Washington State Human Rights Commission

The rules of the Washington State Law Against Discrimination (RCW 49.60) define a disability as any abnormal sensory, mental or physical condition that:

a. Is medically cognizable or diagnosable
b. Exists as a record or history
c. Is perceived to exist

What this means is that when someone has some kind of medical condition that makes his or her work hard to do it can be considered a disability.

Also if someone is treated badly at work because the supervisor thinks the worker has a disability (when they don’t). The law says that is unfair too.

Yes. The biggest difference is that federal law requires the medical condition to be permanent or long lasting. Federal law also requires the disability to have an impact on a major life function. State law covers medical conditions that are temporary or have short duration. State law also applies to permanent or long-term conditions.

When we are talking about something at work, this is a request to make some kind of change on the job. The change needs to allow someone with a disability to get the job done. If the disability makes work hard for you and a change will help get the job done. This is called a reasonable accommodation.

Some examples include, but are not limited to the following. A new chair because of a back injury. A change in work schedule to go to regular medical appointments. Some time off work to recover from an injury/surgery. Some changes in parts of the job that are not major changes.

The basic rule when we talk about a reasonable accommodation request is that some kind of change in the normal work environment is needed. As long as the change is needed for the worker to get the job done and is connected to someone’s disability. This should then result in both parties talking. This talk should be about can be done to help the worker. The employer doesn’t have to grant the change that the employee asks for. The change needs to help the employee remove barriers so the worker can get the job done.

Under state law the employer can decide that there isn’t a reasonable change they can make to the job. If so then the employer needs to look for another job for the employee. The employee needs to be able to do the new job though. The employer can move the employee to a different job, shift, or workday.

When an employer decides that they can’t make a reasonable change to the job for the worker they can let the worker go. If the employer does this, then the employer still needs to help the worker find a job with them after the worker is let go.

4. I hear the term “essential job functions” used about disabilities. What does this mean?

This is the term that the American’s with Disabilities Act (ADA) uses to see what the basic parts of a job are. The important parts of the job are determined by how often they are done or how important they are. The most important parts are considered when a work change is requested.

Under state law being able to properly perform the important parts of the job is the key part of making a change at work. This refers to the normal parts of the major job duties that makeup the job. This may mean a change or removal of minor job parts to reasonably accommodate the employee’s disability.

Use of illegal drugs is not protected under the law. However, if someone is recovering from alcohol or drug abuse and needs a change at work to recover then this is covered under the law. Usually, this means time off work to attend counseling sessions or AA meetings. Time off work for these meetings is okay to ask for.

6. Do laws covering people with disabilities require employers to hire a person with a disability?

The basic answer is no. However, the laws protecting people with disabilities are meant to protect people who can perform the job. If the person with a disability can’t perform the job, with or without a change at work, then they are not qualified for the job. Someone that cannot do the job doesn’t have to be hired.

7. How does an employer know if an employee needs a reasonable accommodation?

An employee needs to tell the employer what the work change is and that it is needed because of a disability. The employer does not need to provide a work change before the employee tells them. For example: Walking into work with a cast on your foot is not notice that you need a change at work.

When a disability is obvious, like a missing foot or arm, it may be enough notice for the employer to ask about a work change. When the disability is not obvious the employee needs to tell the employer. Most of the time it is the worker that needs to tell the employer of the need for a change at work.

There may be many reasons why the specific work change someone asks for is not granted. If a bona fide occupational qualification exists for a specific position that does not allow changes then this is one reason for a denial. If the employer can’t afford the change at work is another. This is called an undue hardship.

Undue hardship is determined when you look at the size of the employer and the assets available to them. Other factors would be whether the cost can be included in planned remodeling or repairs. Also other laws or contracts may be a reason for denial.

Undue hardship means that the work change would create great problems or expense. The employer must show that the work change would be overly costly, far-reaching, sizeable or disruptive. The employer could also show that the work change would basically alter the nature or operation of what they do.

