[WA] Can an employer’s six-month transfer policy override an employee’s legal right to a reasonable disability accommodation?

WA Employment

Jon

556 satisfied customers

View context

Solved

In Washington, you are protected by both the federal Americans with Disabilities Act (ADA) and the Washington Law Against Discrimination (WLAD), which often provides even stronger protections for employees.

Under both laws, your employer has a legal duty to engage in a good-faith interactive process (29 C.F.R. § 1630.2(o)(3)). In everyday terms, that means they must actively work with you to identify a reasonable accommodation, not simply point to a policy and wait for deadlines to run out.

If your medical restrictions prevent you from performing the essential duties of bedside nursing, reassignment to a vacant position you are qualified for is recognized under the ADA and WLAD as a reasonable accommodation. Internal policies, such as a six-month requirement before transferring positions, generally do not override disability law. When a suitable vacant position exists, the hospital may be required to waive that rule as part of its obligation to accommodate your disability.

Washington law also expects employers to take affirmative steps to help identify possible accommodations. Simply sending you a disability policy, enforcing a 90-day limit, or releasing your position while you are actively seeking reassignment may be viewed as a failure to accommodate or, depending on timing and intent, retaliation under the ADA and WLAD.

A strong next step is to request a reasonable accommodation meeting in writing with HR and your manager. Clearly state that you are requesting a reasonable accommodation under the ADA and the Washington Law Against Discrimination, that your surgeon has provided documentation of your restrictions, and that you are requesting a waiver of the six-month transfer rule along with assistance in reassignment to a vacant non-bedside position you are qualified for.

Be sure to document everything, including job applications, rejections tied to the six-month rule, and any communications about releasing your position. Given the stakes, consulting a Washington attorney who focuses on plaintiff-side employment law is wise. Finding a highly rated and trustworthy lawyer in your area is straightforward! You can visit Avvo.com, a well-regarded lawyer review site, to search for legal professionals who can assist you with your case. You may also contact the Washington State Human Rights Commission (WSHRC), which investigates disability discrimination under the Washington Law Against Discrimination.

Accommodations / Modifications Request

Full Conversation

I have an employment issue, I would like to talk to someone on the phone as it is too much to type out. I have the documentation saved that I need regarding this issue.

Lexi, Chatbot

I understand that dealing with employment issues can be stressful. Can you briefly describe the nature of your employment issue?

No, it's not really something I can describe briefly. It has to do with special accommodations that I applied for at the hospital where I work as an RN, and I was told they would accommodate the restrictions my neurosurgeon placed on me after my recent back and neck surgery. They have not helped me and I would like to discuss it further with a lawyer if I could.

Lexi, Chatbot

Have you already taken any steps to address this issue with your employer or HR department?

Yes.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your employment issue.

Yes.

Jon

Hello, and thank you for reaching out! I'm Jon, a licensed attorney with over 13 years of experience, here to help. I understand legal matters can feel overwhelming, but you're in good hands. My goal is to explain things clearly and guide you toward the best possible solution for your situation. Just a quick note: our conversation is for general legal information only and does not create an attorney-client relationship.

Can you please confirm which state you're working in, as employment laws can vary by location?

Washington. I work for the hospital as an RN.

Jon

Thank you. When did you first request these accommodations from your employer, and have you received any written responses or documentation from them regarding your request?

I know this can be a lot to think about. Could you also let me know if there have been any meetings or discussions with HR or your supervisor about your accommodation request?

I had back and neck surgery at the end of July, was scheduled to go back at the end of October, my surgeon suggested not returning to the ER, so I took a position in the PACU. I worked about 2 weeks in the PACU and was still having severe pain. Tests showed that I am not fusing and my surgeon wanted me out of bedside nursing as a precaution. The manager of the PACU told me to put in for a Special Accommodation which I did. They reached out to my surgeon requesting documentation. My surgeon filled it out. This was to help me transfer to a non-bedside position within the hospital system, as I had not been in the PACU for six months. I have been with the hospital for 4 years in the ER. I was told that if I filled this out and my surgeon did her part I would be able to switch departments early.

Jon

Thanks for sharing all that. It sounds like you've been through a lot. Have you received any response from your employer after your surgeon submitted the documentation? If so, what did they say or do?

The lady I am dealing with sent me the policy on how I could apply for disability, and that I needed to wait 90 days to transfer. I told her that the Special Accommodations form was to allow me to transfer. I told her I am not disabled, I just need a non-bedside job. My manager did not reach out to me to help me, and I told the person I am dealing with that I can not afford to not work for 90 days. She never got back to me, and they sent me an email about releasing my position. I have applied for several non-bedside positions and my application has been rejected due to my not being eligible for transfer due to their six-month rule.

Jon

Understood! I believe I have all the information I need. Is there anything else you'd like to add before I start working on your answer? If not, I'll get started right away.

I do have all the documentation. The PACU manager could not accommodate my restrictions, that's why I needed to transfer, and they are not allowing me to do so.

Jon

Got it! I just need a few minutes to put together a complete response for you. It shouldn't take longer than about 4–5 minutes, and I want to make sure it's clear and comprehensive. Thanks so much for waiting, I really appreciate your patience.

Thank you.

Jon

It's completely understandable that you're frustrated. Recovering from major surgery while trying to navigate strict hospital policies is exhausting, especially when it feels like your employer is prioritizing internal rules over practical solutions that support your recovery and ability to keep working.

Jon

Thank you so much for your help. Do you recommend me obtaining a lawyer?

Jon

I would, yes. The Bar can refer you as well: https://www.wsba.org/for-the-public/find-legal-help.

Ok, thank you. I appreciate your time.

Jon

I do hope the information I provided was helpful and addressed your question. If there's anything else you need, please don't hesitate to reach out, I'm always happy to assist. Wishing you a fantastic day ahead!

The information was very helpful. Have a great day.

Jon

You're so welcome! I'm thrilled I could help, don't hesitate to reach out if you need anything at all!

Jon

556 satisfied customers

Welcome! Have a similar question?

By messaging AskALawyer, you agree to our Terms and Privacy Policy.

Legal Eagle

Attorney

4.79 (135,427)

[SD] Is a verbal agreement with an employer to pay extra for additional job duties enforceable?

Answered 15 hours ago

Jessica B

Attorney

4.72 (32,205)

[IN] What legal options exist for an employee who suffers repeated workplace injuries due to unsafe conditions?

Answered 16 hours ago

Jessica B

Attorney

4.72 (32,205)

What counts as FMLA retaliation after taking paternity leave?

Answered 3 days ago

Disclaimer

By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.