HALE v. WELLPINIT SCHOOL DIST. NO. 49

No. 80771-0.

198 P.3d 1021 (2009)

John L. HALE and Robbin Hale, husband and wife, Petitioners, v. WELLPINIT SCHOOL DISTRICT NO. 49, a municipal corporation, Respondent.

Supreme Court of Washington, En Banc.

Decided January 15, 2009.


Attorney(s) appearing for the Case

Paul James Burns, Attorney at Law, Spokane, WA, for Petitioners.

Michael Early McFarland Jr., Patrick Mark Risken, Attorney at Law, Spokane, WA, for Respondent.

Sean M. Phelan, Frank Freed Subit & Thomas, LLP, Seattle, WA, Amicus Curiae on behalf of Washington Employment Lawyers Association.

Michael Craig Subit, Beth A. Bloom, Sean M. Phelan, Frank Freed Subit & Thomas LLP, Seattle, WA, Amicus Curiae on behalf of Senators Adam Kline et al.

Elizabeth Christina Beusch, Attorney General's Office, Government Compliance Division, Olympia, WA, Amicus Curiae on behalf of Washington State Human Rights Commission.


CHAMBERS, J.

¶ 1 Until 2007, the Washington Law Against Discrimination (WLAD), chapter 49.60 RCW, contained no definition of the term "disability." In 2006, this court found that the meaning of "disability" as used in the WLAD was consistent with the definition found in the federal Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12209(ADA). McClarty v. Totem Elec., 157 Wn.2d 214, 137 P.3d 844 (2006...

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