1. Corrective Action Plan Overview Chief Executive Office Risk Management Branch Inspector General Office

2. What are Corrective Action Plans? • The types of liability losses that impact the County are complex: • Medical malpractice • Automobile liability • General liability (slips and falls, dangerous road condition) • Law enforcement-related events (civil rights violations, use of force) • Employment practices (discrimination, harassment, failure to accommodate)

3. What are Corrective Action Plans? • Corrective Action Plans (CAPs) are required for settlements in excess of $100,000 and Summary Corrective Action Plans (SCAPs) are required for settlements in excess of $20,000 • CAP/SCAP Elements: • Identifying the problem; • Researching/analyzing the problem’s root causes (why it happened); • Developing a plan to correct the problem and prevent recurrence; • Executing the plan and monitoring for effectiveness; • Communicating “lessons learned” throughout the County.

4. How Do CAPs Relate To Return-To-Work Issues? • An employment practices liability can be created by failure to timely: • Engage in the interactive process; • Reasonably accommodate an employee’s medical • Restrictions on a temporary or permanent basis; • Furnish equipment as part of a reasonable accommodation. • And also by: • Not thoroughly documenting the above actions.

5. Recent Cases • Case 1 Allegations: • Employee claimed retaliation; racial discrimination, failure to accommodate. • Findings related to failure to accommodate: • Department acquired voice-activated software, but did not install it for 4 months. • Settlement: • $275,000

6. Recent Cases • Case 2 Allegations: • Employee had various non-industrial medical conditions requiring clearance before returning to work. Over a 4 year period there were various requests for medical clearance, interactive process meetings and ergonomic accommodations.

7. Recent Cases • Findings related to failure to accommodate: • Department repeatedly failed to respond to requests for or to initiate the interactive process; • Department repeatedly failed to follow OHP’s recommendations regarding medical clearance and medical separation; • Department failed to provide ergonomic equipment despite documented requests; • Settlement: • $130,000

8. What can you do? • Continue your excellent efforts • Utilize CEO Return-To-Work Resources • Mind your timelines • Document

9. Questions? Leo Costantino Risk Management Inspector General Chief Executive Office Risk Management Branch 213-351-5357 Icostantino@ceo.lacounty.gov rmig@ceo.lacounty.gov