Washington reasonable‑accommodation requirements

Coverage & definitions

The Washington Law Against Discrimination (RCW 49.60) applies to employers with eight or more employees, below the federal ADA’s 15. “Disability” is defined more broadly than under federal law: any sensory, mental or physical impairment that is medically cognizable or diagnosable, exists as a record, or is perceived, whether or not it limits a major life activity. The Washington Supreme Court has held that obesity is an impairment under the statute.

Separately, the Healthy Starts Act (RCW 43.10.005) requires employers with 15 or more employees to accommodate pregnancy and pregnancy-related health conditions, and since January 1, 2024 (SB 5123) employers may not refuse to hire based on cannabis use outside work or a pre-employment test detecting only non-psychoactive cannabis metabolites.

Reasonable‑accommodation duties

Employers must provide reasonable accommodations to qualified employees and applicants with disabilities unless doing so would impose an undue hardship. Examples include modified schedules, accessible facilities, assistive technology, job restructuring, and leave.

For pregnancy, the statute lists accommodations including:

• More frequent, longer or flexible restroom breaks.
• Modifying a no-food-or-drink policy.
• Job restructuring, part-time or modified schedules.
• Reassignment to a vacant position.
• Equipment or seating.
• A temporary transfer to a less strenuous or hazardous position.
• Scheduling flexibility for prenatal visits.
• Limits on lifting over 17 pounds.

An employer may not deny employment opportunities because of the need for an accommodation, may not require an employee to take leave if another reasonable accommodation can be provided, and may not require an employee to accept an unnecessary accommodation.

Notice, documentation & the interactive process

Washington sets clear limits on documentation. For pregnancy, an employer may request written certification from a health care professional except for four accommodations, which must be provided without it: more frequent, longer or flexible restroom breaks; modifying a no-food-or-drink policy; job restructuring or a modified schedule; and limits on lifting over 17 pounds. Undue hardship may not be claimed for the first three of those or for seating.

For disability accommodation under the WLAD, employers may request documentation limited to confirming the impairment and the need, and must keep it confidential.

The WLAD requires a good-faith interactive process, and failing to engage is itself actionable. There is no fixed statutory deadline. Washington’s Paid Family and Medical Leave program runs alongside accommodation duties. Note that Washington’s COVID-era Health Emergency Labor Standards Act duties lapsed when the emergency ended, and no longer apply.

Enforcement & penalties

Complaints are filed with the Washington State Human Rights Commission within six months, or a civil action may be brought directly within three years. There is no cap on compensatory damages under the WLAD, and prevailing employees recover attorney fees. Pregnancy accommodation claims under RCW 43.10.005 are enforced by the Attorney General and through a private civil action.

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Practical tips for employers

• Track two thresholds: eight for the WLAD, 15 for the pregnancy statute.
• Build the four no-certification pregnancy accommodations into intake so no one asks for a note for a bathroom break.
• Treat the broad disability definition seriously — an impairment need not limit a major life activity.
• Remove non-psychoactive cannabis metabolites from pre-employment screening panels unless an exemption applies.
• Remove any lingering COVID-era HELSA language from policies.
• Retain accommodation files for at least three years, matching the civil filing window.

This guide is provided for general informational purposes only and does not constitute legal advice. Employment laws change frequently and vary by jurisdiction. Consult qualified employment counsel before acting on any information here. Last reviewed: September 2026.