A company with lots of money will have a hard time proving undue hardship. However, a small employer with a small amount of money may be able to easily prove undue hardship.

This phrase is about a person who has a disability and can get the job done. If the person with a disability can’t do the job then that person is not an able worker.

10. What exactly is a “trained guide dog” or “trained service animal”?

A trained guide dog is a one that is trained for the purpose of guiding blind persons. Or it could be a dog that is trained to assist hearing-impaired persons. They don’t have to use a harness or other special equipment.

A trained service animal is any animal that is trained to help the disabled person. As long as the trained animal helps a disabled person achieve success at work or at home it may qualify. Sometimes the training needed can be just for basic needs. However, the law does not protect an animal in training as a service animal.

For example: A dog that is aware of when its owner is about to have a seizure and warns the owner. The training may be to obey verbal commands of the owner and is house broken.

Applies to employees

11. I recently interviewed for a position and they offered me a job contingent upon me passing a physical. Can they do that?

Yes. An employer can offer a job based upon passing a physical exam that they pay for. The employer needs to follow the same procedure for all similar jobs. The employer can ensure that the new person can accomplish the job with or without a change at work.

12. What kind of protection do I have at work if I have some kind of disability?

People with disabilities are protected at work as long as they can do the job. Protections include the right for to be considered for a job. Employers need to provide a reasonable accommodation if possible. But only if the reasonable accommodation helps the person do the job.

Someone with a disability should not be treated badly while at work. People making jokes about the person with a disability are not allowed. If someone has a disability they need to get the same pay as others. Someone with a disability should also get all of the other benefits other people get. If someone needs help at work the boss needs to give help.

The boss is not supposed to treat people badly if someone asks for help. If someone asks for help and doesn’t get the help then tells the boss they don’t like it, that person is protected too.

13. What can I expect from my employer when I ask them for a reasonable accommodation?

The basic idea is that the employer and employee enter into some kind of back and forth talk where both parties share information. The employee needs to tell the employer what exact change in the work environment needs to happen. Remember the change needs to help the employee get the job done. The employer can both accept the request of the employee and make the change. Or the employer can ask for a medical opinion about the requested changes.

The employer should ask for a medical opinion before making a decision. The employer needs correct knowledge about the employees’ disability and what parts of the job need to change. The medical person needs to have a job description for the employee’s job. This way the medical provider can make an informed comment.

The employer should review the medical provider’s comment before it decides what work change is available for the employee. The employer decides what change is reasonable. The employer is not required to accept the requested change. A decision should be made using all available facts.

Generally anytime the boss notices a change in work quality or quantity. The questions should only be about things that change the worker’s ability to get the job done. If there is a medical condition that makes it hard for the worker to do the job then this is the time to tell the boss.

The employer then should ask the medical person for facts to help the worker get the job done. The employer should not ask about medical details not related to the worker getting the job done.

15. Do I have to provide my employer information about my medical condition?

Yes, you may be asked to provide medical facts if it is about your request for a change in your work situation. Unless other laws say the medical provider can’t tell the employer the information can be shared. The questions should only be about the medical problem that causes the work change request. Of course privacy laws also cover what the employer may do with this information.

16. Do I have to tell the people interviewing me for a job that I have a medical condition that doesn’t impact my ability to get the job done?

The only information you share in a job interview should be about your ability to get the job done. Therefore, unless your medical condition needs a change at work it should not be brought up.

17. If I need my trained service animal at work to help me get the job done can my employer deny me my request to use the animal at work?

The use of a trained service animal at work is the same as any other work change request and must be considered. However, there are some things here that may not apply in other situations. The animal needs to assist the employee to get the job done.

During the interactive process it may be decided that there is another way to help the worker get the job done. One example is for the worker to work from home. Generally the use of a trained service animal by the worker should be approved.

A request to use a trained service animal at work can be refused if the animal’s actions are an unreasonable risk to people or property.

If the animal is only a risk in a small part of the work place it cannot be removed from the whole work place. The risk needs to be direct or reasonably probable. The risk cannot be because someone is afraid of the animal without reason.

