Disability Definition. On July 21, 2007, Washington's anti-discrimination disability statute will mean the following: "Disability" means the presence of a sensory, mental, or physical impairment that is medically cognizable or diagnosable, exists as a record or history, and is perceived to exist whether or not it does exist. Disabilities may be temporary or permanent, common or uncommon, mitigated or unmitigated, and may or may not limit the ability of an individual to do a particular job or activity. An "Impairment" is defined as including all variety of physical, physiological, and mental impairments, including cognitive limitation.

In a nutshell, this new Washington disability definition is consistent with Washington's previous definition and is much broader than the federal definition for disability.

Veteran Definition. The legislature has also broadened the definition of veteran under RCW 49.60, et seq. The phrase is now defined in a new subsection under RCW 49.60.040 which includes an active or reserve member of any branch of the Armed Forces of the United States, including the coast guard, national guard, and armed forces reserve. Therefore, as an employer, you cannot discriminate against employees in all types of military service.

Fair Credit Reporting Act Change. Finally, Washington's Fair Credit Reporting Act has been amended and now requires that an employer procure only a limited credit report wherein any information contained in the report only bears on the consumer's credit worthiness, credit standing, or credit capacity, unless the information is either "substantially job related" and the employer's reasons for using the information are disclosed to the consumer in writing, or the information is required by law. This law becomes effective on July 22, 2007.

NOTE: The foregoing is intended as an outline of issues that may arise in this subject area and is not meant to constitute or be a substitute for legal advice for specific situations.