Wurzbach v. City of Tacoma
Wurzbach v. City of Tacoma
Opinion of the Court
David Wurzbach was diagnosed with leukemia, and his doctor recommended limited public contact. His job with the City of Tacoma required substantial public contact, so the City accommodated the disability by creating a position that required limited public contact. When another position became available that required significant public contact, the City decided that Wurzbach was not a potential candidate because of his disability. But, unknown to the City, Wurzbach’s leukemia was then in remission and public contact was no longer a threat to his health. Wurzbach sued for disability discrimination, the trial court dismissed his claim, and he now appeals. We affirm, holding that the City had no obligation to consider Wurzbach for another position until he gave notice that his disability was no longer a consideration in his employment.
FACTS
David Wurzbach worked for the City of Tacoma at its building permit counter, a position that required significant public contact. After Wurzbach was diagnosed with leukemia in 1993, he submitted a letter from his doctor recommending that, to minimize the risk of infection, he “not be forced to work directly with the public.” Clerk’s Papers at 15. The City looked for positions to accommodate Wurzbach’s condition and, when it found none, it created a position for him that involved minimal public contact. Later Wurzbach told his immediate supervisor that his leukemia was in remission, but Wurzbach did not advise the personnel office of the remission or that he wanted to be considered for positions that involved public contact.
In 1995, a temporary promotion that Wurzbach was eligible for became available in another department. The City maintained a listing of eligible candidates for particu
After a bench trial, the trial court dismissed Wurzbach’s claim, concluding that the City acted reasonably and did not unlawfully discriminate. The court also ruled that the City had no duty to continually inquire whether Wurzbach’s disability continued; rather, Wurzbach had a duty to notify the City of any change in his disability that would allow him to increase his public contact.
ANALYSIS
I. Standard of Review
Wurzbach does not assign error to any of the trial court’s findings; thus, they are verities. See Davis v. Dep’t of Labor & Indus., 94 Wn.2d 119, 123, 615 P.2d 1279 (1980); RAP 10.3(g). Wurzbach does challenge the court’s conclusions, raising essentially the question of whether the City had the duty to “inquire concerning an employee’s ongoing medical condition (handicap), prior to determining that he was not an appropriate candidate for a new position.” Br. of Appellant at 2-3. This is a legal question, which we review de novo. Bishop v. Miche, 137 Wn.2d 518, 523, 973 P.2d 465 (1999).
II. Disability Discrimination
Washington’s law against discrimination protects employees from discrimination based on a disability. RCW 49.60.030(1). Under this law, “[i]t is an unfair practice for any employer. . . [t]o discriminate against any person in compensation or in other terms or conditions of employ
Wurzbach first argues that he notified the City of his changed disability status, pointing to his statement to his immediate supervisor that his leukemia was in remission. But Wurzbach never told anyone that he could accept a position that involved public contact or that he wanted to be considered for other positions. And, especially where a large employer is involved, as here, the employer should not be charged with knowledge of the status of the employee’s health when the employee casually notifies a supervisor who is not responsible for hiring or job transfers. We hold that Wurzbach did not give sufficient notice to the City that his disability had improved and that he could be considered for public contact jobs. We next consider whether the City had a duty to monitor Wurzbach’s medical condition.
Wurzbach argues that the City was obligated to investigate whether he was actually qualified for the temporary position that became available rather than relying on the doctor’s letter in his file. The City argues that its obligation to Wurzbach ended when it created a position for him and that it did not have a continuing obligation to inquire about the status of Wurzbach’s medical condition and notify him of future job openings.
When an employee notifies an employer that he has a disability, the employer has an obligation to reasonably accommodate an employee’s disability by taking affirmative steps to find a suitable position. Dean, 104 Wn.2d at 639. Thus, “if a handicapped employee is qualified for a job within an employer’s business, and an opening exists, the
Wurzbach argues that the City violated WAC 162-22-090, which provides that employers relying on a doctor’s opinion to determine whether a person can perform a job “are advised to provide the health care professional with the necessary information about the particular job and to inform the health care professional of the need for an individualized opinion.” But the City had no reason to believe that it needed a doctor’s opinion particular to this position. The letter in Wurzbach’s file disapproved of public contact generally, and the open position required significant public contact. Thus, the medical information in Wurzbach’s file disqualified him for the position.
Wurzbach concedes that the City reasonably accommodated his disability when he first reported it. And Wurzbach does not dispute that, when he had the disability, the City was not obligated to offer him the new position, which involved significant public contact. An employer does not discriminate illegally when it discriminates based on a
The employee bears the initial burden of notifying the employer of a disability. Goodman, 127 Wn.2d at 408. And the employee seeking an accommodation must explain his or her disability and qualifications. Goodman, 127 Wn.2d at 408; Dean, 104 Wn.2d at 637-38. The employer has a duty to acquire enough information to accommodate the employee’s disability. Goodman, 127 Wn.2d at 409. But the employer has no duty to investigate by questioning any employee suspected of a disability. Goodman, 127 Wn.2d at 409. Under the Goodman mutual cooperation scheme, we hold that an accommodated employee whose disability subsides must, if he then desires a promotion to a job that the disability would have precluded, formally notify the employer of the change in his disability status. This is sensible and practicable. The employee has ready access to his medical providers and will be the first to know of any improvement. The employer, in contrast, does not have firsthand knowledge and does not have ready access to the employee’s medical providers. Indeed, the employee’s medical records would most likely be protected by privilege. See RCW 5.60.060(4).
This holding also fits Goodman’s allocation of duties, particularly that of requiring the employee to initially report any disability. If the duty to report a disability rests with the employee, the duty to report any clearing of the disability should also rest with the employee. We hold that the City acted reasonably and did not discriminate against Wurzbach by not considering him a candidate for the
Affirmed.
Morgan and Seinfeld, JJ., concur.
Reconsideration denied April 3, 2001.
Review denied at 144 Wn.2d 1017 (2001).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.