Workplace Harassment Claims in Washington: Employer Duties, the Silenced No More Act, and Coverage

Under Washington law, harassment becomes the employer's liability when an owner or manager takes part, or when the employer knew or should have known and failed to act promptly. Employers of isolated janitors, hotel housekeepers, and security guards must adopt a harassment policy, train, and provide panic buttons. The Silenced No More Act voids agreements that bar workers from disclosing harassment, though settlement amounts can stay confidential. EPLI covers harassment claims.

By Trella Commercial · Updated October 5, 2026

The short version

  • When it becomes your liability: harassment is imputed to the employer if an owner, manager, partner, or officer personally takes part, or if the employer knew or should have known of it and failed to take reasonably prompt and adequate corrective action (Glasgow v. Georgia-Pacific, 1985).
  • Federal law adds a defense, with limits. Under Faragher and Ellerth (1998), an employer can defend a supervisor harassment claim with no tangible employment action by showing reasonable care to prevent and correct it and that the employee unreasonably failed to use complaint procedures.
  • Isolated worker rules: hotels, motels, retail, security, and property services employers with isolated janitors, housekeepers, room service attendants, or security guards must adopt a sexual harassment policy, train, provide resource lists, and give each isolated employee a panic button (RCW 49.60.515).
  • Silenced No More: agreements that bar disclosure of illegal harassment, discrimination, retaliation, wage violations, or sexual assault are void, with $10,000 or actual damages, whichever is more (RCW 49.44.211).
  • EPLI covers harassment claims, including defense of agency charges; third-party EPLI covers harassment involving customers.

When harassment becomes the employer's liability

Washington courts use the Glasgow test, set out in a sexual harassment case. The employee must show the harassment was unwelcome, because of sex, sufficiently pervasive to alter the conditions of employment, and imputed to the employer. Imputation is the part employers control:

Who harassedWhen the employer is liable
Owner, manager, partner, or corporate officerWhen they personally participate
Supervisor or co-workerWhen the employer authorized, knew, or should have known of the harassment and failed to take reasonably prompt and adequate corrective action

Under federal law, Faragher v. City of Boca Raton and Burlington Industries v. Ellerth (1998) let an employer defend a supervisor harassment claim when no tangible employment action (such as firing or demotion) was taken, by showing it exercised reasonable care to prevent and promptly correct harassment and the employee unreasonably failed to use the procedures provided. No such defense is available when the harassment ends in a tangible employment action.

Both standards reward the same things: a clear policy, a working complaint process, and a prompt, documented response.

The isolated worker law (RCW 49.60.515)

RequirementDetail
Who is coveredHotels, motels, retail, and security guard entities, and property services contractors, that employ an isolated employee
Isolated employeeA janitor, security guard, hotel or motel housekeeper, or room service attendant who works where coworkers cannot immediately respond to an emergency, or who spends at least half of working hours without a supervisor or coworker present
PolicyAdopt a sexual harassment policy
TrainingMandatory training for managers, supervisors, and isolated employees, with documentation
ResourcesA list of resources, including the EEOC, the Washington State Human Rights Commission, and local advocacy groups
Panic buttonProvide a panic button to each isolated employee (not required for licensed contract security guard companies)
ReportingProperty services contractors report training and work-location information to L&I each year
ComplaintsSince January 1, 2026, isolated employees can file complaints directly with L&I
Penalties$1,000 for each willful violation; $2,000 to $10,000 for repeat willful violations

This matters to cleaning, security, and hospitality businesses; see cleaning and janitorial insurance.

Settlements and the Silenced No More Act

RuleDetail
Void provisionsAny agreement provision barring a current, former, or prospective employee or independent contractor from disclosing conduct they reasonably believed was illegal discrimination, harassment, retaliation, a wage and hour violation, or sexual assault, or that is against a clear mandate of public policy
ViolationsRequesting or requiring such a provision, or attempting to enforce one
PenaltyActual damages or $10,000, whichever is more, plus attorneys' fees
What is allowedKeeping the settlement amount confidential

Washington's earlier 2018 law on sexual harassment nondisclosure agreements was repealed and replaced by this broader 2022 law. Review settlement and severance templates so they do not include prohibited terms.

Harassment involving customers

ScenarioCoverage and law
A customer harasses your employeeGeneral employer duties to respond to known harassment apply; we found no separate Washington statute on customer harassment of employees
Your employee harasses a customerA potential public accommodation claim; Washington's Supreme Court addressed this in Floeting v. Group Health (2019)
InsuranceThird-party EPLI covers discrimination and harassment claims by customers; standard EPLI covers claims by employees

A prevention program that also defends claims

  1. A written anti-harassment policy with multiple ways to complain, including someone other than the employee's supervisor.
  2. Training for managers and staff, documented; required for isolated workers in covered industries.
  3. Prompt investigation of every complaint, with findings and actions documented.
  4. No retaliation against anyone who complains or participates in an investigation.
  5. Clean settlement templates that comply with the Silenced No More Act.
  6. An HR hotline, often included with EPLI, for advice before decisions.

How EPLI covers harassment

ClaimEPLI
Sexual or other harassment by a manager or coworkerUsually covered, including defense of agency charges
Claims against the individual harasserCovered if they are an insured under the policy, until intentional misconduct is established
Retaliation after a complaintUsually covered
Customer claims of harassment by your staffRequires third-party EPLI
Silenced No More Act damagesCheck the wording; may be treated as a statutory penalty

See what EPLI covers and the complete EPLI guide.

Common questions

When is an employer liable for harassment in Washington?

When an owner, manager, partner, or corporate officer personally participates in the harassment, or when the employer authorized, knew, or should have known of harassment by supervisors or coworkers and failed to take reasonably prompt and adequate corrective action (Glasgow v. Georgia-Pacific, 1985).

Which Washington employers need panic buttons?

Hotels, motels, retail, security guard entities, and property services contractors that employ isolated employees, meaning janitors, security guards, hotel or motel housekeepers, or room service attendants who work alone or without nearby coworkers. Licensed contract security guard companies are exempt from the panic button requirement (RCW 49.60.515).

Can a harassment settlement be confidential in Washington?

The settlement amount can be confidential. But under the Silenced No More Act, a provision barring the employee from disclosing conduct they reasonably believed was illegal harassment, discrimination, retaliation, a wage violation, or sexual assault is void, and requesting one can bring $10,000 or actual damages plus fees.

Does EPLI cover sexual harassment claims?

Yes, typically, including defense of EEOC and state agency charges and lawsuits. Claims by customers require third-party EPLI. Coverage for an individual harasser usually ends if intentional misconduct is established.

Is harassment training required in Washington?

For employers covered by the isolated worker law, yes: training for managers, supervisors, and isolated employees is mandatory. Outside that law, we found no general Washington training mandate for private employers, but training supports a defense and is often expected by insurers.

Sources

This page is general information, not legal advice. Laws were checked against primary sources in October 2026.

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