Washington Employment Accommodations Attorneys

Washington Law on Disability, Pregnancy, and Safety Accommodations

It is illegal for Washington employers to discriminate against employees on the basis of disability or pregnancy, or because the employee is a survivor of domestic or sexual violence.  Employees who have physical, cognitive, or other disabilities, employees who are pregnant, and employees who are victims of domestic or sexual violence, may also be entitled to job-related accommodations under federal and / or state law.

An accommodation is a change to the work environment or job conditions to facilitate the employee’s ability to do the job.  In some cases, time off work may be offered as an accommodation, but in many cases employees are entitled to time off for health reasons under different laws that provide employees with job-protected leave time from work.  Schuck Law assists employees with enforcing their rights under both these types of laws.

An accommodation is “reasonable” if it is feasible for the employer to make the change when considering the cost and the size and resources of the employer, and the change would effectively address the employee’s job-related limitations.  Employers aren’t necessarily required to provide the specific change requested by the employee, but must provide a reasonable accommodation that is effective.

It is illegal for employers to discriminate in hiring, firing, pay, or promotions on the basis of an employee’s disability or pregnancy unless there is objective evidence of a significant, imminent safety or health hazard that can’t be addressed with an accommodation and disqualifies the employee from the job.

Washington Pregnancy & Disability Accommodation Lawyers – Protecting Your Rights

Employees in Washington who have been fired, denied a promotion or pay raise, denied an accommodation, or otherwise suffered retaliatory changes to their employment due to disability or pregnancy may be entitled to legal remedies including reinstatement and back wages, lost income due to a demotion or termination, damages for emotional distress, and court orders requiring the employer to provide reasonable accommodations or take other actions to remedy the discrimination.

Under these laws, employers are often also required to pay the legal fees and costs of a successful employee.  The experienced employment attorneys at Schuck Law work on a contingency basis to recover money damages and pursue legal remedies for employees at no out-of-pocket cost to our clients.

If you believe your employer has denied you a reasonable accommodation for disability or pregnancy, or has discriminated against you because of disability or pregnancy, the Washington employment lawyers at Schuck Law may be able to help.

Call 360-566-9243 to find out if Schuck Law can help you and to set up a free initial phone consultation with our pregnancy discrimination lawyers.

Workplace Accommodations: Frequently Asked Questions

What is a job accommodation?

An accommodation is a change to the workplace or work procedures in order to enable a disabled, pregnant / nursing, or at-risk employee to perform their job and access the regular benefits of the job and workplace.

Who is entitled to reasonable accommodations?

Disabled employees who are “qualified” to perform a job are entitled to reasonable disability accommodations under the  Washington Law Against Discrimination (WLAD).  In other words, if a reasonable accommodation would enable the worker to effectively perform the job, the employee is qualified for the job and the employer must provide reasonable accommodations.

Employees who are pregnant or have pregnancy-related health issues or limitations are entitled to reasonable accommodations under the  Washington Healthy Starts Act and Washington Workplace Pregnancy Accommodations Law.   Employees who are nursing / lactating also have rights to lactation breaks under those laws.  Discrimination based on pregnancy is also illegal under the Washington Law Against Discrimination (WLAD).  Employees who are pregnant or have newly-born or newly-adopted children may also be entitled to take either paid or unpaid job-protected leave from work.

Washington law also provides for reasonable personal safety leave and workplace accommodations for who have suffered domestic or sexual violence or “hate crimes” as defined under Washington law and certain legal regulations.

What are some examples of reasonable accommodations?

An effective accommodation will depend on the individual’s limitations, but can generally include things like modifying work schedules; providing modified equipment or assistive technology (like an adjustable desk, screen reader,  or noise-canceling headphones); restructuring non-essential job duties; or making physical changes to the work space.

Under Washington law, reasonable safety accommodations for survivors of violence may also include things like a job transfer or reassignment; a modified schedule; a changed work phone number or email; or other adjustments to a workplace or work requirement.

How do I request an accommodation?

An employee puts an employer on notice of a need for an accommodation by notifying the employer of a need for a change in work conditions due to disability or pregnancy.  Employees don’t need to use any special words, and don’t have to suggest a specific change, but do need to give enough information to let the employer know that the request for a change is due to disability or pregnancy.  While there is no set timeline for implementing an accommodation, unreasonable delays by an employer may violate state and federal accommodations laws.

Can my employer ask for documents or medical information about my accommodation?

