AWC Legislative Bulletin - Volume 30, No. 2
January 12, 2007 (Plain Text Version)

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In this issue:
From the Director: Governor Gregoire's State of the State
What You Need to Know Now
2007 City Legislative Action Conference (CLAC)
Energy & Telecommunications
Environment & Water
General Local Government
Infrastructure, Transportation, & Economic Development
Land Use & Housing
Law & Justice
Municipal Finance
Personnel & Labor Relations
Online Legislative Advocacy Tools
AWC Legislative Contacts & Board of Directors

Personnel & Labor Relations

Changing the Definition of Disability

On Friday, January 12, the Senate Judiciary Committee took testimony on a draft bill that drastically changes the definition of disability in the Washington Law Against Discrimination (49.60 RCW).

Although the bill has not yet been formally introduced, the sweeping scope of the proposed new definition is causing great concern for employers.

Under both the federal Americans with Disabilities Act (ADA) and the Washington Law Against Discrimination, employers have an affirmative obligation to provide reasonable accommodation to disabled employees, unless doing so would constitute an undue hardship.

The draft language expands the definition of disability to encompass any impairment, temporary or permanent, that is medically cognizable or diagnosable, regardless of whether the impairment has any impact on the individual’s work or life. It goes far beyond what is required by the ADA, which provides that to constitute a disability, an impairment must substantially limit one or more major life activity. The bill would also make the change in definition retroactive to all pending cases.

Look for updates on this legislation in future Legislative Bulletins. Once the bill has been introduced and we see if the language is different than the draft language we have already reviewed, we will be asking for additional comments and feedback.

Six-Year Collective Bargaining Agreements

State law currently limits the terms of local government collective bargaining agreements to a maximum of three years. AWC supported legislation last session that would have allowed local governments and their unions to agree to contract terms of up to six years. The legislation was approved by the Legislature but vetoed because it impacted some state bargaining groups. This bill will only address local bargaining agreements. The bill has been drafted and we have worked with the Washington State Council of City and County Employees to secure sponsors. We hope to have a bill number by Monday, January 15.

Pension Briefings

The House Appropriations Committee will have a briefing by staff on pension issues on Wednesday, January 17, at 3:30 pm. The Senate Ways and Means Committee was briefed on pension issues on January 11.

Family & Medical Leave Insurance