WPI 330.46 Employment Discrimination—Pregnancy Discrimination—Reasonable Accommodation—Definiti...
6A WAPRAC WPI 330.46Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 330.46 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part XVI. Employment
Chapter 330. Employment Discrimination
WPI 330.46 Employment Discrimination—Pregnancy Discrimination—Reasonable Accommodation—Definition
“Reasonable accommodation” means:
[(1)] [Providing more frequent, longer, or flexible restroom breaks;]
[(2)] [Modifying a no food or drink policy;]
[(3)] [Job restructuring, part-time or modified work schedules, reassignment to a vacant position, or acquiring or modifying equipment, devices, or an employee's work station;]
[(4)] [Providing seating or allowing the employee to sit more frequently if her job requires her to stand;]
[(5)] [Providing for a temporary transfer to a less strenuous or less hazardous position;]
[(6)] [Providing assistance with manual labor and limits on lifting;]
[(7)] [Scheduling flexibility for prenatal visits;]
[(8)] [Providing reasonable break time for an employee to express breast milk for two years after the child's birth each time the employee has need to express the milk and providing a private location, other than a bathroom, if such a location exists at the place of business or worksite, which may be used by the employee to express breast milk. If the business location does not have a space for the employee to express milk, the employer shall work with the employee to identify a convenient location and work schedule to accommodate the employee's needs;] [and]
[(9)] [Any further pregnancy accommodation an employee may request, and to which an employer must give reasonable consideration in consultation with information provided on pregnancy accommodation by the Department of Labor and Industries or the attending health care provider of the employee].
NOTE ON USE
The bracketed paragraphs are to be used in an appropriate case when there is an issue as to which of several accommodations might be considered reasonable, or when multiple modes of accommodation are attempted.
The list of accommodations in the instructions is not exclusive.
Use this instruction with WPI 330.44 (Employment Discrimination—Pregnancy Discrimination—Definition), WPI 330.45 (Employment Discrimination—Pregnancy Discrimination—Reasonable Accommodation—Burden of Proof), and as appropriate, WPI 330.47 (Employment Discrimination—Pregnancy Discrimination —Certain Reasonable Accommodations Required) and WPI 330.48 (Employment Discrimination—Pregnancy Discrimination—Undue Hardship).
COMMENT
This instruction is new for this edition.
This instruction is derived from RCW 43.10.005.
An employer may not require an employee to provide a written certification from her treating health care professional regarding the need for the following accommodations: (i) providing more frequent, longer, or flexible restroom breaks; (ii) modifying a no food or drink policy; (iii) providing seating or allowing the employee to sit more frequently if her job requires her to stand; (iv) providing reasonable break time for an employee to express breast milk; or (v); limits on lifting over seventeen pounds. RCW 43.10.005.
[Current as of March 2021.]
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