/>iInvestigation records have typically been considered public records under Washington State’s public disclosure law, absent a specific exemption or an established legal privilege. On May 15, 2025, Washington Governor Bob Ferguson signed into law House Bill (HB) 1934, a measure that received overwhelming support in the legislature and require broad redaction of the names and identifying information of complaining parties and witnesses who provide statements, interviews, and/or information in certain public employer workplace investigations.
Quick Hits
- Washington’s Public Records Act has been amended to expand the list of items that must be redacted from public workplace investigative records.
- The amended provision, effective July 27, 2025, also requires that voices in audio recordings be altered to protect the identities of witnesses involved in investigations of harassment, discrimination, and other workplace issues.
- Despite these new privacy protections, the names of elected government officials accused of misconduct will still be publicly accessible.
Washington’s newly amended Public Records Act requires that the voices in audio-recorded statements be altered so as not to be recognizable, while preserving tone and inflection. Applicable investigations include those that evaluate allegations of sexual and other workplace harassment, discrimination, hostile work environment, retaliation, and policy violations. This means that neither names nor titles may be divulged to the public. The names of those public officials accused of misconduct are still typically a matter of public record.
This is a change from existing law that limits disclosure of investigation documents for public employees who report harassment, discrimination, or retaliation under the Washington Law Against Discrimination (Chapter 49.60 RCW) while such an investigation is pending; absent consent, once an investigation is concluded, documents that include job titles and other identifying information can be produced, but names must be redacted in all produced records. All interviewed witnesses must also have their names redacted.
As amended, the law goes further, requiring the broad redaction of specific identifying information, including job titles, images, email addresses, phone numbers, and identifiable voices. According to the bill summary, “the name and title of a complainant may not be redacted if the complainant is an elected government official.” The amended law takes effect on July 27, 2025.
