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(iv) Medical Records and Sharing of Information

Employers that receive medical information on employees or applicants are

required by the ADA to keep such information and records securely and separate
from regular personnel files. All such information and records should be treated as
confidential and shared only to the extent necessary for supervisors and managers
to understand the extent of an employee’s limitation and needed accommodations,
for first aid and safety personnel who may need to provide emergency treatment of
the employee’s condition, and for government officials investigating compliance.

(v) WLAD “Disability” Definition

Nonprofit employers should note that the definition of “disability” is broader
under the WLAD than it is under the ADA. In 2007, the Washington State
Legislature amended the WLAD to define “disability” as “a sensory, mental, or
physical impairment” that is “medically cognizable or diagnosable,” “[e]xists as a
record or history,” or is “perceived to exist whether or not it exists in fact”; and
“impairment” includes:

(i) Any physiological disorder, or condition, cosmetic
disfigurement, or anatomical loss affecting one or
more of the following body systems: Neurological,
musculoskeletal, special sense organs, respiratory,
including speech organs, cardiovascular,
reproductive, digestive, genitor-urinary, hemic and
lymphatic, skin, and endocrine; or

(ii) Any mental, developmental, traumatic, or
psychological disorder, including but not limited to
cognitive limitation, organic brain syndrome,
emotional or mental illness, and specific learning
disabilities.

RCW 49.60.040(7).

The statute recognizes a disability in a broad range of circumstances. Under the
law, “a disability exists whether it is temporary or permanent, common or
uncommon, mitigated or unmitigated, or whether or not it limits the ability to work
generally or work at a particular job or whether or not it limits any other activity
within the scope of this chapter.” RCW 49.60.040(7)(b).

WASHINGTON NONPROFIT HANDBOOK -220- 2018