Maloney O'Laughlin PLLC

Can your employer require you to be 100% healed?

2026-09-02T10:48:20Z

You are ready to return after an injury, but your doctor has placed limits on what you can do. Then your employer says you cannot come back until you are “100% healed.” That one-size-fits-all rule may conflict with Washington disability law. If you can do the main duties of your job with a reasonable accommodation, your employer may need to consider changes instead of requiring a full recovery.

How accommodations can help you return to work

Under the Washington Law Against Discrimination, an impairment may qualify for reasonable accommodation if it substantially limits your ability to do your job. It may also qualify if you tell your employer about it and medical documentation shows that working without an accommodation would likely make the impairment substantially limiting. You and your employer may then take part in the interactive process. This means discussing your work limits and changes that could help you do your job. Depending on your job and medical restrictions, accommodations may include changes to your job duties and schedules, such as:

Adjusting your work hours for medical appointments or physical therapy
Providing equipment that reduces physical strain
Adjusting job duties that are not essential

An employer does not have to remove an essential job function, or a fundamental duty of your position. It also does not require an accommodation that would cause undue hardship. This means the change would be unreasonably difficult or costly based on the company’s size and resources.

What to do when you have medical restrictions

To consider your request, your employer generally needs enough information to understand how your condition affects your work. A health care provider may list limits on lifting, standing or movement without sharing your full medical history. Keeping copies of your medical restrictions, accommodation requests and your company’s responses can help you track what happened during the process. You can also explain which changes may help you keep doing the main duties of your job.

When a workplace injury caused your restrictions

If your limits came from an on-the-job injury, Washington’s Stay at Work program may also apply. It allows qualifying State Fund employers to receive wage and expense reimbursements for approved light-duty work. This workers’ compensation program is separate from disability discrimination law.

When a return-to-work decision deserves closer review

Calling something a company policy does not automatically mean the decision follows the law. What matters is how your employer applied the policy to you. Legal guidance can help you determine whether a return-to-work rule reflects the actual demands of your job or conflicts with Washington disability protections.

Do you need a doctor’s note for pregnancy accommodations?

2026-08-31T09:15:45Z

You are pregnant, your body is changing and a few workplace adjustments could make your day safer and more manageable. Then a manager asks for a doctor's note first. Is that allowed? In Washington, many common requests need no note. Knowing which ones do can help you ask with confidence. Here is how the rules break down.

Accommodations that do not require a doctor's note

Some adjustments are so basic that the law treats them as automatic. Under Washington's Healthy Starts Act, your employer must provide them without asking for a doctor's note. They include more frequent or longer restroom breaks, a modified food or drink policy, the ability to sit more often and a limit on lifting objects over 17 pounds. Break time to express breast milk counts too. The law currently applies to employers with 15 or more workers. Starting January 1, 2027, it will expand to employers with at least one employee.

Requests that may need medical proof

Other requests fall outside these automatic accommodations, so your employer can ask for documentation. Job restructuring, such as a modified schedule or a reassignment, may prompt a request for paperwork. The same goes for prenatal-visit flexibility, a temporary transfer to lighter duties or another accommodation you propose. Federal accommodation protections take a similar approach, allowing documentation only when it is reasonable.

Details a doctor's note should include

When a note is appropriate, it does not need to reveal your full medical history. A useful one confirms that you are pregnant or have a related condition, identifies the work limitation and explains why the requested accommodation would help. It can also note how long you will need the change. Keeping it focused on your work needs usually gives your employer enough information to evaluate the request.

Steps for requesting an accommodation

Putting your request in writing creates a clear record of what you asked for and when. Describe the specific change you need and how it connects to your pregnancy. Offering one or two options that let you keep doing your core duties can help move the process forward. If that request needs a note, attach it and keep copies in case questions arise later.

Employer requests for more documentation

Sometimes an employer asks for more information than the law permits. Even when the law permits documentation, there are limits on medical questions your employer must respect, and a demand for full medical records or a detailed diagnosis usually crosses the line. Under the federal Pregnant Workers Fairness Act, your employer also cannot require you to see a health care provider of its choosing. If the request seems excessive, ask why the additional information is necessary to evaluate your accommodation.

Options when documentation becomes a barrier

A paperwork dispute should not leave you guessing about whether you can keep working safely. Save your requests, medical notes and your employer’s responses. Then compare what the employer is asking for with the type of accommodation involved. If the documentation demands continue to block a reasonable request, those records can help you decide whether an agency complaint or legal review is the next practical step.

Can an employer base a job decision on your accent?

