County of Los Angeles Office of Affirmative Action
- Slides: 11
County of Los Angeles Office of Affirmative Action Compliance Presents EMPLOYMENT GUIDELINES FOR THE REASONABLE ACCOMMODATION PROCESS Dennis A. Tafoya, Director
Disability Laws n Americans with Disabilities Act (ADA) n To establish clear and comprehensive prohibition of discrimination on the basis of disability. n Fair Employment and Housing Act (FEHA) n To protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of the individual’s disability. n County Policies n n n BOS 3. 060 – Non Discrimination on the Basis of Disability BOS 9. 010 – Equal Employment Opportunity Civil Service Rule 9. 08 – Partially or fully incapacitated 2 employees
Who has a disability? n Examples of physical/mental impairment or medical condition that limits one or more major life activities, such as: Walking n Seeing n Hearing n Speaking n Breathing n Care for oneself n Working n 3
Disability (continued) n Has a record or history of such an impairment or condition. n Is regarded as having such an impairment or condition. 4
Per Se and Excluded Disabilities under FEHA n Per Se (conditions deemed to be disabilities) n HIV/AIDS, hepatitis, epilepsy, seizure disorder, diabetes, multiple sclerosis, heart disease, clinical depression, and bipolar disorder n Statutory Exclusions n Sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or other psychoactive substance abuse disorders resulting from the current unlawful use of controlled substances or other drugs. 5
What is Reasonable Accommodation? Reasonable accommodation is a modification or adjustment: n. To the application process (i. e. examination); n. To the work environment or the circumstances under which the job is customarily performed. Which enables individuals with disabilities to enjoy equal benefits and privileges of employment 6
Types of Reasonable Accommodation n Job restructuring n Modification of work schedules n Assistive devices or equipment n Readers or interpreters n Making facilities accessible n Alternate job placement n Anything else that works 7
Defenses n Person does not need the accommodation to perform the essential functions of the job. n Person would pose a “direct threat” to the health or safety of self [not covered by ADA] or others. n Undue Hardship 8
Initiating the Interactive Process n Writing not required n No magical words (e. g. reasonable accommodation) n Applicants and employees are primarily responsible for making known their need for accommodation and providing information to justify its provision. It is not, however, legally required. 9
What Triggers the Requirement for an Interactive Process? The employer knows, reasonably should know, or learns that a reasonable accommodation may be required or requested. n No Magical words n A supervisor observes barriers to the employee’s performance. n A supervisor observes limitations in employee’s performance. 10
Which is more important? n Not to discriminate against an individual because of his/her disability is a violation of Cal. Government Code § 12940(a) n Failure to provide reasonable accommodation for disability in violation of Cal. Government Code § 12940(m) n Failure to engage in a timely, good faith, interactive process with employee in violation of Cal. Government Code § 12940(n) 11
