HB2303 • 2026

Employee microchipping

Prohibiting employers from microchipping employees.

Labor Privacy

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Representative Thomas, Representative Parshley, Representative Berry, Representative Reed, Representative Ramel, Representative Obras, Representative Street, Representative Wylie, Representative Taylor, Representative Duerr, Representative Kloba, Representative Scott, Representative Morgan, Representative Ryu, Representative Doglio, Representative Gregerson, Representative Ormsby, Representative Goodman, Representative Reeves, Representative Macri, Representative Fosse, Representative Bergquist, Representative Cortes, Representative Hill, Representative Bernbaum
Last action: 2026-02-14
Official status: H subst for
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Employee microchipping

What This Bill Does

Employee microchipping

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

2303-S AMH WALJ LEON 264

1720 • Walsh

ADOPTED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2303-S AMH WALJ LEON 264 1 - Official Print By Representative Walsh EFFECT: Adds a legislative intent section.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2303-S AMH WALJ LEON 264 1 - Official Print By Representative Walsh EFFECT: Adds a legislative intent section.
2303-S AMH WALJ LEON 264 SHB 2303 - H AMD 1720 ADOPTED 02/14/2026 On page 1, line 5, after "1." insert "(1) The legislature finds and declares that individual liberty and bodily autonomy are fundamental rights protected by the United States Constitution and the Washington Constitution.
Employers should not have the authority to require or coerce invasive procedures as a condition of employment.
Technological advances have made it possible to implant microchips and other tracking devices into the human body; however, without clear legal safeguards, such practices threaten personal privacy, individual dignity, and freedom of choice in the workplace.

2303-S AMH WALJ LEON 266

1721 • Walsh

NOT ADOPTED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2303-S AMH WALJ LEON 266 1 - Official Print By Representative Walsh EFFECT:  For purposes of the prohibition against coercing employees to have microchips implanted, defines "coercion" as intentionally attempting to compel an employee to accept implantation of a microchip by taking, or threatening to take, an adverse employment action against the employee.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2303-S AMH WALJ LEON 266 1 - Official Print By Representative Walsh EFFECT:  For purposes of the prohibition against coercing employees to have microchips implanted, defines "coercion" as intentionally attempting to compel an employee to accept implantation of a microchip by taking, or threatening to take, an adverse employment action against the employee.
Provides that it does not constitute "coercion" for an employer to offer an employee microchip implantation on a voluntary basis without taking, or threatening to take, an adverse employment action.
 Defines "adverse employment action" as including: terminating, suspending, or demoting the employee; refusing to hire the 2303-S AMH WALJ LEON 266 SHB 2303 - H AMD 1721 NOT ADOPTED 02/14/2026 On page 1, line 15, after "(a)" insert ""Adverse employment action" includes: terminating, suspending, or demoting the employee; refusing to hire the employee; reducing the employee's rate of pay or benefits; or making other materially adverse changes to the employee's duties or working conditions.
"Adverse employment action" does not include: enforcing workplace policies unrelated to microchip implantation; taking action for legitimate, non-retaliatory business or employment reasons; or providing information about available technologies.

2303-S AMH WALJ LEON 265

1722 • Walsh

NOT ADOPTED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2303-S AMH WALJ LEON 265 1 - Official Print By Representative Walsh EFFECT: Removes the provision prohibiting an employer from requesting an employee to have a microchip implanted, thereby limiting the bill to prohibiting an employer from requiring or coercing an employee to have a microchip implanted.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2303-S AMH WALJ LEON 265 1 - Official Print By Representative Walsh EFFECT: Removes the provision prohibiting an employer from requesting an employee to have a microchip implanted, thereby limiting the bill to prohibiting an employer from requiring or coercing an employee to have a microchip implanted.
2303-S AMH WALJ LEON 265 SHB 2303 - H AMD 1722 NOT ADOPTED 02/14/2026 On page 1, line 7, after "not" strike "request, require," and insert "require" --- END

Bill History

2026-02-14 House
1st substitute bill substituted.

