by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Employment–Handicapped Persons Regulations, what is the definition of able worker with a disability? 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 rules concerning the definition of able worker with a disability. See WAC 162-22-020, 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).
DEFINITION OF ABLE WORKER WITH A DISABILITY
WAC 162-22-020 is the relevant regulation, and it defines able worker with a disability as follows:
In this chapter the following words are used in the meaning given, unless the context clearly indicates another meaning:
…
(3) An “able worker with a disability” is a person whose disability does not prevent the proper performance, with or without reasonable accommodation, of the particular job in question.
WAC 162-22-020 (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