Transcript County of Los Angeles Office of Affirmative Action Compliance Presents

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)

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 2
employees
Who has a disability?
 Examples of physical/mental impairment or
medical condition that limits one or more
major life activities, such as:


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Walking
Seeing
Hearing
Speaking
Breathing
Care for oneself
Working
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Disability (continued)
 Has a record or history of such an impairment
or condition.
 Is regarded as having such an impairment or
condition.
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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.
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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
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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
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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
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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.
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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.
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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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