Official Summary Text

Employee microchipping

Current Bill Text

Read the full stored bill text

AN ACT Relating to prohibiting employers from microchipping 1
employees; adding a new section to chapter 49.44 RCW; and prescribing 2
penalties. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to chapter 49.44 5
RCW to read as follows: 6
(1) An employer may not request, require, or coerce any employee 7
to have a microchip implanted in the employee for any reason.8
(2)(a) An employee alleging a violation of this section may file 9
a complaint with the department. The department shall investigate the 10
complaint. The department may issue either a citation and notice of 11
assessment or a closure letter. 12
(b) If the department finds that an employee's allegation cannot 13
be substantiated, the department shall issue a closure letter to the 14
employee and the employer detailing the department's finding.15
(c) If the department finds that the employer violated this 16
section, the department shall issue a citation and notice of 17
assessment. For a first-time violation, the department shall order 18
the employer to pay the department a civil penalty of no less than 19
$10,000. For repeat violations, the department shall order the 20
H-2449.1
HOUSE BILL 2303
State of Washington 69th Legislature 2026 Regular Session
By Representatives Thomas, Parshley, Berry, Reed, Ramel, Obras,
Street, Wylie, Taylor, Duerr, Kloba, Scott, Morgan, Ryu, Doglio,
Gregerson, Ormsby, Goodman, Reeves, Macri, Fosse, Bergquist, Cortes,
Hill, and Bernbaum
Prefiled 01/07/26. Read first time 01/12/26. Referred to Committee
on Labor & Workplace Standards.
p. 1 HB 2303
employer to pay the department a civil penalty of no less than 1
$20,000 for each repeated violation. 2
(d) The department may collect unpaid citations pursuant to RCW 3
49.48.086. 4
(e) The department shall deposit civil penalties paid under this 5
section in the supplemental pension fund established under RCW 6
51.44.033. 7
(f) The department may issue subpoenas to compel the attendance 8
of witnesses or parties and the production of documents, administer 9
oaths and examine witnesses under oath, take depositions, and seek 10
affidavits or other verifications. The department may request an 11
employer to perform a self-audit of any records, which must be 12
provided within a reasonable time as specified in the self-audit 13
request. The records the employer examines for the self-audit must be 14
made available to the department upon request. 15
(g) An employer or employee aggrieved by a citation, assessment, 16
or determination issued by the department under this section may 17
appeal the citation, assessment, or determination to the director by 18
filing a notice of appeal with the director within 30 days of the 19
department's issuance of the citation, assessment, or determination. 20
A citation, assessment, or determination not appealed within 30 days 21
is final and binding and not subject to further appeal.22
(h) A notice of appeal filed with the director under this section 23
stays the effectiveness of the citation, assessment, or determination 24
pending final review of the appeal by the director as provided for in 25
chapter 34.05 RCW. 26
(i) Upon receipt of a notice of appeal, the director shall assign 27
the hearing to an administrative law judge of the office of 28
administrative hearings to conduct the hearing and issue an initial 29
order. The hearing and review procedures must be conducted in 30
accordance with chapter 34.05 RCW, and the standard of review is de 31
novo. A party who seeks to challenge an initial order must file a 32
petition for administrative review with the director within 30 days 33
after service of the initial order. The director shall conduct an 34
administrative review in accordance with chapter 34.05 RCW.35
(j) The director shall issue all final orders after appeal of the 36
initial order. The final order of the director is subject to judicial 37
review in accordance with chapter 34.05 RCW. 38
p. 2 HB 2303
(k) Orders that are not appealed within the time period specified 1
in this section and chapter 34.05 RCW are final and binding and not 2
subject to further appeal. 3
(l) An employer who fails to allow adequate inspection of records 4
in an investigation by the department under this section within a 5
reasonable time period may not use such records in any appeal under 6
this section to challenge the correctness of any determination by the 7
department of penalties assessed. 8
(m) The department may adopt rules to implement this section.9
(3)(a) In addition to filing a complaint with the department, an 10
employee aggrieved by a violation of this section may bring a civil 11
action in a court of competent jurisdiction. 12
(b) The employee must commence the civil action within three 13
years of the date of the alleged violation regardless of whether the 14
employee filed a complaint with the department. 15
(c) The court may award a prevailing employee injunctive relief, 16
actual damages, punitive damages, and reasonable attorneys' fees and 17
costs. 18
(4) For purposes of this section, the following definitions apply 19
unless the context clearly requires otherwise: 20
(a) "Department" means the department of labor and industries.21
(b) "Director" means the director of the department of labor and 22
industries or the director's designee. 23
(c) "Employer" means any person, firm, corporation, partnership, 24
business trust, legal representative, or other business entity which 25
engages in any business, industry, profession, or activity in this 26
state and employs one or more employees, and includes the state, any 27
state institution, state agency, political subdivisions of the state, 28
and any municipal corporation or quasi-municipal corporation.29
(d) "Employee" means an individual who is employed by the 30
employer or who is an applicant for employment with the employer.31
(e) "Microchip" means a product, device, or technology that is 32
subcutaneously implanted in the body of an individual and contains a 33
unique identification number and personal information that can be 34
noninvasively retrieved or transmitted with an external scanning 35
device. "Microchip" does not include a device that is implanted in an 36
individual if the device is used in the diagnosis, monitoring, 37
treatment, or prevention of a health condition, and only transmits 38
such information as is necessary to carry out the diagnosis, 39
monitoring, treatment, or prevention of the health condition.40
p. 3 HB 2303
(f) "Subcutaneously" means beneath the skin. "Subcutaneously" 1
does not include information temporarily attached to the skin by an 2
adhesive strip or bracelet upon which or within which personal 3
information is maintained or stored. 4
--- END ---
p. 4 HB 2303