September 2019 Bar Bulletin
Chief Justice Fairhurst Writes for the Court
Taylor v. Burlington Northern Railroad Holdings, Inc.No. 96335-5 (7-2)
On Certification from theUnited States Court of Appeals for the Ninth Circuit
July 11, 2019
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 perceived to exist whether or not it exists in fact.” RCW 49.60.040(7)(a). The United States Court of Appeals for the Ninth Circuit certified the following question to this court: “Under what circumstances, if any, does obesity qualify as...