Cal. Code Regs. Tit. 2, § 11064 - General Prohibitions Against Discrimination on the Basis of Disability

Current through Register 2022 Notice Reg. No. 14, April 8, 2022

(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 Fair Employment and Housing 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.


Cal. Code Regs. Tit. 2, § 11064

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12926.1 and 12940, Government Code.

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).

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