Washington Disability Law Changes Again

Washington disability law changed dramatically in 2006, when the Washington Supreme Court adopted a new definition of "disability" in its landmark decision, McClarty v. Totem Electric, 157 Wn.2d 214 (2006). Specifically, the Washington Supreme Court adopted a definition of "disability" in line with the federal Americans with Disabilities Act definition, requiring a person seeking to establish a disability to prove that he or she has: (1) a physical or mental impairment that substantially limits one or more of his or her major life activities; (2) a record of such an impairment; or (3) is regarded as having such an impairment. McClarty, 157 Wn.ed at 220-29.

On May 4, 2007, however, Washington Governor Christine Gregoire signed into law a new bill that has the effect of overturning and redefining the McClarty decision as it relates to disabilities under the WLAD. In summary, the bill defines "disability" as including "the presence of a sensory, mental, or physical impairment that: (i)