WAC 162-22-050     Unfair practice.

     (1) RCW 49.60.180 says: "It is unfair practice for any employer:"

     (1) To refuse to hire a person because of . . . the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person,. . .: Provided, That the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved."

     (2) An unfair practice has been committed when both of the following have occurred:

          (a) An employer, employment agency, or labor union has refused to hire or has otherwise discriminated against a person because the person has a disability or because of the use of a trained dog guide or service animal by a person with a disability, and

          (b) The disability or the use of a trained dog guide or service animal by a person with a disability does not prevent the person from properly performing the particular job.

     (3) While the proviso on ability to do the job appears only in paragraph (1) of RCW 49.60.180, it logically applies to all circumstances where ability to do the job is material. The rule of the proviso will therefore be applied when appropriate in cases arising under other paragraphs of RCW 49.60.180, and also in cases under RCW 49.60.190 (labor unions), and RCW 49.60.200 (employment agencies).

[Statutory Authority: RCW 49.60.120(3) and 1997 c 271. 98-08-035, 162-22-050, filed 3/23/98, effective 4/23/98; Order 23, 162-22-050, filed 7/21/75.]