reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 6 - Pregnancy, Childbirth or Related Medical Conditions › Section 11043 - Right to Reinstatement from Pregnancy Disability Leave

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following rules apply to reinstatement from any leave
						or transfer taken for disability because of pregnancy.
(a) Guarantee of Reinstatement. An employee
					 who exercises her right to take pregnancy disability leave is guaranteed a
					 right to return to the same position, or, if the employer is excused by section
					 11043(c)(1), to a
					 comparable position, and the employer shall provide the guarantee in writing
					 upon request of the employee. It is an unlawful employment practice for any
					 employer, after granting a requested pregnancy disability leave or transfer, to
					 refuse to honor its guarantee of reinstatement unless the refusal is justified
					 by the defenses below in subdivisions (c)(1) and (c)(2). If the employee takes
					 intermittent leave or a reduced work schedule, only one written guarantee of
					 reinstatement is required.
An employee who exercises her right to take pregnancy
						disability leave is guaranteed a right to return to the same position, or, if
						the employer is excused by section
						11043(c)(1), to a
						comparable position, and the employer shall provide the guarantee in writing
						upon request of the employee. It is an unlawful employment practice for any
						employer, after granting a requested pregnancy disability leave or transfer, to
						refuse to honor its guarantee of reinstatement unless the refusal is justified
						by the defenses below in subdivisions (c)(1) and (c)(2). If the employee takes
						intermittent leave or a reduced work schedule, only one written guarantee of
						reinstatement is required.
(b) Refusal to Reinstate
(1) Definite Date of Reinstatement. Where a
					 definite date of reinstatement has been agreed upon at the beginning of the
					 leave or transfer, a refusal to reinstate is established if the Department or
					 employee proves, by a preponderance of the evidence, that the leave or transfer
					 was granted by the employer and that the employer failed to reinstate the
					 employee to the same position or, where applicable, to a comparable position,
					 by the date agreed upon, as specified below in subdivisions (c)(1) and
					 (c)(2).
(2) Change in Date of
					 Reinstatement. If the reinstatement date differs from the employer's and the
					 employee's original agreement or if no agreement was made, the employer shall
					 reinstate the employee within two business days, or, when two business days is
					 not feasible, reinstatement shall be made as soon as it is possible for the
					 employer to expedite the employee's return, after the employee notifies the
					 employer of her readiness to return to the same, or, where applicable, a
					 comparable position, as specified below in subdivisions (c)(1) and
					 (c)(2).
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 6 - Pregnancy, Childbirth or Related Medical Conditions › Section 11044 - Terms of Pregnancy Disability Leave

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Paid Leave. An employer is not required
					 to pay an employee during pregnancy disability leave unless the employer pays
					 for other temporary disability leaves for similarly situated employees. An
					 employee may be entitled to receive state disability insurance for a period of
					 disability because of pregnancy and may contact the California Employment
					 Development Department for more information.
(b) Accrued Time Off
(1) Sick Leave. An employer may require an
					 employee to use, or an employee may elect to use, any accrued sick leave during
					 the otherwise unpaid portion of her pregnancy disability leave.
(2) Vacation Time and Other Accrued Time Off.
					 An employee may elect, at her option, to use any vacation time or other accrued
					 personal time off (including undifferentiated paid time off (PTO)) for which
					 the employee is eligible.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 6 - Pregnancy, Childbirth or Related Medical Conditions › Section 11045 - Relationship Between Pregnancy Leave and FMLA Leave

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Pregnancy Leave May Also Be a FMLA
					 Leave. If the employer is a covered employer and the employee is eligible for
					 leave under the federal Family Care and Medical Leave Act (FMLA), the employer
					 may be able to count the employee's pregnancy disability leave under this
					 article, up to a maximum of 12 weeks, against her FMLA leave
					 entitlement.
(b) FMLA Coverage. For
					 more information on rights and obligations under FMLA, consult the FMLA
					 regulations regarding family care and medical leave.
1. Change
						without regulatory effect renumbering former section
						7291.12 to new section
						11045 and amending section and NOTE
						filed 10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Amendment of section heading
						and subsection (b) filed 12-9-2015; operative 4-1-2016 (Register 2015, No.
						50).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Section
						  12945,
						  Government Code; FMLA, 29
						  U.S.C. §
														2601, et seq.; and FMLA
						  regulations, 29 C.F.R.
