Lake Stevens JournalLake Stevens Journal

Happy Birthday, ADA – A Work in Progress for WA

Published on Fri, Jul 31, 2009 by Chris Thomas

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SEATTLE - This week, as the Americans with Disabilities Act (ADA) begins its twentieth year, it is widely considered to be a landmark piece of civil rights legislation. Long before it was passed, however, Washington had its own state law to protect the rights of people with disabilities. Today the Washington Law Against Discrimination (WLAD) fills in, in situations the federal law doesn't cover, such as businesses with fewer than 18 employees.

Although Congress updated the ADA last year, David Carlson, associate director of legal advocacy for Disability Rights Washington, says his group still receives a steady stream of questions and complaints about issues such as access to buildings, and fair treatment in housing and at workplaces.

"We've been doing a lot of looking at how buildings are built, while also hearing from people who are being discriminated against at work, and it's because of an employer not really understanding how to accommodate a disability and not engaging in a good dialogue, back and forth."

Carlson says both the ADA and WLAD still have some gray areas - and he's convinced that many accessibility issues boil down to better communication.

"I don't know that it'll ever be so smooth that everyone knows exactly what they should be doing. 'Have I done enough?' But if you're asking yourself that question - you're asking your customers, and providing good customer service like you would to anybody else - you're already a long way along the line of meeting your obligations."

In 2006, a Washington Supreme Court case restricted the state's definition of disabilities. The legislature restored the original, broader definition the following year, saying the court had overstepped its boundaries and weakened the law's protections. In Carlson's view, there's still more to be done to ensure fairness and equal access for everyone.

Learn more about both the state and federal laws that prohibit discrimination against people with disabilities at www.DisabilityRightsWA.org.