCW 10.79.100.

SB 6081: Privacy Protections for Sex Designation Information in Public Records

SB 6081 exempts or prohibits from public disclosure sex designation information included in vital records and records maintained by the DOL.

This new law:

• Expands the PRA exemption at RCW 42.56.230(7) to protect information contained in public records related to identifying a person’s sex designation or that would signal a change in that person’s sex designation;
• Adds a new subsection at RCW 42.56.230(14) to protect information collected from individuals who have requested or previously requested changes to sex designation for vital records under Chapter 70.58 RCW; and
• Directs that certain information related to sex designation changes provided to the DOL and the Washington State Department of Health must be sealed.

Additionally, digital records maintained by the DOL and containing information related to sex designation may only indicate current sex indication and cannot include an indicator that a change occurred.

The effective date was March 16, 2026.

SB 5068 – Expanding Work Eligibility in Certain Public Safety Positions to Those Legally Authorized to Work

SB 5068 changes employment requirements for critical public safety, legal, and law enforcement roles, allowing individuals who are legally permitted to work in the United States under federal law to apply for these positions rather than limiting such positions strictly to U.S. citizens or lawful permanent residents.

Conclusion

MRSC encourages impacted public agencies to discuss these new requirements with their agency attorneys who can assist in ensuring compliance with the new provisions.