As we previously reported here, the U.S. Court of Appeals for the Ninth Circuit and the Washington Supreme Court have been wrestling with whether obesity qualifies as a disability under the Washington Law Against Discrimination (“WLAD”).
The dispute involves an applicant for a position with a railway company who sued in 2010, alleging that the company unlawfully refused to hire him in violation of the WLAD because of his obesity. Six years later, a federal district court granted summary judgment in favor of the railway company, holding that because the applicant could not prove that his obesity was caused by a physiological condition or disorder or that the employer perceived his obesity as stemming from such a source, his obesity discrimination claim under state law could not proceed. The applicant appealed, and the Ninth Circuit Court of Appeals concluded that whether obesity unrelated to any physiological condition or disease is a disability was an unresolved issue under state law, and that rather than decide the issue, it certified the question to the Washington Supreme Court to decide. After considering the plain language of the WLAD, along with publications from the medical community, the Washington Supreme Court held last year that “obesity always qualifies as an impairment” under the plain language of the WLAD, and therefore, it is unlawful for employers in Washington to discriminate against otherwise qualified applicants because the employer perceives them to be obese. Continue Reading
You can’t escape the panic spreading through mass and social media regarding the 2020 Wuhan Novel Coronavirus, a virus that has resulted in fatalities in China and infected thousands worldwide. Symptoms mimic that of influenza (fever, cough), but can include difficulty breathing, pneumonia, kidney failure, and death in severe cases. Despite the panic, there are only a handful of confirmed cases in the U.S., but this has done little to quell paranoia. With fear of the bug’s spread, many employers are bracing themselves the possibility of employee absences, either due to illness or fear of contagion in congested workplaces. Employers and human resources professionals can immunize themselves against some risk by implementing steps in advance. 
Memos provide guidance on a variety of topics, including employer confidentiality policies and arbitration agreements
