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The Disability Interactive Process
This workbook will cover the full range of issues and obligations faced by employers when dealing with disabled employees.
- The ADA, the Federal Rehabilitation Act of 1973, and the California Fair Employment and Housing Act
- The ADA
- The Rehabilitation Act
- The California Fair Employment and Housing Act
- Who is Covered by Disability Laws?
- The ADA
- The FEHA
- Individual Liability
- What Discrimination is Prohibited?
- Overview of the ADA
- The FEHA
- What is a Disability Under the ADA?
- Physical or Mental Impairment Which Substantially Limits One or More Major Life Activities
- Record of Substantially Limiting Condition
- Regarded as Substantially Limited in a Major Life Activity
- Conditions or Impairments Excluded by the ADA
- Relationship or Association with an Individual with a Disability
- What is a Disability Under FEHA?
- Physical Disabilities Covered by FEHA
- Limits on One or More Major Life Activities under FEHA
- Types of Major Life Activities under FEHA
- Working as a Major Life Activity
- Being Regarded as Disabled
- Mitigating Measures Not Considered
- Past Disabilities and Potential Future Impairments
- Obesity as a Physical Disability
- Chronic or Episodic Ailments are Disabilities
- Other Conditions Excluded
- Temporary Disabilities under the FEHA
- Mental Disabilities
- Mental Impairments Under the ADA
- Mental Disabilities Covered by The FEHA
- Medical Condition Under The FEHA
- Cancer-Related Condition
- Genetic Characteristics
- Testing for Genetic Characteristics
- Medical Conditions Related to Pregnancy
- Who is a Qualified Individual with a Disability Under the ADA and the FEHA?
- Qualified Individual
- Essential Functions of the Position
- Case Examples That Analyze Essential Functions and Reasonable Accommodation
- Acquiring Information About Applicant/Employee Medical Conditions and Impairments—The Do’s and Don’ts
- The Hiring Process—What You Can and Can’t Ask Job Applicants
- What is a Conditional Offer of Employment?
- Pre-Offer Inquiries and Examinations—What You Can Ask before Making a Conditional Offer of Employment
- Physical Agility/Fitness Testing
- Drug and Alcohol Testing
- Some Don’ts
- What is a Medical Exam?
- Psychological Testing
- Genetic Information under State and Federal Law
- How to Handle the Obviously Disabled Applicant
- Post-Offer Inquiries
- Some Acceptable Medical Inquiries
- Fitness for Duty Exams
- When is a Fitness for Duty Examination Allowed?
- What Information is an Employer Entitled to Receive Following a Fitness for Duty Examination?
- Reasonable Accommodation
- Reasonable Accommodation Applies Only to Known Disabilities
- Standards for a Reasonable Accommodation
- What Types of Accommodations are Reasonable?
- The Interactive Process/Due Process
- The Steps of the Interactive Process
- EEOC Interactive Process Guidelines
- Documentation and Follow up
- Due Process Considerations (What if the Interactive Process Yields No Reasonable Accommodation?)
- Collective Bargaining and the FEHA/ADA
- Coordination of the FEHA/ADA and the Family and Medical Care Leave Act
- Keeping Track of Family and Medical Care Leave
- Coverage is Different under FEHA/ADA and FMLA/CFRA
- How Does the Department of Labor Resolve the Interaction?
- Family Care and Medical Leave under CFRA
- Coordination of Pregnancy Disability Leave under FEHA, FMLA & CFRA
- Workers’ Compensation and the FEHA/ADA—Dealing with the Interactions Between the Laws
- Overview of Legal Obligations
- Is a Worker Injured on the Job Protected by the ADA or the FEHA?
- Managing Workers’ Compensation Claims with the FEHA/ADA Interactive Process
- What Can Employers Do to Avoid Increased Workers’ Compensation Costs and Comply with the FEHA/ADA?
- What Can an Employer Do When a Worker is Injured on the Job?
- Does Filing a Workers’ Compensation Claim Prevent an Injured Worker from Filing a Charge under the FEHA/ADA?
- FEHA and Workers’ Compensation Remedies
- Disability Retirement
- When is an Employer Required to File an Application?
- Who May File an Application?
- Deadlines for Filing Application
- Who Decides Whether to Grant or Deny the Application?
- What Information is Relied on in Making the Determination?
- Appealing the Determination
- Employee Status during Disability Retirement Process
- Labor Code § 4850 Issues
- Defenses of Business Necessity and Undue Hardship
- Direct Threat to Health and Safety – ADA/FEHA
- How to Determine if There is a Threat
- Health and Safety Defense under the FEHA
- Undue Hardship Defense – ADA/FEHA
- Business Realities Defense – Workers’ Compensation
- Remedies Available Under Disability Discrimination Laws
- Title I of the ADA
- Section 504 of the Rehabilitation Act of 1973
- The FEHA
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