D. Definitions
(a) A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:(1) The function may be essential because the reason the position exists is to perform that function.
(2) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
(3) The function may be highly specialized, so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function.
(b) Evidence of whether a particular function is essential includes, but is not limited to, the following:
(1) The employer's judgment as to which functions are essential.
(2) Written job descriptions prepared before advertising or interviewing applicants for the job.
(3) The amount of time spent on the job performing the function.
(4) The consequences of not requiring the incumbent to perform the function.
(5) The terms of a collective bargaining agreement.
(6) The work experiences of past incumbents in the job.
(7) The current work experience of incumbents in similar job
(a) Having any mental or psychological disorder or condition, such as mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this Policy:(1) "Limits" shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.(b) Any other mental or psychological disorder or condition not described in paragraph (a) that requires special education or related services.(2) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(3) "Major life activities" shall be broadly construed and shall include physical, mental, and social activities and working. "Working" is a major life activity, regardless of whether the actual or perceived working limitation implicates a particular employment or a class or broad range of employment.
(c) Having a record or history of a mental or psychological disorder or condition described in paragraph (a) or (b), which is known to the employer.
(d) Being regarded or treated by the employer as having, or having had, any mental condition that makes achievement of a major life activity difficult.
(e) Being regarded or treated by the employer as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (a) or (b).
"Mental disability" does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(a) Having any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss that does both of the following:(1) Affects one or more of the following body systems; neurological, immunological, musculo-skeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine.
(2) Limits a major life activity. For purposes of this Policy:
(i) "Limits" shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
(iii) "Major life activities" shall be broadly construed and includes physical, mental, and social activities and working. "Working" is a major life activity, regardless of whether the actual or perceived working limitation implicates a particular employment or a class or broad range of employment
(b) Any other health impairment not described in paragraph (1) that requires special education or related services.
(c) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer.
(d) Being regarded or treated by the employer as having, or having had, any physical condition that makes achievement of a major life activity difficult.
(e) Being regarded or treated by the employer as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(f) "Physical disability" does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
Employees who are currently engaging in the illegal use, possession, or distribution of controlled substances are specifically excluded from this definition. Alcoholics are not specifically excluded from this definition. Therefore, the University may not make adverse employment decisions solely on the basis that an individual is an alcoholic. However, individuals whose current use of alcohol prevents them from performing their job duties are excluded from this definition.
California law requires employers to reasonably accommodate any employee who wishes to voluntarily enter and participate in an alcohol or drug rehabilitation program. In addition, employees who are currently participating in, or who have successfully completed, a supervised rehabilitation program and are no longer illegally using drugs are included within this definition.
Employees who constitute a direct threat to the health or safety of themselves or others are excluded from this definition.
An employee who becomes disabled may be selected for an open position for which they qualify, and may be considered for open positions over non-disabled applicants. The local Vocational Rehabilitation Counselor, or an appropriate University representative, will assist the disabled employee with alternate job placement.
Return to Personnel Procedure 81, Reasonable Accommodation