Changes to California Assembly Bill 2222

AB 2222 amends Section 12926 of the California Government Code

SEC. 6. Section 12926.1

(e) The Legislature affirms the importance of the interactive process between the applicant or employee and the employer in determining a reasonable accommodation, as its requirement has been articulated by the Equal Employment Opportunity Commission in its interpretive guidance of the Americans with Disabilities Act of 1990.

SEC. 7. Section 12940 of the Government Code is amended to read: It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States of the State of California:

...(n) for an employer or other entity covered by this part to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition.

In a recent Ninth Circuit Court of Appeals case (Barnett v. U.S. Air, Inc.) the court held that a four-step process must be followed to meet one's obligation to engage in an interactive process:

1. Analyze the particular job involved and determine its purpose and essential functions.
2. Consult with the individual to ascertain the precise job related limitations imposed by the individual's disability and how those limitations could be overcome with a reasonable accommodation.
3. In consultation with the individual to be accommodated, identify potential accommodations and assess the effectiveness each would have in enabling the individual to perform the essential functions of the position.
4. Consider the preference of the individual to be accommodated and select and implement the accommodation that is most appropriate for both the employee and the employer.

There are many Resources available to help you and you management to comply with the law and engage in this interactive process. The Job Accommodation Network (JAN) is a respected resource with a wealth of information. Their web site is at http://www.janweb.icdi.wvu.edu . For any request for accommodations with respect to medical restrictions, contact: Vocational Rehabilitation Services, Willard Imai at x4-6051