On December 20, 2012, the Office of Administrative Law approved the Fair Employment and Housing Commission’s disability regulations. These new regulations become effective on December 31, 2012.  There has been no change from the version adopted by the FEHC on December 18, 2012.

The amendments include:

  • An expansion of the definitions of “mental” and “physical” disability
  • Clarification of what evidence might be used to show that a particular function is “essential” to a job
  • A description of the interactive process and obligations of both the employer and the employee or job applicant
  • A description of what constitutes a reasonable accommodation and specific examples, including a discussion of when a leave of absence might be an appropriate accommodation

A copy of the full text of the approved disability regulations can be found here.