Washington State Human Rights Commission

Date: May 18, 2007
FOR IMMEDIATE RELEASE
CONTACT: Marc Brenman, Executive Director
Phone:   360-753-2558
                        E-mail: mbrenman@hum.wa.gov

OLYMPIA – A bill expanding the definition of disability under the Washington Law Against Discrimination (WLAD), RCW 49.60, was passed by the Legislature during the 2007 legislative session and signed by Governor Chris Gregoire. SB 5340 defines disability more broadly than does the general federal law on disability rights, the Americans with Disabilities Act (ADA). The Washington State Human Rights Commission (WSHRC) enforces the WLAD and investigates and resolves complaints of discrimination, and will implement the expanded jurisdiction as a neutral, fact-finding agency.
Marc Brenman, WSHRC Executive Director said “People with disabilities must be treated with the same respect and dignity as any other member of society. These protections will help ensure that people can work, go to school, and shop without fear of discrimination.” The WLAD prohibits discrimination on the basis of disability in employment, housing, public accommodation, credit and lending, and insurance transactions, depending on the circumstances and type of discrimination alleged.
Historically, protections for people with disabilities in Washington State have been broader than protections under federal law, including more people in the definition of disability. These legal protections were in place for over 30 years. Then the Washington State Supreme Court decided McClarty v. Totem Electric in July 2006. This decision changed Washington Law to the ADA definition of disability, greatly limiting state law protections for persons with disabilities. In recent years, the federal courts have greatly narrowed the coverage of federal disability discrimination protections.

The new legislation, which takes effect July 21, 2007, includes retroactive coverage of all disability discrimination causes of action before July 6, 2006. The WSHRC, which closed many cases because the definition of disability under McClarty and the ADA was not met, is currently determining how it will apply this retroactivity.

“These protections give people equal opportunity in employment. Because of this bill, we are not inheriting some of the federal ADA cases where peoples’ rights have been chipped away. Passage of this bill is a real tribute to the community working together to reclaim what we had before,” said Commissioner Shawn Murinko of Olympia. About forty percent of WSHRC cases involve a claim of disability discrimination in the workplace.

The WSHRC enforces the WLAD, which prohibits discrimination in employment (employers with eight of more employees), housing, places of public accommodation, and credit and insurance transactions, on the basis of race, color, creed, national origin, sex, sexual orientation, including gender expression/ identity, marital status, age (over 40), the presence of any sensory, mental, or physical disability, the use of a trained dog guide or service animal by a person with a disability, retaliation for opposing an unfair practice, filing a whistleblower complaint with the Washington State Auditor, or filing a nursing home abuse complaint. It is the broadest civil rights statute in the nation. For more information about the WSHRC visit www.hum.wa.gov.

WSHRC Commissioners, as appointed by Governor Chris Gregoire, are Kathy Baros Friedt, Chair, Olympia; Ellis Casson, Seattle; Deborah Sioux Cano-Lee, Olympia; Gerald Hebert, Kitsap County; and Shawn Murinko, Olympia.

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