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Washington: Employers Have Strict Liability for Employees’ Discriminatory Conduct Toward Non-Employees

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All Public Accommodation Employers with WA Employees

EFFECTIVE

January 31, 2019

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In Floeting v. Group Health Collective, the Washington Supreme Court stated that employers are strictly liable for discriminatory conduct employees engage in toward non-employees in places of public accommodation, even if the employer did not know about the behavior. Places of public accommodation are defined as all facilities used by the public, such as banks, hotels, restaurants, medical provider’s offices, education facilities, etc.

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Washington: Pregnant Employees Must be Accommodated Regardless of Disability

APPLIES TO

All Employers with WA Employees

EFFECTIVE

July 23, 2017

QUESTIONS?

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(888) 378-2456

Washington’s Health Starts Act (the “Act”) imposes new obligations on employers with pregnant employees.  In a departure from the federal Americans with Disabilities Act (“ADA”), the Act requires employers to provide reasonable accommodations to pregnant employees regardless of whether or not the employee is disabled by their pregnancy.  The Act provides a list of reasonable accommodations employers may need to provide, and includes other important restrictions on medical certification and the “undue hardship” exemption.