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The Disability Interactive Process

INTENDED AUDIENCE: Public Agency
CATEGORY: Employee Disability and Injuries, Public Agency

This workbook will cover the full range of issues and obligations faced by employers when dealing with disabled employees.

Topics Include:

  • 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
    • Enforcement
  • 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
    • Introduction
    • Eligibility
    • 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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