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Disability Discrimination

The Barton Law Firm sues employers who discriminate against employees because of the employees' disability, employers who retaliate against employees for opposing disability discrimination, and employers who fail to provide disabled employees reasonable accommodations.

Here are legal citations and information you might find helpful:

There are two ways to discriminate: by disparate treatment and by disparate impact. Disparate treatment occurs when an employer treats an employee who belongs to a protected class less favorably than other employees. Disparate impact occurs when an employer has a neutral employment practice that falls more harshly on members of a protected class.

 

Disabilities can be sensory, mental, or physical impairments, or require the use of a trained guide or service animal by a person with a disability.

 

Some disability laws cover permanent and temporary impairments and impairments that can be mitigated as well as learning disabilities that have a substantially limiting effect upon a person’s ability to perform his or her job.

 

Some disability laws cover physical or mental impairment that substantially limits one or more major life activity, a record of such an impairment, or being regarded as having such an impairment.

 

Federal:

42 U.S.C.A. 12112 (Discrimination - disability);

Ninth Circuit Manual of Model Jury Instructions, Civil 12.1A (ADA - actual disability);

Instruction 12.1B (ADA - record of disability);

Instruction 12.1C (ADA - regarded as disability).

 

Washington State:

RCW 49.44.085 (Employees may pursue causes of action under RCW 49.60);

RCW 49.60.030(1)(a) (Freedom from Discrimination);

RCW 49.60.180 (Unfair Practices of Employers);

WPI 330.31 (Disability - definition);

WPI 330.31.01 (Impairment - definition);

WPI 330.32 (Disability discrimination - treatment);

WPI 330.33 (Reasonable accommodation);

WPI 330.34 (Reasonable accommodation - definition);

WPI 330.36 (Undue hardship).

King County:

 

KCC 12.18.030 (Unfair employment practices; unincorporated King County only).

Pierce County:

 

PCC 3.16.010 (Equal Employment Opportunity; county employees only).

 

Snohomish County:

 

SCC 2.460.070 (Unlawful Discrimination by Employers).

 

Seattle:

 

SMC 3.110.260 (Discrimination; public corporation employees only).