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Washington State FAIR HOUSING UPDATE |
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By Laura Lindstrand, Senior Investigator Washington State Human Rights Commission In Washington State, there have been significant changes to disability law from July 2006 to July 2007. On July 6, 2006, in McClarty v. Totem Electric, 157 Wn.2d 214 (2006), the Supreme Court of the State of Washington, in a 5- 4 ruling, adopted the Americans with Disabilities Act (ADA) definition of disability. In doing so, the Court dispensed with its earlier decisions regarding the definition of disability, as well as with the Washington Administrative Code (WAC) regulation that had successfully served as the Washington State Human Rights Commission's (WSHRC) definition of disability since 1973. In response to this decision, the Washington State Legislature enacted SB 5340, which effectively overturns the McClarty decision. This new statute, signed by Governor Gregoire, returns the State to a broad definition of disability, and increases protections for people with medical, psychological, and other conditions. The new definition also protects people with temporary disabilities and disabilities that are mitigated through medication or other means. The new definition is effective July 21, 2007. The legislation also has a retroactivity section, which applies the broad definition of disability to all causes of action that occurred before July 6, 2006. The WSHRC formed a committee to analyze all disability cases that were closed after the McClarty decision and to determine if the cases were closed due to McClarty, and if so, if they are impacted by the retroactivity clause. Eleven cases, including one housing case, were re-opened for further investigation into the merits of the case. For causes of actions that occurred between July 6, 2006, and July 21, 2007, the definition of disability promulgated in the McClarty decision will be applicable. However, entities are free to apply the broader definition of disability to a given situation at any time. Housing providers should analyze their practices and their reasonable accommodation request procedures under the new disability definition to ensure that they will be in compliance as of July 21, 2007. 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, honorably discharged veteran or military status (starting July 22, 2007), retaliation for opposing an unfair practice, filing a whistleblower complaint with the Washington State Auditor, or filing a nursing home abuse complaint. 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; Jerry Hebert, Kitsap County; and Shawn Murinko, Spokane. The Executive Director is Marc Brenman. OCR Fair Housing Home Page | Your comments about this Web page Updated: July 6, 2007 King County | DES | OCR | News | Services | Search Links to external sites do not constitute
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