Washington Supreme Court rules that obesity can be considered a disability in an employment law setting
Today, the Washington Supreme Court issued its ruling in Taylor v. Burlington N. R.R. Holdings, Inc., in which the Court answered a distinct question about whether or not obesity is a disability for purposes of the Washington Law Against Discrimination (WLAD). As we've talked about before, the WLAD protects employees from discrimination in hiring, firing, retention, and promotion by Washington employers. WLAD applies to a number of protected classes (age, race, gender, sexual orientation, etc.), but also to disabilities.
The Washington Supreme Court was asked if the WLAD protected obese employees in hiring decisions when a person's condition of obesity would not impact the requirements of job. Specifically, the court considered if it was okay for an employer to choose not to hire an obese potential employee who was applying for a job that would not be impacted by his weight.
In a 7-2 decision, the Washington Supreme Court held that obesity is a disability under the WLAD because it is an "impairment" that is recognized by the medical community as a physiological disorder or condition. The court went on to make clear that if an employer refused to hire an employee who the employer believes is obese, and that applicant is otherwise qualified and able to do the job, the employer is in violation of the WLAD and has unlawfully discriminated against that potential employee.
To be clear, this ruling is only limited to the State of Washington. It does not change the fact that certain disabilities, including obesity, may keep an employee from doing a job such that an employer need not hire that employee or provide an accommodation. For example, an employee who is or becomes blind is not entitled to work at a job that requires her to drive. It would not be unlawful discrimination under the WLAD for the employer to not hire that blind employee as a driver. But, this ruling is significant in that a person's actual or perceived obesity cannot be a determinative factor in an employer's hiring decisions.
Have questions about this or other employment rights in Washington or Idaho? We're happy to discuss them with you.
It's the time of year again in Washington State. The state legislature passed a number of bills that Gov. Jay Inslee has signed into law that went into effect on July 1, 2019. Here's what you need to know about some of the new laws:
1. TRAFFIC: For those of you in Western Washington, HOV or carpool lane violations have higher fines. For the simple offender, the ticket goes up an extra $50 for a first-time violation. For those of you who try to be sneaky using stuffed animals, mannequins, and other faux-passengers, the violation is $200 more.
2. Health: The personal or philosophical exception to vaccinating children against measles, mumps, or rubella (the MMR vaccine) is no more. That means that parents must vaccinate their children before sending them to school or licensed day cares. The religious exemption still exists.
3. Employment. A big win for back-to-work moms - employers now have to either provide a private place that is not a bathroom stall or work with the employee to allow her to breast feed and/or pump breast milk in a private setting.
4. Voting. All ballots in Washington will include prepaid postage for all elections to reduce barriers to voting.
5. Residential Tenants: Renters made two big wins. First, a tenant must give 14-days notice for an eviction due to non-payment of rent. This is 11 days more than under prior laws. Second, a landlord must provide sixty (60) days written notice to increase rent. Per usual, a landlord cannot increase rent while a lease is still valid. That means if you signed a year-long residential lease, you get the stated amount of rent during that year - no changes can occur to the amount of monthly rent.
This is just a portion of the new Washington laws. Remember, your city or county may have additional new laws, especially if you're in King County. As always, for our Idaho clients, we're happy to give you a rundown of your rights' in Idaho, as they often vary greatly from those in Washington. We're here to help.
Today, July 5, 2017, Washington State Governor Jay Inslee signed into law Senate Bill 5975, a bipartisan bill providing paid family and medical leave for Washington employees. Although the law does not go into effect until 2020, here are the key details:
1. Eligible workers can take extended paid leave for a new child, a severely ill family member, or the worker's own serious health condition.
2. Both employers and employees pay into the system, but the burden to both is expected to be low. According to the Washington State Senate, an employee making $50,000 per year would pay $2.42 per week and the employer would pay $1.42 -- less than a trip to Starbucks.
3. The weekly amount paid out is capped at $1,000. Workers earning less than $1,000 per week would receive a payment of 90% of their income while on leave.
4. Two (2) additional weeks are available for health conditions related to a pregnancy.
5. Self-employed workers will only be required to pay the employee share to receive the benefits.
6. Employers with fifty (50) or fewer employees are exempt from the employer share of premiums as well.
7. Premiums will begin to be collected on January 1, 2019 from employers and employees.
8. Total annual leave is between 12 and 16 weeks maximum, depending upon the circumstances.
Washington is the 5th state to have a paid family leave program, joining California, New Jersey, Rhode Island, and New York. If you already have paid leave options or if you want to learn more as an employer or employee, contact an employment attorney. Note that this paid leave program is a supplement to state and federal FMLA laws.
All blog posts are written by members of the GIANTlegal team, unless otherwise indicated. Information contained in our blog does not constitute legal advice, nor does it create an attorney-client relationship.