2021 Training Symposium FAQ

Many questions were raised by participants attending the various sessions during the 2021 ACSED Training Symposium. The presenters answered many of these questions, but time did not permit addressing all of them. Unfortunately, ACSED is not in a position to specifically answer each and every question posed.

However, there were a few questions which came up frequently and we have provided below brief responses to those questions. To see the answer to a question, click on the question mark following the question or, for screen reader users, you may also be able to hit enter when reading the text of the question

Question 1: If a department or particular hiring manager is interested in hiring a person with a disability, is it permissible for a department to request an eligibility list consisting of only LEAP candidates and use it to select a candidate to hire?
Answer. Yes. The Limited Examination and Appointment Program (LEAP) is designed to provide an alternate path for hiring individuals with disabilities into state service. There are a number of LEAP classifications that are parallel to common standard civil service classifications. The list of current classifications which have LEAP examinations can be found at https://www.calcareers.ca.gov/CalHrPublic/Exams/Legacy/ShowBulletins.aspx?classCode=468

If a department is committed to hiring people with disabilities, it can request that the Department of Human Resources (CalHR) provide it with an eligibility list for one of the LEAP classifications so that all candidates on the list will be individuals with disabilities. This has long been authorized in regulations adopted by the State Personnel Board. See 2 CCR 155, available at the following link: https://govt.westlaw.com/calregs/Document/I92AEEEB7AB434702B015B0C1CE155A2F?

However, it is important to understand that, if you want just the LEAP list, you must explicitly request it. If a hiring department asks CalHR to provide a list of eligible candidates for a particular classification (e.g. Staff services analyst), and there exists a parallel LEAP classification, Government Code section 19057.1 provides that CalHR is to combine the standard list and the LEAP list to create a merged eligibility list containing the names of both LEAP and non-LEAP candidates. This ensures that people with disabilities on a LEAP list are not excluded during the hiring process. So that is the default and you must specifically request just the LEAP list if that is what you want.

Question 2: Can a probationary period be extended in order to allow time to provide an employee with a reasonable accommodation?
Answer. Yes. Section 321 of the regulations adopted by the State Personnel Board sets forth the circumstances under which a probationary period can be extended. Such situations include where the employee is out on sick leave, military leave, or other similar absences.

In addition, subdivision (h) of section 321 provides, in part, that:
“Where an appointing power and a probationer with a disability, as defined in Government Code section 12926, have entered into a proposed written agreement to extend the probationary period in order to provide the probationer with reasonable accommodation, all of the following shall apply:

  1. The period of the extension shall not exceed six months.
  2. The written agreement shall set forth the beginning and ending dates of the extension of probation and describe how the extension will allow the probationer to demonstrate the ability to satisfactorily perform the essential functions of the position with reasonable accommodation before the extended probationary period ends.
  3. The appointing power shall submit the written agreement to the Board for review prior to the end of the probationary period. The Board may approve, disapprove, or modify the written agreement, or require additional information. The Board shall notify the appointing power and probationer in writing of its decision.” The full text of Section 321 is available at the following link:
    https://govt.westlaw.com/calregs/Document/I7CF4006713FF454B9196EB77F20EA1F3?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)
Question 3: Where can I find statistical reports concerning the hiring and representation of people with disabilities in state service?
Answer. CalHR is required to publish certain statistical reports concerning the composition of the state workforce. Among these are reports showing the number and percentage of people with disabilities employed by each state agency with 30 or more employees. In addition, CalHR reports the number and percentage of new hires and promotions who were people with disabilities. All of these reports are available on the CalHR website at: https://www.calhr.ca.gov/Pages/statewide-reports.aspx

If a department is committed to hiring people with disabilities, it can request that the Department of Human Resources (CalHR) provide it with an eligibility list for one of the LEAP classifications so that all candidates on the list will be individuals with disabilities. This has long been authorized in regulations adopted by the State Personnel Board. See 2 CCR 155, available at the following link: https://govt.westlaw.com/calregs/Document/I92AEEEB7AB434702B015B0C1CE155A2F?

However, it is important to understand that, if you want just the LEAP list, you must explicitly request it. If a hiring department asks CalHR to provide a list of eligible candidates for a particular classification (e.g. Staff services analyst), and there exists a parallel LEAP classification, Government Code section 19057.1 provides that CalHR is to combine the standard list and the LEAP list to create a merged eligibility list containing the names of both LEAP and non-LEAP candidates. This ensures that people with disabilities on a LEAP list are not excluded during the hiring process. So that is the default and you must specifically request just the LEAP list if that is what you want.