						  §
														825.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 6 - Pregnancy, Childbirth or Related Medical Conditions › Section 11046 - Relationship Between CFRA and Pregnancy Leaves

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Separate and Distinct Entitlements. The
					 right to take a pregnancy disability leave under Government Code section
					 12945 and
					 these regulations is separate and distinct from the right to take leave under
					 the California Family Rights Act (CFRA), Government Code sections
					 12945.1
					 and
					 12945.2.
(b) Serious Health Condition -- Pregnancy. An
					 employee's own disability due to pregnancy, childbirth, or related medical
					 conditions is not a serious health condition under CFRA.
(c) CFRA Leave after Pregnancy Disability
					 Leave. At the end of the employee's period(s) of pregnancy disability, or at
					 the end of four months of pregnancy disability leave, whichever occurs first, a
					 CFRA-eligible employee may request to take CFRA leave of up to 12 workweeks for
					 reason of the birth of her child, if the child has been born by this date.
(1) There is no requirement that either the
					 employee or child have a serious health condition in order for the employee to
					 take CFRA leave for the birth of her child. There is also no requirement that
					 the employee no longer be disabled by her pregnancy before taking CFRA leave
					 for the birth of her child.
(2)
					 Where an employee has utilized four months of pregnancy disability leave prior
					 to the birth of her child, and her health care provider determines that a
					 continuation of the leave is medically necessary, an employer may, as a
					 reasonable accommodation, allow the employee to utilize CFRA leave prior to the
					 birth of her child. No employer shall, however, be required to provide more
					 CFRA leave than the amount to which the employee is otherwise entitled under
					 CFRA.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 6 - Pregnancy, Childbirth or Related Medical Conditions › Section 11047 - Relationship Between Pregnancy Disability Leave and Leave of Absence as Reasonable Accommodation for Physical or Mental Disability - Separate and Distinct Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The right to take pregnancy disability leave under
						Government Code section
						12945 and
						these regulations is separate and distinct from the right to take a leave of
						absence as a form of reasonable accommodation under Government Code section
						12940. At
						the end or depletion of an employee's pregnancy disability leave, an employee
						who has a physical or mental disability (which may or may not be due to
						pregnancy, childbirth, or related medical conditions) may be entitled to
						reasonable accommodation under Government Code section
						12940.
						Entitlement to leave under section
						12940 must be determined on a
						case-by case basis, using the standards provided in the disability
						discrimination provisions article 9) of these regulations, and is not
						diminished by the employee's exercise of her right to pregnancy disability
						leave.
1. Change
						without regulatory effect renumbering former section
						7291.14 to new section
						11047 and amending section and NOTE
						filed 10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Amendment of section heading
						filed 12-9-2015; operative 4-1-2016 (Register 2015, No.
						50).
Note: Authority cited: Sections
						  12935(a),
						  Government Code. Reference: Sections
						  12926,
						  12940 and
						  12945,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 6 - Pregnancy, Childbirth or Related Medical Conditions › Section 11049 - Employer Notice to Employees of Rights and Obligations for Reasonable Accommodation, to Transfer and to Take Pregnancy Disability Leave

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Employers to
					 Provide Reasonable Advance Notice Advising Employees Affected by Pregnancy of
					 Their FEHA Rights and Obligations. An employer shall give its employees
					 reasonable advance notice of employees' FEHA rights and obligations regarding
					 pregnancy, childbirth, or related medical conditions as set forth at section
					 11049(e) and as
					 contained in the Notice as set forth at section
					 11051(a), or its
					 equivalent.
(b) Content of
					 Employer's Reasonable Advance Notice. An employer shall provide its employees
					 with information about:
(1) an employee's
					 right to request reasonable accommodation, transfer, or pregnancy disability
					 leave;
(2) employees' notice
					 obligations, as set forth in section
					 11050, to provide adequate advance
					 notice to the employer of the need for reasonable accommodation, transfer or
					 pregnancy disability leave; and
(3)
					 the employer's requirement, if any, for the employee to provide medical
					 certification to establish the medical advisability for reasonable
					 accommodation, transfer, or pregnancy disability leave, as set forth in section
					 11050(b).
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 7 - Marital Status Discrimination › Section 11052 - General Prohibition Against Discrimination on the Basis of Marital Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Statutory Source. These regulations are adopted by the Civil Rights Council
					 pursuant to Section
					 12940 of
					 the Government Code.
