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Washington State FAIR HOUSING UPDATE |
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In July 2006, in McClarty v. Totem Electric, 75024-6 (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 served as the Washington State Human Rights Commission's (WSHRC) definition of disability. The new definition of disability, as defined in the ADA, is currently the law in the State of Washington. The ADA definition will now be applied to any claims alleging disability discrimination arising under RCW 49.60, the Washington Law Against Discrimination (WLAD). The ADA definition will be applied to all areas of discrimination under the WSHRC's jurisdiction, including housing, employment, and public accommodation. The ADA defines a disability as a physical or mental impairment that substantially limits a major life activity. An individual with a disability also includes someone who has a record of such a condition, or someone who is regarded as having such a condition. Major life activities include, but are not limited to, walking, speaking, breathing, hearing, thinking, learning, caring for one's self, sleeping, and eating. In recent years, the federal judiciary has restricted the coverage of the ADA by limiting the definition of disability, particularly in determining which activities constitute major life activities and by eliminating inclusion of short-term disabilities. The previous definition, in the WAC, defined a disability as a sensory, medical, or physical disability that is an abnormality, and is medically cognizable or diagnosable, or exists in record, or is perceived to exist. The definition of disability under the WLAD was regarded as much broader than the ADA definition, and covered many short-term conditions, as well as ameliorated or mitigated disabilities. The WLAD definition was in place for over three decades. It provided protection to thousands of Washington citizens, many of whom will now most likely not be protected under the new definition. The State Supreme Court ruling is troubling to many disability rights advocates in the state, and a Petition for Reconsideration of the decision was filed with the Court. The WSHRC wrote an amicus curiae (friend of the court) brief, requesting to brief the matter more thoroughly for the Court. The matter may have to be resolved within the State Legislature, through a bill that would create a new definition of disability in the state. Currently, stakeholder discussions are underway about what would constitute a satisfactory consensus definition of disability. OCR Fair Housing Home Page | Your comments about this Web site Updated: Oct. 20, 2006 King County | DES | OCR | News | Services | Comments | Search Links to external sites do not constitute
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