What is the current state of the law on disability discrimination in the workplace?

California, United States of America


The following excerpt is from Prilliman v. United Air Lines, Inc., 53 Cal.App.4th 935, 62 Cal.Rptr.2d 142 (Cal. App. 1997):

3 A Washington statute, RCW 49.60.010, provides that discrimination on the basis of any sensory, mental, or physical handicap is prohibited. "Liberal construction of RCW 49.60.010 is mandated to accomplish the purpose of eliminating and preventing discrimination. [Citations.] It is an unfair practice for an employer '[t]o discriminate against any person in compensation or in other terms or conditions of employment because of ... the presence of any handicap.' RCW 49.60.180(3). [p] WAC 162-22 implements RCW 49.60.180.... Failure to reasonably accommodate an employee's handicap is an unfair or discriminatory act." (Curtis v. Security Bank (1993) 69 Wash.App. 12, 847 P.2d 507, 510.) "WAC 162-22-080(1) provides: 'It is an unfair practice for an employer to fail or refuse to make reasonable accommodations to the sensory, mental, or physical limitations of employees, unless the employer can demonstrate that such an accommodation would impose an undue hardship on the conduct of the employer's business.' " (Curtis v. Security Bank, supra, 847 P.2d at p. 510, fn. 3.)

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