(b) Statement
					 of Purpose. The purpose of the law prohibiting marital status discrimination is
					 to make it unlawful for an employer or other covered entity to deny or grant
					 employment benefits for the reason that an applicant or employee is either
					 married or unmarried.
(c)
					 Incorporation of General Regulations. These regulations pertaining to
					 discrimination on the basis of marital status incorporate each of the
					 provisions of Articles 1 and 2 of Subchapter 2, unless a provision is
					 specifically excluded or modified.
1. Change
						without regulatory effect renumbering former subchapter 7 (sections
						7292.0-7292.6) to new article 7
						(sections 11052-11058), renumbering former
						section 7292.0 to new section
						11052 and amending section and NOTE
						filed 10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Change without regulatory
						effect amending subsection (a) filed 3-20-2023 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2023, No. 12).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921 and
						  12940,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 7 - Marital Status Discrimination › Section 11053 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Marital
					 Status." An individual's state of marriage, non-marriage, divorce or
					 dissolution, separation, widowhood, annulment, or other marital
					 state.
(b) "Spouse." A partner in
					 marriage as defined in Family Code section
					 300.
1. Change
						without regulatory effect renumbering former section
						7292.1 to new section
						11053 and amending section and NOTE
						filed 10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921 and
						  12940,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 7 - Marital Status Discrimination › Section 11054 - Establishing Marital Status Discrimination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Marital status discrimination may be established by
						showing that an applicant or employee has been denied an employment benefit by
						reason of:
(a) The fact that the
					 applicant or employee is not married;
(b) An applicant's or employee's single or
					 married status, or
(c) The
					 employment or lack of employment of an applicant's or employee's
					 spouse.
1. Change
						without regulatory effect renumbering former section
						7292.2 to new section
						11054 and amending section and NOTE
						filed 10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921 and
						  12940,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 7 - Marital Status Discrimination › Section 11055 - Defenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any defense permissible under Article 1 of Subchapter 2
						is applicable to this article, in addition to any other defense provided
						herein.
1. Change
						without regulatory effect renumbering former section
						7292.3 to new section
						11055 and amending section and NOTE
						filed 10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921 and
						  12940,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 7 - Marital Status Discrimination › Section 11056 - Pre-Employment Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Impermissible Inquiries. It is unlawful
					 to ask an applicant to disclose his or her marital status as part of a
					 pre-employment inquiry unless pursuant to a permissible defense.
(b) Request for Names. For business reasons
					 other than ascertaining marital status, an applicant may be asked whether he or
					 she has ever used another name, e.g., to enable an employer or other covered
					 entity to check the applicant's past work record.
(c) Employment of Spouse. It is lawful to ask
					 an applicant to state whether he or she has a spouse who is presently employed
					 by the employer, but this information may not be used as a basis for an
					 employment decision except as stated below.
1. Change
						without regulatory effect renumbering former section
						7292.4 to new section
						11056 and amending NOTE filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921 and
						  12940,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 7 - Marital Status Discrimination › Section 11057 - Employee Selection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Employment of Spouse. An employment
					 decision shall not be based on whether an individual has a spouse presently
					 employed by the employer except in accordance with the following criteria:
(1) For business reasons of supervision,
					 safety, security or morale, an employer may refuse to place one spouse under
					 the direct supervision of the other spouse.
(2) For business reasons of supervision,
					 security or morale, an employer may refuse to place both spouses in the same
					 department, division or facility if the work involves potential conflicts of
					 interest or other hazards greater for married couples than for other
					 persons.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 7 - Marital Status Discrimination › Section 11058 - Terms, Conditions and Privileges of Employment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Fringe Benefits.
(1) The availability of benefits to any
					 employee shall not be based on the employee's marital status. However:
(A) Bona fide fringe benefit plans or
					 programs may provide benefits to an employee's spouse or dependents;
(B) Such bona fide fringe benefit plans or
					 programs may decline to provide benefits to any individual who is not one of
					 the following: an employee of the employer, a spouse of an employee of the
					 employer, or a dependent of an employee of the employer.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 8 - Religious Creed Discrimination › Section 11059 - General Prohibition Against Religious Creed Discrimination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Statutory
					 Source. These regulations concerning religious discrimination are adopted by
					 the Council pursuant to section
					 12940 of
					 the Government Code.
