DISABILITY DISCRIMINATION AND THE INTERACTIVE PROCESS
Under state and federal law, it is unlawful for an employer to discriminate against a disabled person who is otherwise qualified for employment. Discrimination includes failing to take steps to accommodate a disabled person. While the federal Americans with Disabilities Act applies to employers with fifteen or more employees, Washington’s Law Against Discrimination applies to all Washington employers with eight or more employees. Washington employers with fewer than eight employees may be exempt from this law, but may be sued anyway for allegedly discriminatory terminations under the common law tort of wrongful discharge and violation of public policy.
Once the employer becomes aware of an employee’s disability, the employee and the employer have an obligation to participate in what is known as the “interactive process.” The interactive process includes review of the employee’s impairment or limitations, an assessment of whether the employee can perform the essential job functions with or without a reasonable accommodation, a consideration of a variety of different accommodations, and an assessment of whether those accommodations are reasonable. Employers are well advised to document the efforts they make to accommodate an employee’s disability.
Once the employer becomes aware of an employee’s disability, the employee and the employer have an obligation to participate in what is known as the “interactive process.” The interactive process includes review of the employee’s impairment or limitations, an assessment of whether the employee can perform the essential job functions with or without a reasonable accommodation, a consideration of a variety of different accommodations, and an assessment of whether those accommodations are reasonable. Employers are well advised to document the efforts they make to accommodate an employee’s disability.