Taylor v. Burlington N. R.R. Holdings, Inc.

444 P.3d 606, 193 Wash. 2d 611
CourtWashington Supreme Court
DecidedJuly 11, 2019
Docket96335-5
StatusPublished
Cited by12 cases

This text of 444 P.3d 606 (Taylor v. Burlington N. R.R. Holdings, Inc.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taylor v. Burlington N. R.R. Holdings, Inc., 444 P.3d 606, 193 Wash. 2d 611 (Wash. 2019).

Opinions

FAIRHURST, C.J.

*614*608¶1 The Washington Law Against Discrimination (WLAD) generally prohibits employers from discriminating against an employee because the employee has a disability. RCW 49.60.180. An employee has a disability if they have an "impairment" that "[i]s medically cognizable or diagnosable," "[e]xists as a record or history," or "[i]s perceived to exist whether or not it exists in fact." RCW 49.60.040(7)(a). The United States Court of Appeals for the Ninth Circuit certified the following question to this court: "Under *615what circumstances, if any, does obesity qualify as an 'impairment' under the [WLAD, RCW] 49.60.040 ?" Order Certifying Question to Wash. Supreme Ct., Taylor v. Burlington N. R.R. Holdings, Inc., 904 F.3d 846, 853 (9th Cir. 2018). We answer that obesity always qualifies as an impairment under the plain language of RCW 49.60.040(7)(c)(i) because it is recognized by the medical community as a "physiological disorder, or condition" that affects multiple body systems listed in the statute. Therefore, if an employer refuses to hire someone because the employer perceives the applicant to have obesity, and the applicant is able to properly perform the job in question, the employer violates this section of the WLAD.1

I. FACTS AND PROCEDURAL HISTORY

¶2 In 2007, Casey Taylor received a conditional offer of employment as an electronic technician for BNSF Railway Company *609(BNSF). The offer was contingent on a physical exam and a medical history questionnaire. The physical exam found that Taylor "[m]eets minimum physical demands of the essential functions of Electronic Technician." 2 Excerpts of Record (ER) at 287. Taylor self-reported his height as 5 feet 7 inches and his weight as 250 pounds, resulting in a body mass index (BMI) of 39.2. However, a medical exam found that Taylor's height was 5 feet 6 inches and his weight was 256 pounds, resulting in a BMI of 41.3. Id. at 290. "A BMI over 40 is considered 'severely' or 'morbidly' obese, and BNSF treats a BMI over 40 as a 'trigger' for further screening in the employment process." Taylor v. Burlington N. R.R. Holdings, Inc., 904 F.3d 846, 848 (9th Cir. 2018). Because Taylor's BMI was over 40, his results were referred to BNSF's chief medical officer, Dr. Michael Jarrard. BNSF told Taylor it was unable to determine *616whether he was medically qualified for the job "due to significant health and safety risks associated with extreme obesity (Body Mass Index near or above 40) and uncertain status of knees and back." 2 ER at 147. BNSF offered to reconsider if Taylor paid for expensive medical testing, including a sleep study, blood work, and an exercise tolerance test. Taylor believed these tests would cost, at least, a few thousand dollars. At the time, he was unemployed and did not have medical insurance or United States Veteran's Administration benefits. He could not afford the testing. BNSF told Taylor that it was company policy to not hire anyone who had a BMI of over 35 and that if he could not afford the testing his only option was to lose 10 percent of his weight and keep it off for six months.

¶3 In 2010, Taylor sued BNSF and Burlington Northern Railroad Holdings Inc.2 in King County Superior Court, alleging that BNSF violated the WLAD by refusing to hire him because of a perceived disability-obesity. BNSF removed the case to federal court and moved for summary judgment, relying on federal cases interpreting federal law to argue that obesity is not a disability under the WLAD unless it is caused by a separate, underlying physiological disorder. The United States District Court for the Western District of Washington agreed and granted summary judgment on this issue to BNSF, ruling that "under the WLAD, a plaintiff alleging disability discrimination on the basis of obesity must show that his or her obesity is caused by a physiological condition or disorder or that the defendant perceived the plaintiff's obesity as having such a cause." 1 ER at 23. The court dismissed the case with prejudice.

¶4 Taylor timely appealed to the Ninth Circuit. That court concluded that whether obesity may constitute an impairment, and thus a disability, under the WLAD is an unresolved issue of state law and certified the question to this court. Taylor, 904 F.3d at 849. We accepted certification.

*617II. ANALYSIS

¶5 We hold that obesity is always an impairment under the plain language of RCW 49.60.040(7)(c)(i) because the medical evidence shows that it is a "physiological disorder, or condition" that affects many of the listed body systems. Obesity does not have to be caused by a separate physiological disorder or condition because obesity itself is a physiological disorder or condition under the statute. Our legislature has made it clear that the WLAD is broader than its federal counterpart, the Americans with Disabilities Act of 1990 (ADA),3 and we decline to use federal interpretations of the ADA to constrain the protections offered by the WLAD.

A. Standard of review

¶6 The certified question asks us to determine whether obesity can qualify as an impairment under RCW 49.60.040. Statutory interpretation "is a question of law reviewed de novo." State v. James-Buhl, 190 Wash.2d 470, 474, 415 P.3d 234 (2018). "Statutory interpretation begins with the statute's plain meaning." Id. "Plain meaning is 'discerned from the ordinary meaning of the language at issue, the context of the statute in which that provision is found, related provisions, and the statutory scheme as a whole.' "

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Bluebook (online)
444 P.3d 606, 193 Wash. 2d 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-burlington-n-rr-holdings-inc-wash-2019.