We’re thrilled to share that our firm recently secured a significant victory for our client, Ms. Bultena, in her case against the Washington State Department of Agriculture. After a two-week jury trial and a directed verdict, we successfully proved that the Department failed to accommodate her disability. While liability has been established, the case has been certified for review by the appeals court before we move forward with a follow-up jury trial to determine damages. Stay tuned as we continue to advocate for justice.
In the meantime, let’s talk about workplace accommodations in Washington State—what they mean, how they work, and why they’re so important for employees and employers alike.
Workplace Accommodations: The Basics
Under the Washington Law Against Discrimination (WLAD) (RCW 49.60), employees with disabilities are entitled to reasonable accommodations that enable them to perform the essential functions of their jobs. Employers are required to provide these accommodations unless doing so would cause undue hardship.
While we exclusively represent employees, it’s important to highlight that these accommodations don’t just benefit workers—they also strengthen businesses. Inclusive workplaces attract and retain top talent, foster loyalty, and drive innovation. In short, accommodating employees is a win-win for everyone.
It is also worth noting that similar federal laws exist under the Americans with Disabilities Act (ADA). While this blog focuses on Washington’s WLAD, the ADA has its own protections and guidelines for workplace accommodations.
The Interactive Process: Why Communication is Key
The interactive process is at the heart of workplace accommodations. This collaborative dialogue between the employee and employer is designed to explore potential accommodations and find solutions that work for both parties.
Here’s the bottom line: communication is not only encouraged—it’s required. Employers and employees must work together in good faith to identify reasonable accommodations. In some cases, medical documentation may be necessary to determine the type of accommodation required, but it is not always required. RCW 49.60.040 explains the circumstances under which medical documentation may be requested. The failure to engage in this process can itself be considered a violation of the WLAD.
Retaliation Is Prohibited
Employees who request accommodations are protected from retaliation under the WLAD. Retaliation includes any adverse actions taken by the employer, such as demotions, terminations, or other punitive measures, in response to an employee’s request for accommodations or participation in the interactive process. If you believe you’ve been retaliated against, it’s crucial to seek legal advice to protect your rights.
Statute of Limitations
Under the WLAD, employees generally have three years from the date of the discriminatory act to file a lawsuit. However, certain circumstances may affect this timeline, so it’s essential to consult an attorney as soon as possible to ensure you meet all deadlines and preserve your rights. Additionally, employees may also be able to file a claim with the Washington State Human Rights Commission or the Equal Employment Opportunity Commission (EEOC). These agencies often have shorter deadlines, typically 180 days, but these deadlines can vary depending on the specifics of your case. For more information, visit the Washington State Human Rights Commission or the EEOC.
Practical Tips for Employees
Know Your Rights: You have the right to reasonable accommodations under the WLAD. Employers cannot discriminate against you because of your disability. RCW 49.60.180 outlines these protections.
Be Clear and Specific: If you need accommodations, notify your employer promptly. Explain your needs and, if applicable, provide documentation from your healthcare provider.
Engage in the Process: Actively participate in discussions about your accommodations. Share ideas and be flexible in exploring options.
Document Everything: Keep detailed records of your requests and communications with your employer. Text messages and emails are a great way to keep these conversations documented, and it is very important that these be saved. This documentation can be invaluable if disputes arise.
Seek Legal Advice When Necessary: If your employer denies your request or refuses to engage in the interactive process, consult an employment attorney to understand your options.
Practical Tips for Employers
Though we exclusively represent employees, we recognize that employers also play a critical role in making accommodations work. Here are some tips for employers:
See Accommodations as Opportunities: Accommodating employees often leads to increased productivity, loyalty, and morale. These benefits can far outweigh the costs.
Engage in Good-Faith Discussions: The interactive process is a legal requirement, but it’s also good business practice. Open, respectful communication fosters trust and collaboration.
Provide Training: Equip supervisors and HR teams with the knowledge to recognize accommodation requests and respond appropriately.
Think Creatively: Reasonable accommodations might include schedule changes, assistive technology, or job restructuring. Many solutions are simple, cost-effective, and easy to implement.
Consult Legal Experts When in Doubt: If you’re unsure about your obligations or a specific accommodation, seek legal guidance to ensure compliance.
The Bigger Picture
Washington’s workplace accommodation laws create a framework for fairness, inclusion, and economic growth. By empowering employees with disabilities to thrive, we create workplaces that are stronger, more innovative, and better for everyone.
Every case is unique, and this summary is intended to provide general information only. To ensure you fully understand your rights and obligations, we encourage you to obtain legal advice tailored to your specific situation from an attorney as soon as possible. Acting promptly can help avoid missing critical deadlines.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. For legal advice tailored to your specific situation, consult an employment attorney.
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