California's statutes and case law in respect to disability discrimination recently underwent substantive revisions, which became effective, on December 30th, 2012. The adopted regulations touch on all sections of disability law, including definitions, the interactive process, job applications, and reasonable accommodation.

The regulations send a strict warning to California employers that; the rules stated are broadly construed to protect disabled employees and job applicants from discrimination over actual disability, or physical and mental disability that is perceived to be disabling or potentially disabling.

Definitions

California disability discrimination laws state that the rules will be construed broadly and by expansive coverage in favor of employees. The Fair Employment and Housing Act ('FEHA'), stipulates that California employers should provide ''accommodation'' to employees and job applicants irrespective of whether the parties comply to engage in the interactive process. It further provides that where an employee qualifies and meets the definition of disability, the individual should not be subjected to extensive analysis.

Notably, the definition of disability may be broad, but it also protects the employer as it excludes common notions of vices and minor, temporary conditions. Hence, disability does not include ''kleptomania, compulsive gambling, psychoactive substance use disorder, sexual behavior disorder…'' and mild conditions such as ''common colds, sprains, minor cuts, bruises, gastrointestinal disorders and non-migraine headaches.''

''Assistive Animals'' in the Workplace

California's updated regulations extend the notion of "service animal" beyond federal regulations, which allow, a ''service animal'' to be either a trained dog or a miniature horse. In circumstances where a disabled employee requires reasonable accommodation of such ''service animals'', the employer has an obligation to provide this facility. The new laws provide for an ''assistive animal" to serve as ''reasonable accommodation'' for a disabled employee. The limitations provided for the ''assistive animals'' are; they should be free from offensive odors; they should be trained in appropriate habits in the work environment, and not engage in any manner that poses a danger to the safety or health of the disabled person.

This implies that, California employers should be ready to accommodate animals beyond horses and service dogs. Stories may arise of monkeys, and weird creatures. This state of affairs might impact similar accommodation requests and trends in other states. California employees need professional and experienced services of competent attorneys for meticulous interpretation of the new rules and the provision of legal representation where the need arises.

Los Angeles, CA Disability Discrimination attorneys

The Legal Office of Jacob I. Kiani is a highly skilled Employment law firm located in California. Their attorneys specialize in Employment and Disability Discrimination laws. They assist clients with professional matters pertaining to disability and discrimination rules. The firm has ample experience in representation of numerous employment and disability law cases. Their attorneys will provide valuable legal guidance on the new California rules for employers and employees alike. Employers can benefit through briefings, by the attorneys on relevant personnel policies and guidance on how to prevent disability discrimination related claims.

Reasonable Accommodation

The employer has a duty of providing ''reasonable accommodation'' to a known disabled employee unless; the employer initiates an interactive process with the employee and establishes the accommodation imposes undue hardship on his/her part. The employer should consider, but is not compelled to provide the employee with his/her preferred accommodation. The employer has a right to implement effective accommodation, necessary in helping the employee while performing essential job functions. For reasonable accommodations, which extend over a year; the employer has a right to demand medical reports to substantiate the need for continued ''reasonable accommodation'' on a yearly arrangement.

The new rules also, add ''preference'' for a disabled employee to receive consideration for reassignment to a vacant position, within the company over other employees. An exception exists that such preference, should not conflict with a ''bona fide seniority arrangement.'' Such seniority arrangement is, however, subject to factors such as, whether the employer had an arrangement to modify the system or the employer permits such variations.

The unwary employer may find himself in a trap with the above stated preference. Employers need to re-evaluate their Company's seniority system; if one is present and assess whether the system allows some variance, or qualifies as a ''bona fide''. If such a variance is permissible, then an employee can be entitled to preferential reassignment to a vacant position over non-disabled employees.

This scenario creates some serious queries from non- California employers; what if a vacancy exist in another state and the employee is willing to move? In the case of no ''bona fide'' system, should the employer offer the vacancy to a disabled non-California employee?

Interactive Process

California disability regulations, outline the sequence of notice an employer makes to commence the interactive process:

1. First the disabled employee requests for ''reasonable accommodation.''

2. The employer by observation or from a third party becomes aware of the need for accommodation.

3. The employer notices an alert for accommodation after the employee exhausts the Workers Compensation leave, or a Doctor prescribes further accommodation for recuperation measures.

An employer must initiate the interactive process when an employee is on leave for disability reasons. These regulations require the employee to furnish the employer with all medical records when a disability is not obvious.

Job Applicants

The new California rules focus on the application and interview process. It provides that an employer should not advertise an ''employment benefit'' in a manner that discourages disabled applicants compared to non-disabled ones. Non-California employers intending to recruit California employees might find themselves modifying their work rules to comply with California regulations.

In regard to the interview process, the rules prohibit against general questions on disability; instead, employers have an allowance to make limited inquiries about ''reasonable accommodation, '' when the disability is obvious or the applicant makes a request for it.

Implications for Non-California Employers

The new laws are consolidating, comprehensive and update the myriad statutes and case law concerning disability and discrimination, and since they have the force of law, they extend beyond California and apply to all employers hiring California employees. This suffices that any work related disability policy that is legal under federal laws of another state might fall under illegal laws in California. It is necessary for all employers to obtain guidance on the new regulations from experienced attorneys so that they do not contravene the revised laws.

For more information on California Disability discrimination laws, consult employment attorneys who will provide more insight and guidance related to California new regulations for disability discrimination.