Usually, employers are allowed to ask only for enough information and medical documentation to determine whether the employee’s condition qualifies as a “disability” or a “pregnancy-related” medical condition under applicable laws and what the employee’s job limitations are.  However, Washington state law requires employers to provide certain pregnancy-related accommodations without any further medical documentation or information.

Does an employer have to provide every accommodation an employee requests?

No, in most cases, an employer does not have to provide every accommodation requested.  However, employers must engage in an interactive process of discussion with the employee to explore potential accommodations and to try to identify and implement accommodations that would be effective for the employee and do not cause undue hardship to the employer.  Most accommodations laws expect that employers and employees should work together to determine what kinds of accommodations are necessary and reasonable.

Some pregnancy-related accommodations are mandatory in Washington, meaning the employer can’t refuse or claim an undue hardship, and can’t require a doctor’s note or other medical information when a pregnant employee asks for a mandatory accommodation.  Washington employers must accommodate pregnancy-related restroom breaks; modifications to no-food or no-drink policies; allowing the employee to sit down more frequently; and restrictions on lifting over 17 pounds.

What is an undue hardship?

An undue hardship is a significant difficulty or expense that an employer would incur in providing a reasonable accommodation. Whether a specific accommodation is an undue hardship is determined on a case-by-case basis and can include things like the employer’s size and resources.

Do I have to pay for or provide my own accommodations?

No.  Employers must pay the cost of providing reasonable job accommodations.  Employers cannot reduce an employee’s pay or deny the employee a raise or other benefits that the employee would otherwise receive to offset the costs of providing a reasonable accommodation.  However, employers are not required to eliminate or change essential job tasks, to make changes that are unusually expensive or disruptive, or to provide personal items like eyeglasses or hearing aids if the employee also uses those items outside of the job.

Washington’s Law Against Discrimination (WLAD)

The Washington Law Against Discrimination (WLAD) makes it illegal to discriminate against employees on the basis of race, color, religion or creed, national origin, citizenship or immigration status, sex, sexual orientation, marital or parenting status, age, veteran or military status, or disability.  It is also illegal for an employer to retaliate against an employee for asking about employee rights under the WLAD, or for objecting to employer policies or actions that are illegal under the WLAD.  The WLAD applies to most employers with 8 or more employees, with very limited exceptions.

Under the WLAD, an employee is entitled to reasonable workplace accommodations for a disability if the employee has an impairment that substantially limits the employee’s ability to do the job, to apply or be considered for a job, or to access to other equal benefits or conditions of employment; or if the employee notifies the employer of an impairment which, if not accommodated, would worsen or be aggravated with a substantially limiting effect.  A disability can be temporary or long-term / permanent.  Washington law also protects employees from discrimination in employment and in their hiring, pay, promotions, or termination on the basis that the employee has a disability, has a history of a disability, or is believed by the employer to be disabled (whether correctly or not).

Discrimination based on pregnancy is a form of discrimination based on sex and / or parenting status and is also illegal under the WLAD.  Although an uncomplicated pregnancy, by itself, isn’t a “disability” under the WLAD, Washington employees also have rights to pregnancy-related accommodations under the Washington Law on Workplace Pregnancy Accommodations and Washington Healthy Starts Act.  Employees who experience disabling conditions brought on by or resulting from pregnancy may have rights under both disability and pregnancy-related laws.  Schuck Law assists employees with enforcing their rights and pursuing remedies under both these types of laws.

Employees who have been denied a job accommodation, wrongfully fired or denied a promotion, or who suffered retaliation for asking about or requesting disability or pregnancy-related accommodations may have legal claims against the employer for money damages, legal costs and fees, court orders requiring the employer to remedy the unlawful circumstances, and other remedies.

Back to top

Washington Law on Workplace Pregnancy Accommodations / Washington Healthy Starts Act

The Washington Healthy Starts Act, amended by the Washington Law on Workplace Pregnancy Accommodations, requires employers to provide accommodations for pregnancy and pregnancy-related conditions, and to provide work breaks and a private and appropriate space for breast milk expression.  This law applies to employers with 15 or more employees.

