Spring 2013-1- New Disability Regulations

Download This Issue in .pdf Format New California Disability Regulations The Fair Employment and Housing Commission (before being dissolved and replaced with the Fair Employment and Housing Council) issued new regulations with regard to disability discrimination.  [Employers with 5 or more employees are subject to California disability discrimination law.]  Generally these regulations incorporate existing statutory and case law changes.  The new regulations reflect the expansion of disability discrimination law to cover almost all medical conditions and to require the employer to actively engage in the interactive process. Generally, only very mild conditions (such as colds, common flu or non-migraine headaches) are excluded from the definition of disability.  “Essential job functions” are very limited.  A job function may be essential because the reason the position exists is to perform that function; there are a limited number of employees available among whom the performance of that job function can be distributed; or the ... Read More