Are there any legal remedies available for employers if an accommodation request cannot be fulfilled?
Yes, there are legal remedies available for employers if an accommodation request cannot be fulfilled under Washington’s disability law. The Washington Law Against Discrimination outlines that it is illegal to deny any applicant or employee a reasonable accommodation for their disability, with the exception of undue hardship for the employer. This means that the employer must make reasonable efforts to accommodate the employee’s disability and only reject the accommodation if it imposes “undue hardship” on the employer. Under the Washington Law Against Discrimination, an employer must consider alternative forms of accommodation and not just reject the request outright. If the employee’s request cannot be fulfilled, the employer must provide a written statement outlining the reason why the accommodation cannot be provided and the actions taken to try and accommodate the request. If the employer is found to be in violation of the law, they can be liable for wages and legal fees and may be required to provide job reinstatement or promotion. Additionally, the employer may be required to offer a reasonable accommodation in the future.
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