County of Los Angeles Office of Affirmative Action Compliance Presents

1
County of Los AngelesOffice of Affirmative
Action CompliancePresents

• EMPLOYMENT GUIDELINES
• FOR THE REASONABLE
• ACCOMMODATION PROCESS
• Dennis A. Tafoya, Director

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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 individuals
  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

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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

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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 employees
  performance.
• A supervisor observes limitations in employees
  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)