Some pregnancy-related accommodations are mandatory in Washington, meaning the employer can’t refuse and can’t require a doctor’s note or other medical information when an employee asks for a mandatory pregnancy accommodation.  Washington employers must accommodate more frequent, longer, or more flexible restroom breaks as needed by an employee due to pregnancy or pregnancy-related conditions; modifications to no-food or no-drink policies in the workplace or at the work station; seating that allows the employee to sit down more frequently while at work; and restrictions on lifting over 17 pounds.  In most cases, employers must also provide reasonable break time for an employee to express breast milk for two years after the birth of the employee’s child along with a private location other than a bathroom if such a space exists or can be modified to exist at the worksite, and employers can’t require an employee to submit a doctor’s note or other medical information when requesting an accommodation to express breast milk.  Washington law also requires employers to provide additional reasonable accommodations to employees for reasons related to pregnancy in addition to these mandatory accommodations and accommodations for breast milk expression.

Under Washington law, employers can’t discriminate or retaliate against employees due to the need to provide an accommodation or because the employee requests an accommodation.  Employers also can’t impose a job condition on a pregnant employee as an “accommodation” if the accommodation is unnecessary for the employee, and can’t force employees to take a leave of absence because of the employee’s pregnancy or pregnancy-related conditions unless the employee requests or consents to the leave.  Pregnant employees who do want to take time off are often entitled to time off under other laws that provide employees with job-protected leave time from work, so employers also can’t deny pregnant workers a right to time off that they are entitled to use.  Schuck Law assists employees with enforcing their rights under both these types of laws.

Employees who have been denied a job accommodation, wrongfully fired or demoted or denied a promotion, forced to take an unwanted leave of absence, or suffered retaliation for asking about or requesting Washington pregnancy accommodations may have legal claims against their employers for money damages, legal costs and fees, court orders requiring the employer to remedy the unlawful circumstances, and other remedies.  Speak with an experienced Washington pregnancy discrimination attorney at Schuck Law for clear, confident legal guidance.

Back to top

Washington Domestic and Sexual Violence Accommodations Laws

Washington law provides for reasonable personal safety leave and workplace accommodations for employees who have suffered domestic or sexual violence.  Beginning in 2026, these protections will extend to apply to victims of hate crimes as defined by Washington law as well.

Under Washington law, reasonable safety accommodations may include, but are not limited to, a job transfer, reassignment, modified schedule, changed work telephone number or email, changed work station, installed lock, implemented safety procedures, or other adjustments to a job structure, workplace facility, or work requirement.  Employers must provide reasonable safety accommodations.  Generally, an accommodation is “reasonable” if it is feasible for the employer to make the change when considering the cost and the size and resources of the employer, and the change would effectively address the employee’s safety.

Employers can request documentation of the need for a safety accommodation such as a police report, court document, or documentation from a medical or legal services provider.  However, in Washington, employers may only require enough information to establish that the request is for a safety accommodation due to domestic or sexual violence, hate crimes, or criminal stalking.  Employees are not required to give an employer any information that would compromise the employee’s safety.

Washington law also requires employers to provide reasonable “Safe Leave” to employees who have been victims of domestic or sexual violence or hate crimes.  Schuck Law assists employees with enforcing their rights under both these types of laws.

It is illegal in Washington to discriminate or retaliate against an employee because the employee is a victim of domestic or sexual violence, bias crimes, or criminal harassment / stalking, or because the employee requested a safety accommodation due to domestic or sexual violence, hate crimes, or stalking as defined by Washington law.

Employees who have been denied a job accommodation, wrongfully fired or demoted or denied a promotion, or suffered retaliation for asking about or requesting Washington safety accommodations may have legal claims against their employers for money damages, legal costs and fees, court orders requiring the employer to remedy the unlawful circumstances, and other remedies.

Back to top

Schuck Law: Protecting Your Rights To Job Accommodations

If you believe your employer has denied you a reasonable accommodation for disability or pregnancy, or has discriminated against you because of disability or pregnancy, the employment attorneys at Schuck Law may be able to help you with your legal claims.  Washington employees who have been fired, denied a promotion or pay raise, denied an accommodation, or otherwise suffered retaliatory changes to their employment due to disability or pregnancy may be entitled to legal remedies including reinstatement and back wages, lost income due to a demotion or termination, damages for emotional distress, and court orders requiring the employer to provide reasonable accommodations or take other actions to remedy the discrimination.  Under these laws, employers are often also required to pay the legal fees and costs of a successful employee.  The Washington employment lawyers at Schuck Law work on a contingency basis to recover money damages and pursue legal remedies for employees at no out-of-pocket cost to our clients.

Call 360-566-9243 to find out if Schuck Law can help you and to set up a free initial phone consultation with one of our Washington pregnancy and disability discrimination lawyers.

Call Now Contact Us