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  1. #1
    Join Date
    Jun 2008
    Posts
    23

    Default What Is FEHA/ADA

    My workers compensation claim was made in the Great State of: California!

    Hello Again:

    After my AME's appointment, I would like to start looking at going back to work.

    I have read many, many posts, (especially by BvIA and Charles Stevens) refering to FEHA/ADA laws about accomodating people with disabilities.

    I guess I am just not clear on the term "FEHA/ADA" and want to be certain that I know what I am talking about when I approach the personnel department about coming back to work.

    Because of my Carpal Tunnel, I have limited ability to use a keyboard for more then 15 minutes at a time. I need to get up and change positions every 30-40 minutes, and can't lift anything over 5 lbs with my right hand and 10 lbs with my left arm.

    I am an accountant by occupation. I want to set up a meeting with my employer to explore my options. It would help very much if I had the actual laws to support my request for an interactive meeting.

    Here are my questions: I am not clear why they are referred to as FEHA/ADA. Aren't these 2 separate and distinct laws? I found FEHA as a state specific law in California. FEHA stands for Fair Employment and Housing Act and is only applicable in California. Obviously the ADA is a federal law, which is applied equally in all 50 states.

    Since I reside in California FEHA applies to me as well as the ADA. What are the differences between these 2 laws and is there an advantage to start out by citing one over the other?

    The personnel director has been around since the first trees were planted and is very set in her ways. She is going to need everything laid out--She will follow the law to the letter--then that's it, she is not flexible or lenient in any way.

    The very act of my requesting such a meeting to have an INTERACTIVE PROCESS, will make her very defensive and she will view my request as a threat to her Queendom.

    So I need to have not only the laws printed out for her, but also have an articulate presentation of these 2 laws. Unfortunately the links both of you have provided to organizations, etc explaining the ADA, would not phase her in the least. I need to have the actual laws, not in her opinion, someone's interpretation of the laws.

    As a strategy, should I start out explaining what the FEHA is and leave the ADA for when(if) she doesn't get the state law? Or should I start out explaining both laws, where they are the same and where they differ?

    Also you both had done such an eloquent job of describing the INTERACTIVE PROCESS. I have done lot's of "googling" today but can't seem to fine the actual law I can give to her. I would be very appreciative if you could give me the actual code to print out for her. Note: I have found this lady and her assistant to be pretty much like stone walls.

    So in preparation for this: What exactly these 2 laws mean and what is the difference between the two? Is there a time when I would refer to one and not the other?

    I thank you very much for helping me prepare for this meeting.

    I look forward to your responses to fortify my position in this meeting.

    Have a wonderful evening
    Last edited by Kelly May; 06-19-2008 at 04:37 PM. Reason: clarification

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: "feha/ada"

    Here is some of what you may be looking for...it's difficult to ''search'' when you're not sure of what terms to use in the 'box'...

    http://www.eeoc.gov/policy/docs/workcomp.html

    http://www.dir.ca.gov/dwc/educonf14/...A_FEHA_RTW.pdf, this is one actually for ER's so it would be a good one to print out for the HR information...

    http://www.unitedspinal.org/pdf/unde...ng_the_ada.pdf

    FEHA/Fair Employment & Housing Act...http://www.fehc.ca.gov/act/pdf/FEHA_Outline.pdf

    Besides the ADA/FEHA rules, the labor code provides that the ER make a 'reasonable' offer to RTW...form RU-94...http://www.dir.ca.gov/t8/10133%5F12.html (where possible) The HR people should be aware of what the labor code mandates in a RTW situation...at the very least your HR director should be in contact with the IC/CA and know what is required.

    Go through these... and see where you may have additional questions... come back and post ...(use the Calif board...it's more specific to your situation..)

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