WSR 15-11-103 PERMANENT RULES OFFICE OF FINANCIAL MANAGEMENT [Filed May 20, 2015, 10:54 a.m., effective June 22, 2015] Effective Date of Rule: June 22, 2015.
Purpose: The following rule change is necessary to clarify the persons with disabilities definition so that responding employees interpret the definition more broadly. The definition revision should expand the number of employees who self-report as meeting the definition.
NOTE: This definition only applies to affirmative action. The definition of persons with disabilities for purposes of nondiscrimination and reasonable accommodation are addressed elsewhere.
Citation of Existing Rules Affected by this Order: Amending WAC 357-01-235.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 15-08-004 on March 20, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: May 20, 2015.
Roselyn Marcus
Assistant Director for
Legal and Legislative Affairs
AMENDATORY SECTION (Amending WSR 05-01-204, filed 12/21/04, effective 7/1/05)
WAC 357-01-235 Persons with disabilities.
For affirmative action purposes, ((a person)) an individual with a permanent physical, mental, or sensory impairment ((which)) that substantially limits one or more major life ((activity. Physical, mental, or sensory impairment means: (a) Any physiological or neurological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body systems or functions; or (b) any mental or psychological disorders such as mental retardation, organic brain syndrome, emotional or mental illness, or any specific learning disability)) activities. The impairment must be both permanent and material rather than slight, ((and permanent in that it is seldom fully corrected by medical replacement, therapy, or surgical means)) but not necessarily require a workplace accommodation. An impairment that is episodic or in remission is still a disability if it would substantially limit a major life activity when active. The determination of whether an impairment substantially limits a major life activity shall be made without considering temporary improvements made through mitigating measures such as medication, therapy, reasonable accommodation, prosthetics, technology, equipment, or adaptive devices (but not to include ordinary eyeglasses or contact lenses).
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