Washington AIDS and Disease: What you need to know

The Washington Law Against Discrimination (WLAD) prohibits discrimination in employment on the basis of disability. The WLAD applies to public and private employers with eight or more employees, including employment agencies and labor organizations (WA Rev. Stat. Sec. 49.60.010 et seq.).
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"Disability" is defined as any actual or perceived sensory, physical, or mental impairment that can be medically diagnosed or that exists as a record or history. The WLAD's definition of disability is much broader than that of the federal Americans with Disabilities Act (ADA). Under the WLAD, a disability may be temporary or permanent, common or uncommon, and mitigated or unmitigated. Detailed information is available.
Like the ADA, the WLAD prohibits employers from basing a decision regarding recruitment, hiring, discharge, promotion, advancement, or the other terms and conditions of employment on the knowledge or perception that a person who is otherwise qualified to perform the job has a disability. The WLAD also prohibits the use of advertisements that restrict applicants with disabilities from the job opening in question and requires that employers offer reasonable accommodations to allow otherwise qualified individuals to perform the essential functions of their jobs. Retaliation against employees who file discrimination complaints is prohibited.
The WLAD specifically states that actual or perceived HIV or hepatitis C infection is a protected disability (WA Rev. Stat. Sec. 49.60.174). The WLAD prohibits employers from:
• Requiring a test for acquired immunodeficiency syndrome (AIDS) or hepatitis C as a condition of hiring, promotion, or continued ...

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Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
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