Washington

Bragdon v. Abbott in Washington Law

How Bragdon v. Abbott applies in Washington: state-specific rules, key cases, and bar exam notes for Disability Law.

State Approach

In Washington, disability law is guided by principles that reflect both the federal Americans with Disabilities Act (ADA) and state statutes. The Washington Law Against Discrimination (WLAD) emphasizes the protection of individuals with disabilities in a manner similar to the federal standard, particularly concerning the definition of disability and discrimination.

State Rule
In Washington, under the WLAD, an individual is disabled if they have a physical or mental impairment that substantially limits one or more major life activities, consistent with the expansive interpretation found in Bragdon v. Abbott.
Significant State Cases

State v. Sheehan

The Washington Supreme Court held that a mental illness qualifies as a disability under the WLAD, emphasizing the need for a broad interpretation of what constitutes a disability.

McClarty v. Totem Ocean Trailer Express, Inc.

The court found for the plaintiff, ruling that perceived disabilities are also protected under Washington law, aligning with the Bragdon v. Abbott precedent.

Kassens v. Washington State Dept. of Transportation

This case affirmed that reasonable accommodations should be made for workers with disabilities, reiterating the importance of substantial limitations in major life activities.

Comparison to Federal Law

Washington's approach mirrors the federal ADA framework but emphasizes a broader interpretation of what constitutes a disability. The state law often considers additional factors and protections, reflecting a more inclusive stance towards disabilities.

Bar Exam Note

Understanding the principles from Bragdon v. Abbott is critical for the Washington bar exam, particularly as they relate to the definition of disability and reasonable accommodations in employment law.

Practice Pointers
  • Familiarize yourself with the specific language of the WLAD regarding disability.
  • Assess whether a limitation is 'substantial' in the context of major life activities for proper application of state law.
  • Consider precedent cases in Washington that demonstrate the broader interpretation of disability.

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