by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Public Accommodations (Disability Discrimination) regulations, what are the rules concerning requirements of other law? 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 regarding requirements of other law. See WAC 162-26-120, WA 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).
PUBLIC ACCOMMODATIONS, DISABILITY DISCRIMINATION – REQUIREMENTS OF OTHER LAW
WAC 162-26-120 is the relevant regulation, and it addresses requirements of other law as follows:
(1) Guidance. Failure to meet requirements of related law protecting persons with disabilities in places of public accommodation may be evidence of an unfair practice under RCW 49.60.215. The commission may refer to standards established in related law for guidance in determining whether an unfair practice under RCW 49.60.215 has occurred.
(2) References to selected laws. Related law may include, but is not limited to:
(a) Chapter 28A.13 RCW (education for handicapped children);
(b) Sections 503 and 504 of the United States Rehabilitation Act of 1973, 29 U.S.C. §§793 and 794;
(c) Chapter 70.84 RCW, the “white cane law”;
(d) Chapter 2.42 RCW (Interpreters in legal proceedings);
(e) The Washington State Building Code;
(f) The Americans with Disabilities Act of 1990;
(g) The Individuals with Disabilities Education Act;
(h) The Air Carriers Access Act;
(i) The Federal Fair Housing Act.
WAC 162-26-120 (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
