Implementation Date of Law
July 1, 2021
Subject
Discrimination, abusive conduct, and challenging behaviors
Authority
RCW: 49.95 (.005, .010, .020, .030, .040, .050, .060, .070); MB H21-039
Policy
The agency will comply with all provisions of MB H21-039 and Title 49, Chapter 49.95 RCW regarding how KWA addresses discrimination, abusive conduct, and challenging behaviors in in-home care.
Purpose
To support caregivers working in environments with challenging behaviors, resolve issues impacting personal care, and ensure compliance with long-term care worker harassment, abuse, and discrimination laws.
Definitions
- Abusive conduct: Workplace aggression, violence, sexual misconduct, harassment, or threatening behavior.
- Challenging behavior: Client behavior related to a disability that may be offensive or pose a safety risk.
- Aggravated workplace violence: Assault or threats involving a lethal weapon or object used as one.
- Discrimination: Employment discrimination under Chapter 49.60 RCW (excluding allowable gender preferences by care recipients).
- Discriminatory harassment: Conduct based on protected class creating a hostile work environment.
- Employee: Long-term care worker employed by KWA (caregivers).
- Harassment: Includes inappropriate comments, touching, gestures, or hostile actions.
- Inappropriate sexual behavior: Nonphysical sexual conduct considered offensive.
- Offensive conduct: Includes slurs, threats, ridicule, or interference with work.
- Workplace physical aggression: Threats or acts of physical harm.
- Workplace verbal aggression: Nonphysical hostility or threats.
- Workplace violence: Physical assault or use of nonlethal weapons.
Procedure
- KWA distributes this policy at hire, annually, and upon updates.
- The policy is posted in all offices and on the website.
- Available in English, Korean, Spanish, and Vietnamese.
- Reviewed and updated annually.
Examples of Prohibited Conduct
Harassment
- Inappropriate comments or requests
- Repeated unwanted phone calls
- Demanding specific caregiver gender
- Yelling, intimidation, or locking caregiver out
- Aggressive animals not confined
Abuse
- Emotional manipulation
- Exposure to violence in the home
- Objects thrown at caregiver
- Physical harm (hitting, pinching, kicking)
- Sexual advances or degrading acts
Discrimination
- Refusal based on gender, language, disability, or religion
- Termination due to accent or ESL status
- Bias related to vaccination status
Incident Reporting
- Caregiver must report incidents immediately to supervisor.
- If unavailable, report to administrative staff.
- Supervisor completes documentation and investigation.
Emergency Safety Protocol
- Call 911 if necessary
- Remove yourself from danger
- Contact supervisor before leaving if possible
- No abandonment unless imminent harm risk
Retaliation Policy
- Clients may not retaliate against caregivers
- All retaliation must be reported
- Caregiver will be reassigned if needed
Resources
- KWA HR Department
- SEIU 775 NW Employee Assistance Program
- EEOC – 1-800-669-4000
- EEOC Washington Office
- WA Human Rights Commission – 1-800-233-3247
- hum.wa.gov
Recordkeeping
- All incidents are documented and stored for 5 years
- Reports maintained by Compliance Officer
- Data may be shared in anonymized form
Employee Protection
- No retaliation for reporting incidents
- No reduction in pay or assignments
- False claims may result in disciplinary action
Compliance
KWA will comply with all RCW 49.95 requirements and implement ongoing training and policy improvements.