Don’t Let Your Employer Get Under Your Skin

Washington has joined the growing ranks of states that are making it an unlawful employment practice for an employer to require employees to be subjected to microchipping as a requirement for employment. On January 7, 2026, HB 2303 was introduced to the Washington legislature, and on March 11, 2026, Governor Ferguson signed the bill into law, which will take effect on June 10, 2026. Technological advancements have reached the point of being able to safely implant microchips and other tracking devices in the human body. The law was enacted to ensure the bodily autonomy and privacy of Washington workers.

The law intends to prevent employers from requesting, requiring, or coercing employees or applicants from having a microchip implant for any reason. However, the law does not prevent all tracking practices, such as use of GPS systems in company vehicles or wearable tracking devices that can be easily removed outside of work. A violation of this law will entitle an affected employee to bring civil action in court. Upon prevailing, the employee may be entitled to injunctive relief, actual damages, punitive damages, and reasonable attorneys’ fees.