SECTIONS 19230-19237 - California Statutes

GOVERNMENT CODE

SECTION 19230-19237

19230. The Legislature hereby declares that:
(a) It is the policy of this state to encourage and enable
individuals with a disability to participate fully in the social and
economic life of the state and to engage in remunerative employment.
(b) It is the policy of this state that qualified individuals with
a disability shall be employed in the state service, the service of
the political subdivisions of the state, in public schools, and in
all other employment supported in whole or in part by public funds on
the same terms and conditions as the nondisabled, unless it is shown
that the particular disability is job related.
(c) It is the policy of this state that a department, agency, or
commission shall make reasonable accommodation to the known physical
or mental limitations of an otherwise qualified applicant or employee
who is an individual with a disability, unless the hiring authority
can demonstrate that the accommodation would impose an undue hardship
on the operation of its program. A department shall not deny any
employment opportunity to a qualified applicant or employee who is an
individual with a disability if the basis for the denial is the need
to make reasonable accommodation to the physical or mental
limitations of the applicant or employee.

19231. As used in this article, "individual with a disability"
means any individual who has a physical or mental disability as
defined in Section 12926.

19232. Each state agency shall be responsible for establishing an
effective affirmative action program to ensure individuals with a
disability, who are capable of remunerative employment, access to
positions in state service on an equal and competitive basis with the
general population.
Each state agency shall develop and implement an affirmative
action employment plan for individuals with a disability, which shall
include goals and timetables. These goals and timetables shall be
set annually for disabilities identified pursuant to guidelines
established by the State Personnel Board, and shall be submitted to
the board no later than June 1 of each year beginning in 1978, for
review and approval or modification. Goals and timetables shall be
made available to the public upon request.

19233. The State Personnel Board shall be responsible for the
following:
(a) Outline specific actions to improve the representation of
individuals with a disability in the state work force and to ensure
equal and fair employment practices for employees who are individuals
with a disability.
(b) Survey the number of individuals with a disability in each
department by at least job category and salary range for the purpose
of developing goals and timetables pursuant to Section 19232 and
compare those numbers with the number of individuals with a
disability in the work force.
(c) Establish guidelines for state agencies and departments to set
goals and timetables to improve the representation of individuals
with a disability in the state work force. Goals and timetables shall
be set by at least job category.

19234. Each state agency shall annually review its hiring
activities designed to achieve the employment objectives established
pursuant to subdivision (c) of Section 19233 to determine if any
category of individuals with a disability have been
disproportionately excluded on a non-job-related basis from
employment. If any category has been so excluded, the agency shall
correct that underrepresentation.

19236. The State Personnel Board shall provide technical
assistance, statewide advocacy, coordination, and monitoring of plans
to overcome any underrepresentation determined pursuant to Section
19234.

19237. On or before November 15 of each year, beginning in 1978,
the State Personnel Board shall report to the Governor and the
Legislature on the current activity, future plans, and past
accomplishments of the overall employment program for individuals
with a disability in state government, including an evaluation of the
achievement of annual employment objectives.