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 11064 - General Prohibitions Against Discrimination on the Basis of Disability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Statutory
					 Source. These regulations are adopted by the Council pursuant to sections
					 12926,
					 12926.1
					 and
					 12940 of
					 the Government Code.
(b) Statement
					 of Purpose. The Civil Rights Council is committed to ensuring each individual
					 employment opportunities commensurate with his or her abilities. These
					 regulations are designed to ensure discrimination-free access to employment
					 opportunities notwithstanding any individual's actual or perceived disability
					 or medical condition; to preserve a valuable pool of experienced, skilled
					 employees; and to strengthen our economy by keeping people working who would
					 otherwise require public assistance. These regulations are to be broadly
					 construed to protect applicants and employees from discrimination due to an
					 actual or perceived physical or mental disability or medical condition that is
					 disabling, potentially disabling or perceived to be disabling or potentially
					 disabling. The definition of disability in these regulations shall be construed
					 broadly in favor of expansive coverage to the maximum extent permitted by the
					 terms of the Fair Employment and Housing Act (FEHA). As with the Americans with
					 Disabilities Act of 1990 (ADA), as amended by the ADA Amendment Act of 2008,
					 the primary focus in cases brought under the FEHA should be whether employers
					 and other covered entities have provided reasonable accommodation to applicants
					 and employees with disabilities, whether all parties have complied with their
					 obligations to engage in the interactive process and whether discrimination has
					 occurred, not whether the individual meets the definition of disability, which
					 should not require extensive analysis. Further, the interactive process
					 requires an individualized assessment of both the job at issue and the specific
					 physical or mental limitations of the individual that are directly related to
					 the need for reasonable accommodation.
(c) Incorporation of General Regulations.
					 These regulations governing discrimination on the basis of disability
					 incorporate each of the provisions of Articles 1 and 2 of Subchapter 2, unless
					 specifically excluded or modified.
1. Change
						without regulatory effect renumbering former subchapter 9 (sections
						7293.5-7294.4) to new article 9
						(sections 11064-11073), renumbering former
						section 7293.5 to new section
						11064 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) filed 12-9-2015; operative 4-1-2016 (Register 2015, No.
						50).
3. Change without regulatory effect amending subsection (b)
						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,
						  12926,
						  12926.1
						  and
						  12940,
						  Government Code.