Seattle Disability Discrimination Attorney
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Ed Hones is an employment lawyer in Seattle, Washington, who represents employees in disability discrimination and reasonable accommodation cases. Washington law protects workers from being fired, denied opportunities, or otherwise treated unfairly because of a disability. It also requires employers in many circumstances to provide reasonable accommodations that allow employees with disabilities to continue working. If you believe your employer discriminated against you because of a medical condition or refused to reasonably accommodate your disability, contact Hones Law for a consultation.
Disability discrimination
Washington law prohibits employers from discriminating against workers because of a sensory, mental, or physical disability.1 Disability discrimination can occur when an employer refuses to hire someone, terminates an employee, denies a promotion, reduces compensation, or otherwise treats an employee differently because of a disability.
There are two common types of disability cases in the workplace. The first involves discriminatory treatment: the employer takes an adverse action because the worker is disabled. The second involves reasonable accommodation: the employee can perform the job with an accommodation, but the employer fails to provide one.
If your employer treated you unfairly because of a disability, contact my office for a consultation. For a broader discussion of workplace discrimination, see my discrimination guide.
What qualifies as a disability under Washington law?
Washington’s definition of disability is broader than many employees realize. A disability can include a physical, sensory, mental, developmental, traumatic, or psychological impairment that is medically recognizable or diagnosable. The law also protects workers who have a history of an impairment or who are discriminated against because an employer perceives them as having one.2
A condition does not necessarily have to be permanent or severe to fall within Washington’s general definition of disability. Washington law expressly provides that a disability may be temporary or permanent, common or uncommon, and mitigated or unmitigated.
The rules for obtaining a reasonable accommodation are somewhat more specific. For accommodation purposes, there generally must be an actual impairment that substantially affects the employee’s ability to perform the job, apply for a job, or enjoy equal terms and conditions of employment, or medical documentation showing that performing the job without accommodation is reasonably likely to substantially aggravate the condition.
This distinction matters. A worker may be protected from discrimination based on an employer’s perception of a disability even though a perceived condition, standing alone, may not support a failure-to-accommodate claim.
Table of Contents
Reasonable accommodations at work
A reasonable accommodation is a change to the job or workplace that allows an employee with a disability to perform the job or receive equal employment opportunities. Washington regulations identify adjustments to job duties, work schedules, the scope of work, workplace conditions, and consideration for vacant positions as possible reasonable accommodations.3
Depending on the employee’s condition and the particular job, an accommodation may include modifying a work schedule, changing how certain duties are performed, providing equipment, modifying workplace policies, permitting telework where appropriate, providing disability-related leave, or considering reassignment to a vacant position for which the employee is qualified.
There is no single accommodation that applies to every employee. The question is ordinarily whether there is an effective accommodation that allows the worker to perform the essential functions of the job without creating an undue hardship for the employer. An employer is not necessarily required to provide the employee’s preferred accommodation if another effective accommodation is available, but it should meaningfully evaluate workable options rather than simply saying no.
The interactive process
Reasonable accommodation is supposed to be an individualized process. In practice, the employee usually explains the medical restriction or workplace problem and identifies the type of assistance that may help. The employer may request appropriate information from a health care provider regarding the employee’s limitations and possible accommodations. Medical opinions should be based on the individual employee and the actual requirements of the job, not assumptions or stereotypes about people with the same diagnosis.4
Washington regulations also require employee medical information to be maintained confidentially and separately from ordinary personnel files, subject to limited need-to-know exceptions.
Medical leave and disability-related termination
Can medical leave be a reasonable accommodation?
Yes, in appropriate circumstances. Disability-related leave can qualify as a reasonable accommodation when it would allow an employee to address a medical condition and return to work, unless providing the leave would impose an undue hardship.5
This issue commonly arises when an employee has used FMLA, Washington Paid Family and Medical Leave, sick leave, or an employer’s internal medical leave but still needs additional time because of a disability. The expiration of another leave entitlement does not necessarily resolve the separate disability-accommodation question. The employer may still need to evaluate whether additional leave, a modified schedule, temporary restrictions, or another accommodation would permit the employee to continue working or return to work.
Can your employer fire you because of a disability?
An employer cannot lawfully fire an employee because of a protected disability.6 The law does not, however, guarantee employment regardless of whether the employee can perform the job. Disability law generally protects a worker who can perform the essential functions of the position, either without assistance or with a reasonable accommodation.
Many disability-termination cases turn on what the employee could actually do, what accommodations were available, what the employer knew before making its decision, and whether the explanation for the termination is supported by the evidence. If the disability issue is tied to a discharge, see my wrongful termination guide.
Signs of disability discrimination
Disability discrimination is not always announced openly. Potential warning signs include:
- A sudden change in treatment after the employer learns about a diagnosis or medical restriction;
- Negative comments about medical restrictions or the need for accommodation;
- Pressure to return to work before a doctor releases the employee;
- Refusal to discuss possible accommodations;
- Termination shortly after an accommodation or medical-leave request;
- Shifting explanations for an adverse action; or
- Treating comparable employees differently.
None of these facts automatically proves discrimination. But timing, inconsistent explanations, emails, medical documentation, performance history, and the way an employer handled the accommodation process can become important evidence.
Retaliation involving disability rights
Washington law also prohibits employers from retaliating against workers because they oppose practices prohibited by the Washington Law Against Discrimination or participate in a discrimination proceeding.7 If an employer disciplines, demotes, terminates, or otherwise penalizes an employee because the employee opposed disability discrimination or raised concerns about an unlawful refusal to accommodate, a separate retaliation issue may exist. For more information, see my retaliation guide.
What should you document?
Keep copies of accommodation requests, emails with Human Resources or supervisors, medical restrictions you provided to the employer, the employer’s responses, relevant job descriptions, performance reviews, leave records, disciplinary documents, and termination communications. When possible, important accommodation discussions should be confirmed in writing.
Frequently asked questions
Does Washington disability law cover temporary medical conditions?
Potentially, yes. Washington expressly provides that a disability may be temporary or permanent. The specific requirements for obtaining a workplace accommodation are more detailed and depend on how the impairment affects the employee’s work or whether working without accommodation would substantially aggravate the condition.8
Can my employer ask for medical documentation?
In appropriate circumstances, yes. An employer may seek a health care professional’s opinion regarding whether the disability affects performance of the job and what accommodations may be effective. The analysis should be individualized and tied to the actual job requirements. Washington regulations also require the employer to maintain medical information confidentially.9
Does my employer have to give me the exact accommodation I request?
Not necessarily. The purpose is to provide an effective reasonable accommodation. If multiple effective accommodations exist, an employer may generally choose among them, provided the accommodation actually addresses the employee’s work-related limitations.
Can reassignment be a reasonable accommodation?
Yes. Washington regulations identify informing an employee about vacant positions and considering the employee for positions for which the employee is qualified as a possible accommodation.10
How large does my employer have to be?
The Washington Law Against Discrimination generally applies to employers with eight or more employees. The federal ADA generally applies to employers with 15 or more employees.11
Employment Law is my Singular focus
If you were the victim of disability discrimination, you need a discrimination attorney who knows the practice area well and can get you compensation.
I am a discrimination lawyer in Seattle, Washington, who focuses on one area of law so that you can rest assured that your case is in the right hands.
Contact Hones Law today for a free consultation.