(b) Statement
					 of Purpose. The freedom to worship as one believes is a basic human right. To
					 that end, the accommodation of religious pluralism is an important and
					 necessary part of our society. Questions of religious discrimination and
					 accommodation to the varied religious practices of the people of the State of
					 California often arise in complex and emotionally charged situations;
					 therefore, each case must be reviewed on an individual basis to best balance
					 often contradictory social needs.
(c) Incorporation of General Regulations.
					 These regulations incorporate all of the provisions of Articles 1 and 2 of
					 Subchapter 2, unless specifically excluded or modified.
(d) The Act's prohibition against religious
					 discrimination and duty to provide reasonable accommodations for religious
					 observances and dress and grooming practices applies to individuals serving in
					 apprenticeship programs, unpaid internships, and any other program to provide
					 unpaid experience for a person in the workplace or industry, in addition to
					 employees, applicants, and others covered by section
					 12940 (
l
) of the
					 Act.
1. Change
						without regulatory effect renumbering former subchapter 8 (sections
						7293.0-7293.4) to new article 8
						(sections 11059-11063), renumbering former
						section 7293.0 to new section
						11059 and amending section filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Amendment of section heading
						and subsection (b), new subsection (d) and new NOTE filed 12-9-2015; operative
						4-1-2016 (Register 2015, No. 50).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921 and
						  12940,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 8 - Religious Creed Discrimination › Section 11060 - Establishing Religious Creed Discrimination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Religious creed" includes any traditionally recognized
						religion as well as beliefs, observances, or practices, which an individual
						sincerely holds and which occupy in his or her life a place of importance
						parallel to that of traditionally recognized religions. It encompasses all
						aspects of religious belief, observance, and practice, including religious
						dress and grooming practices, as defined by Government Code section
						12926.
						Religious creed discrimination may be established by showing:
(a) Employment benefits have been denied, in
					 whole or in part, because of an applicant's or employee's religious creed or
					 lack of religious creed.
(b) The
					 employer or other covered entity has failed to reasonably accommodate the
					 applicant's or employee's religious creed despite being informed by the
					 applicant or employee or otherwise having become aware of the need for
					 reasonable accommodation.
(c)
					 Religious creed is a protected category under the Act, and the examples of
					 unlawful conduct provided in this section are non-exclusive.
1. Change
						without regulatory effect renumbering former section
						7293.1 to new section
						11060 and amending section and NOTE
						filed 10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Amendment of first paragraph
						and new subsection (c) filed 12-9-2015; operative 4-1-2016 (Register 2015, No.
						50).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921 and
						  12940,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 8 - Religious Creed Discrimination › Section 11061 - Defenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any permissible defense set forth in Article 1 of this
						Subchapter shall be applicable to this Article.
1. Change
						without regulatory effect renumbering former section
						7293.2 to new section
						11061 and amending section and NOTE
						filed 10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921 and
						  12940,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 8 - Religious Creed Discrimination › Section 11062 - Reasonable Accommodation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An employer or other covered entity shall make
						accommodation to the known religious creed of an applicant or employee unless
						the employer or other covered entity can demonstrate that the accommodation is
						unreasonable because it would impose an undue hardship. Refusing to hire an
						applicant or terminating an employee in order to avoid the need to accommodate
						a religious practice constitutes religious creed discrimination.
(a) A reasonable accommodation is one that
					 eliminates the conflict between the religious practice and the job requirement
					 and may include, but is not limited to, job restructuring, job reassignment,
					 modification of work practices, or allowing time off in an amount equal to the
					 amount of non-regularly scheduled time the employee has worked in order to
					 avoid a conflict with his or her religious observances. Unless expressly
					 requested by an employee, an accommodation is not reasonable if it requires
					 segregation of an employee from customers or the general public.
