Public Accommodations — Definition of Reasonable Accommodation

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Public Accommodations (Disability Discrimination) regulations, what is the definition of reasonable accommodation? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to adopt Public Accommodations (Disability Discrimination) regulations defining the term reasonable accommodationSee WAC 162-26-040WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

DEFINITION OF REASONABLE ACCOMMODATION

WAC 162-26-040 is the relevant regulation, and it defines the term reasonable accommodation as follows:

(2) General definitions special to this chapter. The following words or phrases are used in this chapter in the meaning given, unless the context clearly indicates another meaning.

Reasonable accommodation” means action, reasonably possible in the circumstances, to make the regular services of a place of public accommodation accessible to persons who otherwise could not use or fully enjoy the services because of the person’s sensory, mental, or physical disability. See WAC 162-26-080.

WAC 162-26-040 (emphasis added) (hyperlinks added).

LEARN MORE

If you would like to learn more, then consider contacting an experienced Washington State Employment Discrimination Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with Law Office of Gregory A. Williams, P.S., Inc.; Williams Law Group, PS; or the author of this article. Please see our DISCLAIMER.

–gw

Author: Gregory Williams, Esq.

Juris Doctor. Admitted to the U.S. Supreme Court; U.S. Court of Federal Claims; U.S. District Court Western District of WA; and all Washington State Courts. Member of the Federal Bar Association; Tacoma-Pierce County Bar Association; WA Association for Justice; WA Defender Association; WA State Bar Association. Conflict Panel Attorney (Pierce County Department of Assigned Counsel).