Archives for June 2013

Termination for Requesting or Utilizing Reasonable Accommodation Violates Washington Law Against Discrimination

By Kate Acheson

As a case of first impression, a Washington State District Court recently found, in Hansen v. Boeing Co., that an employee is protected against retaliation for requesting or utilizing reasonable accommodation for a disability under the Washington State Law Against Discrimination (WSLAD). [Read more…]

Religious Exemption for Discrimination Claims May Not Apply when Discrimination was Not Religiously Motivated

By David Worley

In Ockletree v. Franciscan Health Systems, 27 AD Cases 442 (W.D. Wash. 2012), a Washington federal district court refused to dismiss the plaintiff’s ADA claims against a religious hospital when the discriminatory action was not religiously motivated.  Whether the religious exemption under the Washington Law against Discrimination (WLAD) applied to non-religious based discriminatory firings by religious institutions is currently an unanswered question in Washington.  Although there was no actual record that the claims had been timely filed, the SOL may have been longer if the WLAD did apply to this claim, so dismissal for untimely firing could not be decided at this point.  The court dismissed the plaintiff’s discharge in violation of public policy claim, holding that the statutory remedies were sufficient and therefore precluded a common-law claim. [Read more…]