(b) In determining whether a reasonable
					 accommodation would impose an undue hardship on the operations of an employer
					 or other covered entity, factors to be considered include, but are not limited
					 to:
(1) The size of the relevant
					 establishment or facility with respect to the number of employees, the size of
					 budget, and other such matters;
(2)
					 The overall size of the employer or other covered entity with respect to the
					 number of employees, number and type of facilities, and size of
					 budget;
(3) The type of the
					 establishment's or facility's operation, including the composition and
					 structure of the workforce or membership;
(4) The type of the employer's or other
					 covered entity's operation, including the composition and structure of the
					 workforce or membership;
(5) The
					 nature and cost of the accommodation involved;
(6) Reasonable notice to the employer or
					 other covered entity of the need for accommodation; and
(7) Any available reasonable alternative
					 means of accommodation.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 8 - Religious Creed Discrimination › Section 11063 - Pre-Employment Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pre-employment inquiries regarding an applicant's
						availability for work on weekends or evenings shall not be used to ascertain
						their religious creed, nor shall such inquiry be used to evade the requirement
						of reasonable accommodation. However, inquiries as to the availability for work
						on weekends or evenings are permissible where reasonably related to the normal
						business requirements of the job in question and in compliance with section
						11016 of these
						regulations.
1. Change
						without regulatory effect renumbering former section
						7293.4 to new section
						11063 and amending NOTE filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Amendment filed 4-14-2020;
						operative 7-1-2020 (Register 2020, No. 16).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921 and
						  12940,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 9 - Disability Discrimination › Section 11065 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this article, the following definitions
						apply:
(a) "Assistive animal" means an
					 animal that is necessary as a reasonable accommodation for a person with a
					 disability.
(1) Specific examples include, but
					 are not limited to:
(A) "Guide dog," as
					 defined at Civil Code section
					 54.1, trained
					 to guide a blind or visually impaired person.
(B) "Signal dog," as defined at Civil Code
					 section
					 54.1, or other
					 animal trained to alert a deaf or hearing impaired person to sounds.
(C) "Service dog," as defined at Civil Code
					 section
					 54.1, or other
					 animal individually trained to the requirements of a person with a
					 disability.
(D) "Support dog" or
					 other animal that provides emotional, cognitive, or other similar support to a
					 person with a disability, including, but not limited to, traumatic brain
					 injuries or mental disabilities, such as major depression.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 9 - Disability Discrimination › Section 11066 - Establishing Disability Discrimination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An applicant or employee has the burden
					 of proof to establish that the applicant or employee is a qualified individual
					 capable of performing the essential functions of the job with or without
					 reasonable accommodation. A description of how discrimination is established is
					 provided in the regulations at section
					 11009(c).
1. Change
						without regulatory effect renumbering former section
						7293.7 to new section
						11066 and amending section filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Amendment of subsection (a),
						repealer of subsection (b) and amendment of NOTE filed 12-9-2015; operative
						4-1-2016 (Register 2015, No. 50).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921,
						  12926,
						  12926.1
						  and
						  12940,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 9 - Disability Discrimination › Section 11067 - Defenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to
					 any other defense provided in these disability regulations, any defense
					 permissible under Article 1 of Subchapter 2, at California Code of Regulations,
					 title 2, section
					 11010, shall be applicable to this
					 article.
(b) Health or Safety of an
					 Individual with a Disability. It is a permissible defense for an employer or
					 other covered entity to demonstrate that, after engaging in the interactive
					 process, there is no reasonable accommodation that would allow the applicant or
					 employee to perform the essential functions of the position in question in a
					 manner that would not endanger his or her health or safety because the job
					 imposes an imminent and substantial degree of risk to the applicant or
					 employee.
(c) Health and Safety of
					 Others. It is a permissible defense for an employer or other covered entity to
					 demonstrate that, after engaging in the interactive process, there is no
					 reasonable accommodation that would allow the applicant or employee to perform
					 the essential functions of the position in question in a manner that would not
					 endanger the health or safety of others because the job imposes an imminent and
					 substantial degree of risk to others.
(d) Future Risk. However, it is no defense to
					 assert that an individual with a disability has a condition or a disease with a
					 future risk, so long as the condition or disease does not presently interfere
					 with his or her ability to perform the job in a manner that will not endanger
					 the individual with a disability or others.
(e) Factors to be considered when determining
					 the merits of the defenses enumerated in section
					 11067(b)-(d)
					 include, but are not limited to:
(1) the
					 duration of the risk;
(2) the
					 nature and severity of the potential harm;
(3) the likelihood that potential harm will
					 occur;
(4) the imminence of the
					 potential harm; and
(5)
					 consideration of relevant information about an employee's past work history.
