Winter 2007 SBH Quarterly Newsletter
PDF FormatGuide to New Legislation: Washington Employers
New definition of disability
The legislature has revised the definition of disability in the Washington Law against Discrimination (WLAD) this year. The revision brings the definition more closely in line with the federal ADA. A disability equals a diagnosis or, history of or perception of sensory, mental or physical impairment. One substantial difference exists between the federal and state definitions: In Washington, mitigating measures are not considered in defining disability.
Limits on using credit checks
SB 5827 has imposed two new requirements for using credit checks as part of hiring or otherwise evaluating employees. First, the employer must show the credit check is required by law or substantially related to the job. Second, the employer must give the employee advance notice that a credit check will be conducted and used for employment purposes. If a credit check will be used for an adverse action, the employee must let the employee know, provide contact information of the reporting agency, and give the employee a reasonable chance to dispute the report. An employer cannot blindly rely on outside agencies or vendors to comply with this law. This law was effective July 2007.
Paid family leave on the horizon
As of October 2009, Washington employees will be entitled to five weeks of paid leave for the birth of a child. The implementation details are still being worked out. SB 5659.
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