EXECUTIVE ORDER 18-03

SUPPORTING WORKERS’ RIGHTS TO

EFFECTIVELY ADDRESS WORKPLACE VIOLATIONS

WHEREAS, our nation and state have adopted numerous laws that require employers to ensure

their ability to bargain; and

WHEREAS, the United States Supreme Court, in its recent Epic Systems Corp. v. Lewis

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decision, held that if employees sign an arbitration agreement requiring individual arbitration

proceedings as a condition of employment, then those agreements preclude employees from

pursuing a class or collective action against their employer to resolve disputes; and

WHEREAS, when employers require workers to accept an arbitration clause as a condition of

employment they deny workers the opportunity to seek redress for employment grievances

WHEREAS, limiting an employee’s right to act collectively to address workplace violations and

requiring resolution through individual arbitration reduces transparency and diminishes public

accountability; and

WHEREAS, collective power is a real force for change, as evidenced by the “Me Too”

(#MeToo) movement. When the door to collective action is closed, it limits peoples’ power and

exacerbates fear of retaliation and of losing one’s job; and

WHEREAS, the State has a duty to act as a responsible steward of public dollars. It is also a

major employer and plays an influential role in the market place; accordingly, it is incumbent on

NOW, THEREFORE, I, Jay Inslee, Governor of the state of Washington, by virtue of the

power vested in me by the Constitution and statutes of the state of Washington do, effective

immediately, hereby order and direct as follows:

1. PROCUREMENT PROCEDURES

To the extent permissible under state and federal law, when making purchasing and other

procurement decisions, all state executive and small cabinet agencies shall seek to contract with

qualified entities and business owners that can demonstrate or will certify that their employees

Director of DES, or the Director’s designee(s), shall convene any necessary workgroups to

establish best practices and consistent application of this Order statewide. It shall report on the

progress and impact of this Order to the Office of the Governor, including any recommendations

to further the purpose of this Order, no later than July 1, 2019 and;

I urge all other employers, public and private, to join me in this effort to protect workers’ rights.

This Order is effective immediately.

This Order is not intended to confer, and does not confer, any legal right or entitlement, and shall