Washington Supreme Court Adopts ADA Definition of "Disability"

August 2006
Employment Law Notes
Since the federal Americans With Disabilities Act (ADA) was adopted in 1993, we have consistently counseled our clients that the Act is largely irrelevant in Washington because our Washington Law Against Discrimination (WLAD) defined “disability” so much more broadly than the ADA. Now, in a recent decision that is a welcome relief to employers, the Washington Supreme Court adopted the definition of “disability” contained in the federal ADA, thereby providing for the first time a consistent approach to disability discrimination under both statutes. McClarty v. Totem Electric, 2006 Wash. LEXIS 504 (2006).