Disability discrimination - Washington

Summary of differences between federal and state regulations

Employer defined

“Employer” includes any person acting in the interest of an employer, directly or indirectly, who employs eight or more persons. It does not include any religious or sectarian organization not organized for private profit.

Employers with fewer than eight employees are exempt from the State Law Against Discrimination. However, in February 2000 the State Supreme Court ruled in “Roberts v. Dudley” that the state has established a clear public policy against discrimination based on sex. As a result, the Court ruled that a person could have a legitimate cause of action for the common-law tort of wrongful discharge - even though their employer has fewer than eight employees. On July 10, 2000, the Washington State Court of Appeals Division I held in “Sedlaceck v. Hillis” that the reasoning from “Roberts v. Dudley” would apply equally to disability discrimination.

Unlawful employment practices

The unlawful employment practices and exemptions are similar to those under the federal Americans With Disabilities Act. For example, the state law includes exemptions for bona fide occupational qualifications and requires employers to make reasonable accommodations.

State law indicates that providing reasonable accommodations can cover conditions that substantially limit an individual’s ability to perform his or her job (as opposed to substantially limiting a major life activity). The Washington state definition of a disability is broader and covers a greater number of impairments and medical, mental, or psychological conditions.

Both federal and state law also include discrimination against a person with a disability who uses a trained dog guide or service animal. It is considered an unfair practice to fail to reasonably accommodate a person with a disability who uses a trained dog guide or service animal.

Posting

The state provides a poster titled “Washington Law Prohibits Discrimination in Employment.”

State

Contact

Human Rights Commission

Regulations

RCW Title 49, Chapter 49.60, Discrimination - Human Rights Commission

WAC Title 162, Human Rights Commission

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

Americans With Disabilities Act

29 CFR Parts 1630, Regulations to Implement the Equal Employment Provisions of the Americans With Disabilities Act