The analysis of these factors should be based on a
						reasonable medical judgment that relies on the most current medical knowledge
						and/or on the best available objective evidence.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 9 - Disability Discrimination › Section 11068 - Reasonable Accommodation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Affirmative Duty. An employer or other
					 covered entity has an affirmative duty to make reasonable accommodation(s) for
					 the disability of any individual applicant or employee if the employer or other
					 covered entity knows of the disability, unless the employer or other covered
					 entity can demonstrate, after engaging in the interactive process, that the
					 accommodation would impose an undue hardship.
(b) No elimination of essential job function
					 required. Where a quality or quantity standard is an essential job function, an
					 employer or other covered entity is not required to lower such a standard as an
					 accommodation, but may need to accommodate an employee with a disability to
					 enable him or her to meet its standards for quality and quantity.
(c) Paid or unpaid leaves of absence. When
					 the employee cannot presently perform the essential functions of the job, or
					 otherwise needs time away from the job for treatment and recovery, holding a
					 job open for an employee on a leave of absence or extending a leave provided by
					 the CFRA, the FMLA, other leave laws, or an employer's leave plan may be a
					 reasonable accommodation provided that the leave is likely to be effective in
					 allowing the employee to return to work at the end of the leave, with or
					 without further reasonable accommodation, and does not create an undue hardship
					 for the employer. When an employee can work with a reasonable accommodation
					 other than a leave of absence, an employer may not require that the employee
					 take a leave of absence. An employer, however, is not required to provide an
					 indefinite leave of absence as a reasonable accommodation.
(d) Reassignment to a vacant position.
(1) As a reasonable accommodation, an
					 employer or other covered entity shall ascertain through the interactive
					 process suitable alternate, vacant positions and offer an employee such
					 positions, for which the employee is qualified, under the following
					 circumstances:
(A) if the employee can no
					 longer perform the essential functions of his or her own position even with
					 accommodation; or
(B) if
					 accommodation of the essential functions of an employee's own position creates
					 an undue hardship; or
(C) if both
					 the employer and the employee agree that a reassignment is preferable to being
					 provided an accommodation in the present position; or
(D) if an employee requests reassignment to
					 gain access to medical treatment for his or her disabling condition(s) not
					 easily accessible at the current location.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 9 - Disability Discrimination › Section 11069 - Interactive Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Interactive Process. When needed to identify or implement an effective,
					 reasonable accommodation for an employee or applicant with a disability, the
					 FEHA requires a timely, good faith, interactive process between an employer or
					 other covered entity and an applicant, employee, or the individual's
					 representative, with a known physical or mental disability or medical
					 condition. Both the employer or other covered entity and the applicant,
					 employee or the individual's representative shall exchange essential
					 information identified below without delay or obstruction of the
					 process.
(b) Notice. An employer or
					 other covered entity shall initiate an interactive process when:
(1) an applicant or employee with a known
					 physical or mental disability or medical condition requests reasonable
					 accommodations, or
(2) the employer
					 or other covered entity otherwise becomes aware of the need for an
					 accommodation through a third party or by observation, or
(3) the employer or other covered entity
					 becomes aware of the possible need for an accommodation because the employee
					 with a disability has exhausted leave under the California Workers'
					 Compensation Act, for the employee's own serious health condition under the
					 CFRA and/or the FMLA, or other federal, state, employer or other covered entity
					 leave provisions and yet the employee or the employee's health care provider
					 indicates that further accommodation is still necessary for recuperative leave
					 or other accommodation for the employee to perform the essential functions of
					 the job. An employer's or other covered entity's offer to engage in the
					 interactive process in response to a request for such leave does not violate
					 California Code of Regulations, title 2, section
					 11091(b)(1) &
					 (b)(2)(A)1., prohibiting inquiry into the medical information underlying the
					 need for medical leave other than certification that it is a "serious medical
					 condition."
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 9 - Disability Discrimination › Section 11070 - Pre-Employment Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Recruitment and Advertising.
(1) Employers and other covered entities
					 engaged in recruiting activities shall consider applicants with or without
					 disabilities or perceived disabilities on an equal basis for all jobs, unless
					 pursuant to a permissible defense.
