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California’s former Fair Employment and Housing Commission adopted new disability regulations that are in effect as of January 1, 2013. These regulations directly impact workers’ compensation cases by requiring that an employer initiate an interactive process if “an employer or other covered entity becomes aware of the possible need for an accommodation because the employee has exhausted leave under the California Workers’ Compensation Act…” in addition to imposing significant other new obligations on employers related to employees suffering from a work related or non- work related injury/disability.

Floyd, Skeren and Kelly is pleased to announce its 3rd Annual Employment Law Conference, to be held on May 9, 2013 at the Disneyland Hotel, which will feature as keynote speaker, Phyllis Cheng, Director of the California Department of Fair Employment and Housing (DFEH). Ms. Cheng, will review these important new disability regulations including the following key points:

  • A Review of the Expanded Definition of a Disability
  • Examples of Qualifying Physical and Mental Disabilities
  • Clarification on Who is a “Qualified” Individual with a Disability?
  • Heightened Emphasis on Engaging in Interactive Process
  • Clarification on Employer Interactive Process Obligations
  • New Interactive Process Requirements in Work Comp Cases
  • New Reasonable Accommodation Guidelines and Examples
  • Transfer to an Alternative/Vacant Position as an Accommodation
  • New Obligations Related to Job Descriptions
  • New Procedures Related to Medical Certifications
  • Medical Leave of Absence Obligations
  • Termination Issues Related to Disabled Employees

The conference will also include a presentation on the expansive new pregnancy disability regulations, also in effect as of January 2013, in addition to a workers’ compensation case law and legislative update; guidance for employers on avoiding employment related lawsuits; an OSHA update; and, the latest information on social media in the workplace. For more information and registration for the conference, please visit: