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County of Los Angeles Office of Affirmative Action Compliance Presents PowerPoint PPT Presentation


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County of Los Angeles Office of Affirmative Action Compliance Presents. EMPLOYMENT GUIDELINES FOR THE REASONABLE ACCOMMODATION PROCESS Dennis A. Tafoya, Director. Disability Laws. Americans with Disabilities Act (ADA)

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County of Los Angeles Office of Affirmative Action Compliance Presents

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County of los angeles office of affirmative action compliance presents

County of Los AngelesOffice of Affirmative Action CompliancePresents

EMPLOYMENT GUIDELINES

FOR THE REASONABLE

ACCOMMODATION PROCESS

Dennis A. Tafoya, Director


Disability laws

Disability Laws

  • Americans with Disabilities Act (ADA)

    • To establish clear and comprehensive prohibition of discrimination on the basis of disability.

  • Fair Employment and Housing Act (FEHA)

    • 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.

  • County Policies

    • 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 employees


Who has a disability

Who has a disability?

  • Examples of physical/mental impairment or medical condition that limits one or more major life activities, such as:

    • Walking

    • Seeing

    • Hearing

    • Speaking

    • Breathing

    • Care for oneself

    • Working


Disability continued

Disability (continued)

  • Has a record or history of such an impairment or condition.

  • Is regarded as having such an impairment or condition.


Per se and excluded disabilities under feha

Per Se and Excluded Disabilities under FEHA

  • Per Se (conditions deemed to be disabilities)

    • HIV/AIDS, hepatitis, epilepsy, seizure disorder, diabetes, multiple sclerosis, heart disease, clinical depression, and bipolar disorder

  • Statutory Exclusions

    • 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.


What is reasonable accommodation

What is Reasonable Accommodation?

Reasonable accommodation is a modification or adjustment:

  • To the application process (i.e. examination);

  • 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


Types of reasonable accommodation

Types of Reasonable Accommodation

  • Job restructuring

  • Modification of work schedules

  • Assistive devices or equipment

  • Readers or interpreters

  • Making facilities accessible

  • Alternate job placement

  • Anything else that works


Defenses

Defenses

  • Person does not need the accommodation to perform the essential functions of the job.

  • Person would pose a “direct threat” to the health or safety of self [not covered by ADA] or others.

  • Undue Hardship


Initiating the interactive process

Initiating the Interactive Process

  • Writing not required

  • No magical words (e.g. reasonable accommodation)

  • 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.


What triggers the requirement for an interactive process

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.

  • No Magical words

  • A supervisor observes barriers to the employee’s performance.

  • A supervisor observes limitations in employee’s performance.


Which is more important

Which is more important?

  • Not to discriminate against an individual because of his/her disability is a violation of Cal. Government Code §12940(a)

  • Failure to provide reasonable accommodation for disability in violation of Cal. Government Code §12940(m)

  • Failure to engage in a timely, good faith, interactive process with employee in violation of Cal. Government Code §12940(n)


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