The owner is responsible for the behavior of the animal. Bad behavior by the animal is a reason to deny the request.

18. My supervisor said my chiropractor isn’t a doctor so she didn’t have to obey the chiropractor’s note about light duty. Isn’t my chiropractor’s note enough to get me light duty?

Washington law allows for any licensed health care provider to ask for changes at work. This allows a chiropractor to restrict someone to light duty. As long as the state licenses someone to identify the medical problem then they qualify to request changes at work.

Applies to employers.

The first protection is that the employee has to be able to perform the job duties. If the employee can properly perform the important parts of the job then help needs to be given to the employee. The intent is for the employer to help the employee do the job with or without a change to the work situation. So if this is possible an accommodation to the worker’s job duties is expected.

If the employee has a temporary disability then making short-term changes to the job duties is expected. When the employee is permanently disabled and can no longer perform the job duties the worker may be let go. However, if an open position is available then the disabled worker needs to be considered for this position as long as the job qualifications are met. Helping the worker find another suitable position with the employer applies even for a period of time after the worker leaves employment.

20. As an employer what do I have to do when an employee asks for a reasonable accommodation?

The most basic answer to this question is to talk with the employee about what exactly is needed. Enter into an interactive process where both parties share information. Asking for information about the requested work changes from the medical provider is a good idea. Making informed decisions about the real situation the employee is encountering is important. Don’t make assumptions about the worker’s medical condition and the ability to get the job done.

Once all of the facts about the situation are found out then making a decision about what is reasonable for your situation is next.

Normally questions about an employee’s medical condition should be avoided. But once poor work performance that may be because of a medical condition, becomes apparent asking about conditions that may be impacting the work performance is appropriate.

22. During a job interview can the applicant be asked about any medical condition?

The general rule here is no. Asking questions about ability to perform the primary functions of the job is always appropriate.
Asking medically related questions is also not a good idea. For example: Questions about previous workers compensation claims is dangerous and can lead to information being revealed that if acted on can cause trouble.

Testing is a good idea, as long as everyone else applying for the same type of job is asked to demonstrate his or her ability.

23. What does an employer do when an employee asks to bring their dog to work?

If the animal is a trained service animal and assists the employee in getting the job done then the general answer is to allow the animal at work. This should be treated like any other request for a reasonable accommodation. Entering into an interactive dialog is appropriate. Finding out if there are other means of accommodating the employee’s medical condition is always a good idea. Using this information to determine what change will help the employee get the job done is expected.

If the dog is the employee’s pet then the law against discrimination does not apply and the employer should follow its policy about pets at work.

Anyone licensed to practice medicine in Washington can prescribe work restrictions. As long as the medical provider is licensed for the specific medication condition the employee has then they may ask for work restrictions.

Places of Public Accommodation

25. I visited my local movie theater last night with my trained service animal and the manager wouldn’t allow me to enter with the animal. The manager said they don’t allow animals in the theater. Doesn’t the law allow my dog to go with me to places of public accommodation?

Yes, the law does call for places open to the public to allow a trained service animal to go with the person. The law treats the animal like any other tool that the person with a disability needs to fully enjoy the service or product. The owner of the animal is still responsible for how the animal acts. Bad behavior can be a reason to be asked to leave.

26. I use a wheelchair but a local business wouldn’t help me out when I tried to enter their store. Don’t they have to make their products available to me whether I can walk into the store or not?

The law says that places open to the public must make their products or services available to everyone. So if someone has a problem getting around they must still have access to the service or product. This does not mean that they have to change their building to give access. This may mean that the owner does business someplace else or through another method for people with a disability.

Generally any building built in the last few years meet the building code. The building code meets the ADA needs. However, in some cases this isn’t the situation but the public still needs to have access.

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Frequently Asked Questions

Disability Questions

Applicable to everyone

Applies to employees

Applies to employers.

Places of Public Accommodation