(2) It is unlawful to advertise or publicize
					 an employment benefit in any way that discourages or is designed to discourage
					 applicants with disabilities from applying to a greater extent than individuals
					 without disabilities.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 9 - Disability Discrimination › Section 11071 - Medical and Psychological Examinations and Inquiries

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pre-offer. It is unlawful for an employer
					 or other covered entity to conduct a medical or psychological examination or
					 inquiries of an applicant before an offer of employment is extended to that
					 applicant. A medical or psychological examination includes a procedure or test
					 that seeks information about an individual's physical or mental conditions or
					 health but does not include testing for current illegal drug use.
(b) Post-Offer. An employer or other covered
					 entity may condition a bona fide offer of employment on the results of a
					 medical or psychological examination or inquiries conducted prior to the
					 employee's entrance on duty in order to determine fitness for the job in
					 question. For a job offer to be bona fide, an employer must have either
					 completed all non-medical components of its application process or be able to
					 demonstrate that it could not reasonably have done so before issuing the offer,
					 provided that:
(1) All entering employees in
					 similar positions are subjected to such an examination.
(2) Where the results of such medical or
					 psychological examination would result in disqualification, an applicant or
					 employee may submit independent medical opinions for consideration before a
					 final determination on disqualification is made.
(3) The results are to be maintained on
					 separate forms and shall be accorded confidentiality as medical
					 records.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 9 - Disability Discrimination › Section 11073 - Terms, Conditions and Privileges of Employment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Fringe Benefits. It shall be unlawful to
					 condition any employment decision regarding an applicant or employee with a
					 disability upon the waiver of any fringe benefit.
1. Change
						without regulatory effect renumbering former section
						7294.4 to new section
						11073 filed 10-3-2013 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2013, No. 40).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921,
						  12926,
						  12926.1
						  and
						  12940,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 10 - Age Discrimination › Section 11074 - General Prohibition Against Discrimination on the Basis of Age over the Age of Forty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Statement of Purpose. The purpose of the law prohibiting age discrimination in
					 employment is to guarantee all protected individuals 40 or over employment
					 opportunities commensurate with their abilities. These regulations are
					 promulgated to assure that employment opportunities for those protected persons
					 over the age of 40 are based upon their abilities and are not conditioned upon
					 age-based stereotypes and unsupported generalizations about their
					 qualifications or job performance. In addition, these regulations are
					 promulgated to clarify when the use of mandatory retirement programs that are
					 based upon age over the age of 40 is unlawful.
(b) Incorporation of General Regulations.
					 These regulations pertaining to discrimination on the basis of age incorporate
					 each of the provisions of Articles 1 and 2 of Subchapter 2, unless a provision
					 is specifically excluded or modified.
1. Change
						without regulatory effect renumbering former subchapter 11 (sections
						7295.0-7296.2) to new article 10
						(sections 11074-11086), renumbering former
						section 7295.0 to new section
						11074 and amending section filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12940,
						  12941 and
						  12942,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 10 - Age Discrimination › Section 11075 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this article the following definitions of
						terms apply, unless the context in which they are used indicates
						otherwise:
(a) "Age-based stereotype"
					 refers to generalized opinions about matters including the qualifications, job
					 performance, health, work habits, and productivity of individuals age 40 and
					 older.
(b) "Basis of age" refers to
					 age 40 and older.
(c) "Collective
					 bargaining agreement" refers to any collective bargaining agreement between an
					 employer and a labor organization that is in writing.
(d) "Employer" refers to all employers,
					 public and private, as defined in Government Code Section
					 12926.
(e) "Employment benefit" refers to employment
					 benefit as defined in section
					 11008(g). It also
					 includes a workplace free of harassment as defined in section
					 11019(b) of
					 Subchapter 2.
(f) "Normal
					 retirement date or NRD" refers to one of the following dates:
(1) for employees participating in a private
					 employee pension plan regulated under the federal Employee Retirement Income
					 Security Act of 1974, the NRD refers to the time a plan participant reaches
					 normal retirement age under the plan or refers to the later of either the time
					 a plan participant reaches 65 or the 10th anniversary of the time a plan
					 participant commenced participation in the plan;
(2) for employees not described under (1)
					 whose employers have a written retirement policy or whose employers are parties
					 to a collective bargaining agreement that specifies retirement practices, the
					 NRD refers to the normal retirement time or age specified in such a policy or
					 agreement; or
(3) for employees not
					 described under either (1) or (2) the NRD refers to the last calendar day of
					 the month in which an employee reaches his or her 70th
					 birthday.