On March 15, 2023, CalPERS issued Circular Letter 200-014-23, setting forth new requirements that contracting agencies must follow when determining whether local safety members are substantially incapacitated from performance of their usual duties for the purposes of a disability retirement. Specifically, under Circular Letter 200-014-23, agencies are now required to submit additional documentation and
2023 Legislative Session: Employment Bills to Watch
The 2023 legislative session is well underway, and a number of bills have been introduced that could significantly impact California employers if they become law.
However, we anticipate that at least some of these bills will undergo substantial amendment as they work their way through the Legislature, meaning that, if these bills pass, the new
Policies Every Agency Should Have in Their Personnel Rules
Updating personnel rules is an endless task. Laws are constantly changing, and agencies are experiencing significant operational changes now more than ever. The responsibility of ensuring that all personnel rules are up to date and reflect both the legal requirements and the operational requirements is time-consuming and daunting. However, auditing personnel rules is one of
Five Common Pitfalls in the Reasonable Accommodation Process
This article was originally published in February 2014. The information has been reviewed and is up-to-date as of August 2021.
Under the federal Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA), the employer has the duty to identify and implement a reasonable accommodation to allow a disabled employee to perform
Smell the Bouquet of Legal Issues
This post was authored by Sarah R. Lustig.
A recent case is a good reminder to employers that scent and chemical sensitivities can indeed be considered a disability subject to the protections of the Americans with Disabilities Act (ADA) and/or the Fair Employment and Housing Act (FEHA). John Barrie (Barrie) suffers from allergic sensitivities
Discontinuation of a Long-Standing Practice of Accommodating Disabled Employees through Light-Duty May Be a Violation of FEHA
This post was authored by Jennifer Rosner
In a recent decision by a California Court of Appeal, a Court held that it was not unreasonable for the City of Los Angeles to assign temporarily injured recruit officers to light-duty administrative assignments in light of the City’s past policy and practice of doing so.
Plaintiffs were
Third Annual Review of Unbelievable Employment Cases
Yes, these are real cases involving real people.
Everyone in Southern California Would Need to be Accommodated If This Were a Disability
A former employee in New Jersey sued her employer for wrongful termination after she requested an accommodation for her disability: an inability to drive in rush hour traffic due to anxiety and depression.
Three Common Pitfalls in the Reasonable Accommodation Process
The Reasonable Accommodation Process continues to be an important issue for public sector employers. Under the ADA and FEHA, the employer has the duty to identify and implement a reasonable accommodation to allow a disabled employee to perform the essential functions of the job. Over the past several years, we have seen numerous public agencies
It’s Summertime! Have You Reviewed Your Dress Code Lately?
The sun is shining and the weather is hot. This is the time of year when dress code violations creep up as employees dress for the warmer weather and tend to wear clothing that displays more skin and may be more appropriate for the beach than the workplace. This is a good time to review
Disability Related Inquiries Should Be Reviewed for ADA and GINA Compliance In Light of EEOC Informal Letters
The EEOC issued two informal discussion letters critiquing policies and forms used by unidentified public employers when making disability related inquiries of employees. Although informal discussion letters are not “official” EEOC opinions, they provide guidance on an employer’s legal obligations. In these informal letters, the EEOC reviewed the agencies’ fitness for duty exam forms and