Certification From the United States Court of Appeals for the Ninth Circuit in Casey TAYLOR and Angelina Taylor, husband and wife and the marital community composed thereof, Plaintiffs-Appellants,
v.
BURLINGTON NORTHERN RAILROAD HOLDINGS, INC., a Delaware Corporation licensed to do business in the State of Washington, and BNSF Railway Company, a Delaware Corporation licensed to do business in the State of Washington, Defendants-Appellees.
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Bryan P. Neal , Thompson & Knight LLP, 1722 Routh Street, Suite 1500, Dallas, TX 75201, Britenae M. C. Pierce , Ryan Swanson & Cleveland PLLC, 1201 3rd Avenue, Suite 3400, Seattle, WA 98101-3034, for Defendant.
Michael Craig Subit , Frank Freed Subit & Thomas LLP, 705 2nd Avenue, Suite 1200, Seattle, WA 98104-1798, Daniel B. Kohrman , AARP Foundation Litigation, 601 E. Street NW, Room S11-230, Washington, DC 20049, for Amicus Curiae (AARP and AARP Foundation).
Jeremy Fischel Wood , Daniel L. Thieme , Littler Mendelson, 600 University Street, Suite 3200, Seattle, WA 98101-3122, Robert Andrew Battles , Association of Washington Business, 1414 Cherry Street SE, Olympia, WA 98501-2341, for Amicus Curiae (Association of Washington Business).
Brendan Wesley Donckers , Breskin Johnson & Townsend, PLLC, 1000 Second Avenue, Suite 3670, Seattle, WA 98104, for Amicus Curiae (Disability Rights Washington, Obesity Action Coalition).
Jeremy Fischel Wood , Daniel L. Thieme , Littler Mendelson, 600 University Street, Suite 3200, Seattle, WA 98101-3122, Peter C. Tolsdorf , Leland P. Frost , Manufacturers' Center for Legal Action, 733 10th Street NW, Suite 700, Washington, DC 20001, for Amicus Curiae (National Association of Manufacturers).
Jeremy Fischel Wood , Daniel L. Thieme , Littler Mendelson, 600 University Street, Suite 3200, Seattle, WA 98101-3122, Karen R. Harned , Elizabeth Milito , Nat'l Fed. of Independent Business, 1201 F Street NW, Washington, DC 20004, for Amicus Curiae (National Federation of Independent Business).
Jeremy Fischel Wood , Daniel L. Thieme , Littler Mendelson, 600 University Street, Suite 3200, Seattle, WA 98101-3122, for Amicus Curiae (Washington Policy Center).
Daniel Edward Huntington , Richter-Wimberley PS, 422 W. Riverside Avenue, Suite 1300, Spokane, WA 99201-0305, Valerie Davis McOmie , Attorney at Law, 4549 NW Aspen Street, Camas, WA 98607-8302, for Amicus Curiae (Washington State Association for Justice Foundation).
FAIRHURST, C.J.
¶1 The Washington Law Against Discrimination (WLAD) generally prohibits employers from discriminating against an employee because the employee has a disability. RCW 49.60.180. An employee has a disability if they have an "impairment" that "[i]s medically cognizable or diagnosable," "[e]xists as a record or history," or "[i]s...
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