WAC 162-22-040     General approach to enforcement.

     (1) For the purpose of determining whether an unfair practice under RCW 49.60.180, 49.60.190, or 49.60.200 has occurred:

          (a) A condition is a "sensory, mental, or physical disability" if it is an abnormality and is a reason why the person having the condition did not get or keep the job in question, or was denied equal pay for equal work, or was discriminated against in other terms and conditions of employment, or was denied equal treatment in other areas covered by the statutes. In other words, for enforcement purposes a person will be considered to be disabled by a sensory, mental, or physical condition if he or she is discriminated against because of the condition and the condition is abnormal.

          (b) "The presence of a sensory, mental, or physical disability" includes, but is not limited to, circumstances where a sensory, mental, or physical condition:

               (i) Is medically cognizable or diagnosable;

               (ii) Exists as a record or history; or

               (iii) Is perceived to exist, whether or not it exists in fact.

     (2) An example of subsection (1)(b)(ii) is a medical record showing that the worker had a heart attack five years ago. An example of subsection (1)(b)(iii) is rejection of a person for employment because he had a florid face and the employer thought that he had high blood pressure, but in fact he did not have high blood pressure.

[Statutory Authority: RCW 49.60.120(3) and 1997 c 271. 98-08-035, 162-22-040, filed 3/23/98, effective 4/23/98; Order 23, 162-22-040, filed 7/21/75.]