2026-08-21T17:53:45Z

National origin discrimination is commonly reported in the workplace. And a significant percentage of the cases involve accent. Many employees and job applicants report being treated unfavorably because of their accent. For example, they are not hired, passed over for promotions, moved from client-facing roles or phone duties, subjected to harsher performance reviews or dismissed. It’s unlawful for an employer to make an unfair employment decision because of a worker’s accent. This is prohibited under the Washington Law Against Discrimination (WLAD) and federal rules, such as Title VII of the Civil Rights Act of 1964. However, an employer can legally use accent to make an employment decision if:

It would materially interfere with the ability to perform the job

An employer cannot base an employment decision on accent because of customer preferences or simple assumptions. They must prove that the accent would materially interfere with one’s ability to perform the job. For example, when filling a role that requires constant, clear public contact or telephone communication, an employer may make hiring or promotion decisions based on an individual’s accent if their accent materially makes it difficult for them to perform the job. Some industries use this legal standard more often. For instance, public safety agencies frequently factor in accent when making decisions. When filling an emergency 911 dispatcher or responder position, an employer may consider whether an individual’s accent will make it difficult for them to provide critical numbers or life-saving instructions during high-stress calls. Cases of educational institutions making employment decisions because an educator’s accent severely interferes with students' comprehension have also been reported. An employer who uses accent to make an employment decision must prove the accent interferes materially with job performance. If you believe you experienced national origin discrimination because of your accent, get more information to protect your rights.

When workplace exclusion becomes disability discrimination

2026-08-14T01:27:44Z

Not every unpleasant or exclusionary workplace is a discriminatory one. Co-workers are generally free to choose whom they join for lunch, socialize with after work or consider a friend. Feeling left out can make a job miserable, but cliques and personality conflicts alone do not usually violate employment discrimination laws. The situation may be different when an employee is excluded, mistreated or denied opportunities because of a physical or mental disability. The Americans with Disabilities Act protects qualified employees with disabilities from discrimination in hiring, pay, promotions, job assignments, training, termination and other terms or privileges of employment.

What disability discrimination may look like

Disability discrimination is not limited to firing someone because of a medical condition. It can take many forms. For example, an employer might:

Leave an employee out of meetings or training because accommodating a wheelchair would be inconvenient
Refuse to consider an employee for a promotion based on assumptions about their health
Discipline an employee for disability-related limitations while overlooking similar conduct by others
Permit repeated insults, jokes or offensive comments about an employee’s disability
Deny access to workplace events, facilities or benefits that are available to other employees

The key question is not simply whether the employee was excluded. It is whether the exclusion or unfavorable treatment occurred because of the employee’s disability.

Documenting possible discrimination

Employees who believe they are experiencing disability discrimination should preserve relevant evidence. This may include emails, text messages, performance reviews, accommodation requests and written responses from management. It can also help to keep a dated account of discriminatory remarks, denied opportunities or other incidents and identify anyone who witnessed them. Legal guidance is also wise, since a skilled attorney can help you determine if you have an actionable claim.

Obstacles to consider when reporting pregnancy discrimination

2026-07-27T14:58:45Z

Pregnancy discrimination at work is a serious issue for many employees in Washington. Laws protect pregnant workers, but reporting discrimination can still be difficult. Knowing what challenges may arise can help you prepare before taking action.

Fear of retaliation and job loss

Many employees fear retaliation after reporting discrimination. You may worry that filing a complaint could lead to fewer hours, worse assignments, a demotion or job loss. These concerns may feel stronger if you provide financial support for your family or work in a field with limited job options. Washington law does not allow employers to retaliate against employees who report discrimination. However, fear of workplace consequences can still make it hard to speak up. You may feel unsure about whether to report unfair treatment or protect your job. Retaliation may not always be obvious. It can include being left out of meetings, losing job opportunities or being denied promotions without a clear reason.

Difficulty collecting evidence

Showing pregnancy discrimination often requires proof. Employers may not write down unfair decisions or comments. Instead, you may experience unfair treatment, inappropriate remarks or repeated actions that are difficult to explain. You may need records such as emails, performance reviews, messages or notes about workplace events. Coworkers may also provide information about what they saw or heard. However, some employees may hesitate to help because they fear workplace consequences. Collecting evidence can feel stressful, especially while managing the physical and emotional effects of pregnancy. Keeping records can help you stay organized and track important details.

Procedures and deadlines

Reporting discrimination requires following certain steps and deadlines. Depending on your situation, you may file a complaint with the Washington State Human Rights Commission, the Equal Employment Opportunity Commission or both. In Washington, you generally have 300 days from the date of the alleged discrimination to file a charge with the EEOC because the state has its own fair employment agency. Missing a deadline may affect your ability to move forward. The process may also require forms, written statements and other details. Understanding these requirements can be challenging during an already stressful time.

