Legal Rights of Persons With Disabilities - Ossh.com

during the interview process, employers may be required to provide interpreters for individuals with
hearing impairments or provide rooms which are accessible to wheelchairs. Employers may not ask general
questions about an applicant's physical or mental condition. Specific questions about an applicant's present
physical or mental fitness, medical condition, physical condition or medical history are permissible only if
they are directly related to the job in question. An employer may only make an inquiry or conduct an
examination after an offer of employment has been made, provided that it is job-related and consistent with
business necessity, and that all entering employees in similar positions are subjected to the same inquiry or
exam. An individual who would be disqualified from employment as a result of a physical exam must be
allowed to submit independent medical opinions for consideration before a final determination is made.
The exam results are confidential; however, supervisors may be informed of restrictions on or
accommodations with respect to an individual's duties, and first aid and safety personnel may be informed
of the condition if the condition may require emergency treatment. (Gov. Code, ' 12940, subds. (d), (e),
and (f); Cal. Code Regs., tit. 2, ' 7294.0.)
Employers may not use testing criteria which discriminate, unless the criteria are job-related and
no alternative testing method is available. The employer must ensure that test results accurately reflect the
applicant's job skills or aptitude for the job, rather than merely reflecting the applicant's disability. Tests of
physical agility or strength cannot be used, unless those physical skills are precisely what the test is
designed to measure. To accomplish this, the employer must reasonably accommodate the applicant's
disability during pre-employment testing, such as by making the site physically accessible. Other forms of
accommodations may include providing readers and interpreters, allowing more time for test-taking, and
administering alternate tests or individualized assessments. (Cal. Code Regs., tit. 2, ' 7294.1.)
F. Complaint Procedures
If you believe that you have been discriminated against, you may file a complaint with the
Department of Fair Employment and Housing (DFEH) within one year of the occurrence of the alleged
discriminatory act. If you did not learn of the act of discrimination until after a year had passed, the period
for filing may be extended up to 90 days. After the complaint is filed, two avenues of relief are available.
The DFEH may attempt to resolve the matter through conciliation and, if necessary, an administrative
hearing before the Fair Employment and Housing Commission (FEHC). (Gov. Code,
'' 12963.7, subd. (a), and 12965.) Alternatively, the DFEH may issue a "right to sue letter" which allows
you to file a lawsuit against the employer directly in court. (Gov. Code, ' 12965.) However, you must file
with the DFEH and receive a right-to-sue letter before a court will hear your case.
G. Miscellaneous California Employment Discrimination Laws
In addition to the FEHA, there are a number of other California laws that protect disabled
employees. State agencies must make reasonable accommodations for an otherwise qualified individual's
physical or mental limitations, unless such accommodations would impose a hardship on the agency's
operations. (Gov. Code, ' 19230 et seq.) Also, any program or activity funded by the state must not
discriminate against persons with disabilities. (Gov. Code, ' 11135 et seq.) Other anti-discrimination
statutes provide that:
$ No otherwise qualified person may be denied the right to receive a teaching credential, training, or
to engage in practice teaching, on the grounds that the person is an individual with a disability.
(Educ. Code, '' 44337 and 44338.)
$ No person may be denied state employment because of blindness or color blindness, unless normal
eyesight is absolutely necessary for the job. (Gov. Code, ' 19701.)
3