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Snyder v. Medical Service Corporation of Eastern Washington12/2/1999
ge express or constructive. Sneed, 80 Wn. App. at 850.
Handicap Discrimination. Ms. Snyder next contends that MSC failed to accommodate her handicap. Washington prohibits discrimination on the basis of sensory, mental, or physical handicap. RCW 49.60.010, .180. The law against discrimination (RCW 49.60) is liberally construed. RCW 49.60.020; Phillips v. City of Seattle, 111 Wn.2d 903, 908, 766 P.2d 1099 (1989).
To establish a claim, Ms. Snyder must prove that (1) she is handicapped, (2) she was qualified to fill vacant positions, and (3) MSC failed to reasonably accommodate her disability by taking affirmative measures to make known such job opportunities to her and to determine whether she was in fact qualified for those positions. Dean v. Municipality of Metro. Seattle, 104 Wn.2d 627, 639, 708 P.2d 393 (1985). The parties focus on the reasonable accommodation element.
An employer must reasonably accommodate the sensory, mental, or physical limitations of a disabled employee unless the employer can demonstrate an undue hardship would result to the employer's business. Doe v. Boeing Co., 121 Wn.2d 8, 18, 846 P.2d 531 (1993); WAC 162-22-080. The duty to accommodate is limited to those steps reasonably necessary to enable the employee to perform his or her job. Doe, 121 Wn.2d at 18. This involves "removing sensory, mental or physical impediments to the employee's ability to perform his or her job." Id. at 21. The employer need not necessarily grant the employee's request. It need only reasonably accommodate the disability. Id. at 20. Failure to reasonably accommodate is discrimination. Id. at 16.
The employee must give the employer notice of her disability to trigger the employer's duty of reasonable accommodation. Goodman v. Boeing Co., 127 Wn.2d 401, 408, 899 P.2d 1265 (1995). The employee need not explain the full nature and extent of her limitations; she need only give notice of a disability requiring accommodation. Id. Here, MSC's duty to accommodate did not arise until Ms. Snyder's meeting with Dr. Charney on March 11, 1997.
Whether reasonable accommodation was made or whether the employee's requests placed an undue burden on the employer are generally questions of fact for the jury. Phillips, 111 Wn.2d at 910-11. Here, Ms. Snyder wants a different supervisor.
Washington has not addressed whether an employee's request for a new supervisor or a position with a new supervisor, and the employer's refusal to accommodate such request, violates the law against discrimination. We therefore consider relevant federal law. Clarke v. Shoreline Sch. Dist. No. 412, 106 Wn.2d 102, 118, 720 P.2d 793 (1986); Xieng v. Peoples Nat'l Bank, 63 Wn. App. 572, 578, 821 P.2d 520 (1991), aff'd, 120 Wn.2d 512, 844 P.2d 389 (1993).
No court requires an employer to accommodate an employee's request for a new supervisor. This is because "{n}ot every personal discomfort nor workplace embarrassment rises to the level of a recognized disability requiring accommodation under the law." Weiler v. Household Fin. Corp., 101 F.3d 519, 526-27 (7th Cir. 1996).
In Weiler, the court affirmed the summary dismissal of an employee's Americans with Disabilities Act (ADA) claim. Ms. Weiler suffered from depression and anxiety as a result of a meeting with her supervisor. She requested a different supervisor, but no other positions were available. Her employer extended short-term disability benefits to her. Even though the employer offered Ms. Weiler five different positions, she chose not to return. Id. at 522-23. She sued instead, arguing that her employer should have accommodated her request for a transfer to another supervisor or transferred her superv
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