Emotional and financial stress

A discrimination complaint may take months or longer to resolve. During this time, you may worry about the outcome, your job and your relationships at work. The process may also create financial concerns. Problems at work could affect your income or create extra costs. Managing these concerns while preparing for or caring for a child can add more stress. Knowing what to expect may help you feel more prepared as you decide how to respond.

Protecting your rights at the workplace

Pregnancy discrimination can create many challenges, but preparation may help you manage the process. Keep records, track deadlines and save information related to your workplace experience. These steps can help you stay organized, making it easier to explore your options if you believe you are facing discrimination at work.

Can your employer cut working hours because you are pregnant?

2026-07-31T07:33:39Z

Finding out you are about to become a mother is one of the most exciting times of a woman’s life. For women who strive to balance their professional and personal life, the last thing they want to know is that their working hours have been slashed. If the employer reduced the working hours after learning you were pregnant, you might wonder if it's even legal.

Key legal protections for pregnant workers

Under Washington and federal workplace laws, employers are strictly prohibited from taking adverse employment action against workers simply because of pregnancy. In such situations, your key legal protections include:

Protection against discrimination: Under the Washington Law Against Discrimination and the federal Pregnancy Discrimination Act , it is unlawful to cut hours, reduce pay or demote employees due to pregnancies or other related conditions.
No forced schedule reductions: Under Washington’s Healthy Starts Act and the federal Pregnant Workers Fairness Act, an employer cannot force a pregnant worker to reduce their schedule or take leave as precaution or assumption about their abilities.
Voluntary accommodations: If a pregnant worker requests a modified schedule due to morning sickness or medical needs, the employer should work with them to provide reasonable accommodation.
Strict limits on legal cuts: An employer can only legally cut working hours if there is a documented, non discriminatory business reason equally applicable for all workers in the same position.

If your hours were unexpectedly reduced, document all communications, keep copies of old and new work schedules and send a request to your HR or manager asking for the explicit reason behind the schedule change.

Protecting your career

Knowing your legal rights is the first step toward protecting your career and planning your next steps. If you suspect pregnancy discrimination in your workplace, reaching out to an experienced attorney could help you evaluate your case and fight for the compensation available to you.

Can employers require English at work in Washington?

2026-07-27T14:12:27Z

Many employees speak more than one language at work. You may wonder whether your employer can require everyone to speak only English during the workday. The answer depends on why the rule exists and how the employer applies it. In some situations, an English-only policy may raise concerns about workplace discrimination.

When English-only rules may be allowed

Employers may require employees to speak English in limited situations when the rule serves a legitimate business purpose. For example, an employer may require English during safety meetings, emergency situations or when employees must communicate effectively with customers or coworkers. However, a blanket rule that requires employees to speak only English at all times may create legal issues, especially if it affects workers because of their national origin. Washington's Law Against Discrimination, RCW 49.60.180, prohibits employment discrimination based on protected characteristics, including national origin. Federal protections under Title VII of the Civil Rights Act of 1964 also apply in many workplaces. Understanding how these rules work can help explain when a policy may cross the line.

Signs that a language policy may be unfair

Not every English-only policy violates the law. The circumstances matter. Employees may have concerns if an employer:

Requires English during breaks or personal conversations without a valid business reason.
Applies the rule only to certain employees or groups.
Disciplines workers for speaking another language while allowing others to do so.
Uses the policy to target employees because of their national origin or accent.

Looking at how the policy operates can provide a clearer picture of whether it treats employees fairly. Workplace language policies are not always unlawful, but employers should apply them fairly and for legitimate business reasons. Knowing when an English-only rule serves a genuine workplace need and when it may single out certain employees can help you better understand your rights. If a workplace policy seems inconsistent or unfair, learning more about the protections available under Washington and federal law can help you make informed decisions about your next steps.

Potential evidence in discrimination cases

2026-07-07T06:47:45Z

If you are facing discrimination at work, you may be interested in gathering evidence to support your claim. For instance, maybe you believe you have experienced racial discrimination and want to pursue a case against your employer. You know you’ve been treated unfairly, but you need evidence to make that claim stronger. There are many different types of evidence to consider, and every case is unique. Below are a few examples of evidence to keep in mind.

Witness statements

First and foremost, if there are any witnesses to the discriminatory conduct, their testimony can be very helpful. They may be able to provide statements showing that they either witnessed the discrimination you experienced or were subjected to the same type of discrimination themselves.

Physical evidence

In some cases, you may have physical evidence that points toward discrimination. Maybe a note or a picture was left on your desk at work, and it is a clear form of harassment based on your race or ethnicity.

Digital evidence

In the modern era, many types of evidence are digital. Perhaps you have received email messages, text messages, social media messages or even voicemail messages that help demonstrate the discrimination you were facing.

