Washington Supreme Court holds that pregnancy is not a "disability" under employment discrimination laws

Yesterday, the Washington Supreme Court held that an employer who refuses to hire a job applicant because of her pregnancy is liable for sex discrimination under Chapter 49.60 RCW (Washington's Law Against Discrimination), unless a bona fide occupational qualification justifies the hiring decision.

Significantly, the Court rejected the trial court's analysis of the plaintiff's claim under a  "disability" discrimination framework, where an "accommodation" test is used to determine whether an applicant's disability prevents her from performing an essential function of the job.  Read the full opinion in Hegwine v. Longview Fibre Co.