WSR 15-08-004
[Filed March 20, 2015, 9:40 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 357-01-235 Persons with disabilities.
Hearing Location(s): Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501, on May 14, 2015, at 8:30 a.m.
Date of Intended Adoption: May 14, 2015.
Submit Written Comments to: Kristie Wilson, OFM, P.O. Box 47500, e-mail, fax (360) 586-4694, by May 7, 2015. For OFM tracking purposes, please note on submitted comments "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact OFM by May 7, 2015, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: We are proposing the revision to this rule in order to clarify this 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 disability for purposes of nondiscrimination and reasonable accommodation are addressed elsewhere.
Reasons Supporting Proposal: This is to broaden the definition and expand the number of state employees who self-report for affirmative action purposes only.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: OFM, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kristie Wilson, 128 10th Avenue S.W., Olympia, WA 98501, (360) 407-4139.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Rules related only to internal government operations. No impact to businesses or industry.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW 34.05.328 (5)(b)(ii) for exemption.
March 20, 2015
Roselyn Marcus
Assistant Director of
Legal and Legislative Services
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).