Your own journal

One common piece of advice is to keep a journal documenting your experiences with harassment or discrimination on the job. Maintaining written records can help you avoid overlooking important details and keep your account consistent as your case moves forward. Racial discrimination is illegal, but it does happen with concerning frequency. If you find yourself in this position, be sure you know what legal options you have.

What rights do pregnant employees have in Washington?

2026-06-30T17:57:32Z

Pregnancy should not force you to choose between your health and your career. Federal and Washington state laws protect pregnant employees from discrimination and require many employers to provide reasonable accommodations that allow them to continue working safely. If you are pregnant and employed in Washington, understanding your legal rights can help you respond if workplace issues arise.

Protection from pregnancy discrimination

Employers cannot make employment decisions based on pregnancy, childbirth, or related medical conditions. They generally cannot refuse to hire you, terminate your employment, reduce your hours, or deny promotions simply because you are pregnant. Pregnancy discrimination may include:

Refusing to provide reasonable accommodations required by law
Treating you differently than other employees with similar work limitations
Retaliating against you for requesting workplace accommodations
Taking adverse employment actions because of your pregnancy or childbirth

If an employer violates these protections, you may have legal options to pursue a claim.

Your right to reasonable accommodations

Washington law requires many employers to provide reasonable accommodations for pregnancy-related needs unless doing so would create an undue hardship in certain circumstances. Depending on your situation, accommodations may include:

More frequent or longer restroom breaks
Additional break time, including time to express breast milk
Modified work schedules
Temporary lifting restrictions
Seating for jobs that normally require standing
Temporary job restructuring or reassignment when appropriate

The accommodations available will depend on your job duties and your medical needs.

Family and medical leave may also apply

Many employees also qualify for protected leave under state or federal law. Depending on your eligibility, you may have the right to take leave for pregnancy, childbirth, recovery, or bonding with your child while protecting your job.

Because eligibility requirements vary, understanding which laws apply to your circumstances is important before making leave decisions.

What should you do if your employer violates your rights?

If you believe your employer has discriminated against you because of your pregnancy or refused to provide legally required accommodations, keep records of your communications, employment documents, and any actions your employer has taken.

You should also document requests for accommodations and your employer's responses. These records can become valuable evidence if a dispute arises.

Why legal guidance matters

Pregnancy discrimination and accommodation laws can involve both state and federal protections. An experienced Washington employment attorney can evaluate your situation, explain your legal rights, and help you pursue appropriate remedies if your employer violated the law.

If you believe your employer has denied your workplace rights during pregnancy, a Washington employment attorney can help you protect your interests and determine the best course of action.

Can a warehouse fire you after a workplace injury?

2026-06-30T09:44:58Z

A sudden injury while moving heavy freight or operating warehouse equipment can change your life in an instant. You may face severe physical pain, unexpected medical bills and deep anxiety about your job security. Many hourly laborers fear that reporting a hurt back or a forklift accident will lead to immediate termination. You have clear employment rights under state law when an industrial accident occurs.

Retaliation protections for industrial laborers

Your supervisor cannot legally terminate your employment simply because you sustained an injury on the job. Washington state law strictly forbids employers from taking negative actions against you for seeking medical care or filing a workers compensation claim. A specific legal standard protects your position: if an employer demotes, terminates or cuts the hours of a laborer after an accident, that employer faces civil liability. Proving retaliation requires clear evidence that your injury report directly caused the negative workplace change.

Reasonable accommodations for a temporary disability

A severe physical injury often triggers immediate protections under the Washington Law Against Discrimination. Under this state framework, a temporary or permanent physical impairment qualifies as a legal disability. Your employer must engage in good faith to find a way for you to keep working safely. Your employer may have to adjust your operational duties in these specific ways:

Providing a temporary light duty role that avoids heavy lifting.
Modifying your schedule to accommodate physical therapy appointments.

Warehouse management cannot simply discard you because your physical capabilities temporarily change. They must provide these adjustments unless doing so causes an extreme financial hardship.

Strict timelines to address workplace bias

You must act quickly if you experience discrimination or retaliation after an accident. Washington state law sets strict limitations on how long you can wait to protect your livelihood. The timeline for administrative action depends on the nature of your claim, current as of June 2026:

You have 90 days from the date of the violation to file an injury retaliation complaint with the Department of Labor and Industries.
You have three years to file a broader disability discrimination claim directly in state court.

Missing these specific deadlines can permanently bar you from seeking justice.

Protect your livelihood after an industrial accident

Navigating unfair treatment while recovering from a serious physical injury is deeply stressful. You do not have to accept unlawful treatment or sudden termination from a defensive employer. Speaking with a local employment attorney can help you assert your disability rights and hold your employer accountable.