Lawmakers debate disabilities controversy
Business and civil rights advocates squared off in Olympia on Friday over proposed legislation that would renew protections for persons with disabilities under the Washington Law Against Discrimination.
The hearing in the state Senate Judiciary Committee centers on a Washington Supreme Court decision last summer that redefined disability under state law to bring it in line with the narrower federal law.
Rights advocates said Friday that as a result of the decision in McClarty v. Totem Electric, many persons with disabilities are now vulnerable to discrimination in employment and housing.
Business representatives said the attempt to undo McClarty is overbroad and burdensome to employers and landlords.
The measure, proposed by Sen. Adam Kline, D-Seattle, chairman of the committee, accuses the court of “judicial activism” by curtailing disability rights when the lawmakers intended state law to be broader than protections under the federal Americans with Disabilities Act.
Among those no longer protected against discrimination, according to disability rights advocates, are people with psychiatric or emotional problems, diabetes, multiple sclerosis, epilepsy or temporary disabilities.
“Most see this as a big-tent issue,” said Marc Brenman, director of the Washington state Human Rights Commission. “This is a bill about access to justice for all people with disabilities.”
Business groups said opposition to the bill centers on its breadth.
“There is nothing wrong with an attempt to define disability in statute,” said Kris Tefft, general counsel for the Association of Washington Business. He said the bill discussed Friday was so broad “virtually any sort of medical condition, from a sprained ankle to male pattern baldness, could be a disability.”
Tefft said employers would have to divert time and money away from people who are truly disabled under Kline’s proposal.
Also speaking against the measure on Friday were representatives of the National Federation of Independent Businesses, the Rental Housing Association and the state Attorney General’s Office.
Speaking in favor were the Washington Protection and Advocacy System, the Governor’s Committee on Disability Issues and Employment, the Washington Employment Lawyers Association and various disability rights advocates.