Legal Question in Disability Law in Washington

Is this employee disabled

Is an employee who states he suffers from cronic pain and takes prescription drugs to combat such pain considered disabled under Washington law. This employee wants accommodations relating to having to take prescription drugs at certain times during the day. If a doctor says he suffers from chronic pain, will it then be considered a disability? Trying to figure out if have to give employee accommodation.


Asked on 6/04/07, 5:42 pm

1 Answer from Attorneys
Merry Kogut Key Peninsula Law

Re: Is this employee disabled

First, you have the right to request medical verification of any claimed disabilty when you receive a request for accommodation.

Second, accommodations must be reasonable. If your employee needs five minutes serveral times a day to take prescription drugs, in most cases it would be reasonable to grant that request.

Here is an easy way to look at what is "reasonable." If there's a Ma and Pa grocery store just barely making ends meet, it wouldn't be reasonable to ask them to spend $1,000.00 to put in a ramp. If, however, the employer is Boeing, a $1,000 cost WOULD be reasonable in light of their annual income, expenditures, and assets.

I specialize in discrimination. Feel free to contact me at my office or at [email protected]

Sincerely,

Merry A. Kogut

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Answered on 6/04/07, 5:48 pm


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