Employee Assistance Programs (EAP) Confidentiality Law Enacted – Effective on June 9, 2022

On March 4, 2022, Gov. Inslee signed SB 5564 into law, which prohibits employers from obtaining individually identifiable information regarding an employee’s participation in an EAP program. Further, it will require employers to keep individually identifiable information gathered during EAP participation to be kept confidential. Additionally, an employee’s participation or nonparticipation in an EAP program should not be a factor in a decision affecting an employee’s job security, promotional opportunities, corrective or disciplinary action, or other employment rights. The law becomes effective on June 9, 2022.

The law provides a few exceptions to the requirements in the following circumstances:

• Disclosures to an employer of an employee’s EAP attendance if the employee was required to attend as a condition of continued employment;
• Disclosures are made to prevent or lessen a perceived threat to the health or safety of an individual or the public; or
• Disclosures that are permitted or required by law (RCW 18.225.105, 70.02.050, or 71.05.120)

Employers with Washington employees who provide or are considering implementing an EAP program should review the new privacy protection rules and prepare for compliance.

SB 5564 »