Question 4: What requirements do state agencies have to comply with regarding the establishment and operation of a disability advisory committee?
Answer. Government Code section 19795 requires that each state agency establish and maintain a Disability Advisory Committee (DAC). When establishing its DAC, a department must “invite all employees to serve on the committee and shall take appropriate steps to ensure the final committee is comprised of members who have disabilities or who have an interest in disability issues. Each department shall ensure that at least two-thirds of the members of the committee are individuals with disabilities or retain documentation that demonstrates that the number of employees invited to participate, and willing and able to serve, was insufficient to meet this requirement.” The law specifies that the role of the DAC is to “advise the head of the agency on issues of concern to employees with disabilities, and matters relating to the formulation and implementation of the plan to overcome and correct any underrepresentation determined pursuant to Section 19234.” The full text of Section 19795 is available at: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=19795&lawCode=GOV

If a department is committed to hiring people with disabilities, it can request that the Department of Human Resources (CalHR) provide it with an eligibility list for one of the LEAP classifications so that all candidates on the list will be individuals with disabilities. This has long been authorized in regulations adopted by the State Personnel Board. See 2 CCR 155, available at the following link: https://govt.westlaw.com/calregs/Document/I92AEEEB7AB434702B015B0C1CE155A2F?

However, it is important to understand that, if you want just the LEAP list, you must explicitly request it. If a hiring department asks CalHR to provide a list of eligible candidates for a particular classification (e.g. Staff services analyst), and there exists a parallel LEAP classification, Government Code section 19057.1 provides that CalHR is to combine the standard list and the LEAP list to create a merged eligibility list containing the names of both LEAP and non-LEAP candidates. This ensures that people with disabilities on a LEAP list are not excluded during the hiring process. So that is the default and you must specifically request just the LEAP list if that is what you want.

Question 5: How can I get assistance in obtaining reasonable accommodation from my department or resolving other disability discrimination issues I'm facing at work?
Answer. If you need a disability-related accommodation in order to do your job, you should first review your department’s reasonable accommodation policy and follow the procedure set forth in the policy to request an accommodation. If you are not satisfied with the results of the reasonable accommodation process, or if you are experiencing some other form of disability discrimination, you should attempt to resolve the issue with your supervisor or through the Human Resources unit at your department. If such efforts are unsuccessful, you have the right to file an internal discrimination complaint with your department. The department’s decision on your complaint may be appealed to the State Personnel Board (SPB). You may also file a complaint of disability-related discrimination directly with SPB https://www.spb.ca.gov/appeals/appeals_information.aspx the Department of Fair Employment and Housing www.dfeh.ca.gov. or the Equal Employment Opportunity Commission www.eeoc.gov/employees/howtofile.cfm

If a department is committed to hiring people with disabilities, it can request that the Department of Human Resources (CalHR) provide it with an eligibility list for one of the LEAP classifications so that all candidates on the list will be individuals with disabilities. This has long been authorized in regulations adopted by the State Personnel Board. See 2 CCR 155, available at the following link: https://govt.westlaw.com/calregs/Document/I92AEEEB7AB434702B015B0C1CE155A2F?

However, it is important to understand that, if you want just the LEAP list, you must explicitly request it. If a hiring department asks CalHR to provide a list of eligible candidates for a particular classification (e.g. Staff services analyst), and there exists a parallel LEAP classification, Government Code section 19057.1 provides that CalHR is to combine the standard list and the LEAP list to create a merged eligibility list containing the names of both LEAP and non-LEAP candidates. This ensures that people with disabilities on a LEAP list are not excluded during the hiring process. So that is the default and you must specifically request just the LEAP list if that is what you want.

ACSED is not in a position to provide representation or assistance with resolving individual discrimination cases.

However, you may be able to obtain such assistance by contacting Disability Rights California https://www.disabilityrightsca.org/get-help or Legal Aid at Work https://legalaidatwork.org/our-programs/disability-access-rights/
ACSED does not endorse these organizations or guarantee that either will be able to take your case, but they have indicated that they do have expertise in dealing with matters involving employment-related disability discrimination.

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