AB 488, as amended, Gonzalez. Employment discrimination.
Existing law, the California Fair Employment and Housing Act, protects the right to seek, obtain, and hold employment without discrimination because of race, religious creed, physical disability, mental disability, sex, age, and sexual orientation, among other characteristics. The act prohibits various forms of employment discrimination, including discharging or refusing to hire or to select for training programs on a prohibited basis. The act prescribes requirements for filing complaints of employment discrimination with the Department of Fair Employment and Housing and charges this department with investigating and determining whether or not to bring a civil action on behalf of the complainant, among other duties. The act exempts employers from remedies for specified unlawful employment practices, including when the discrimination is on the basis of physical or mental disability and
the disability prevents the employee from safely performing essential duties even with reasonable accommodations. The act
begin delete defines “employee” for these purposes andend delete excludes from the definition any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility. A special license permits the employment of individuals with disabilities at a wage less than the legal minimum wage.
This bill would redefine “employee” to
begin delete include an individual paidend delete under a special license in a nonprofit sheltered begin delete workshop,end delete
rehabilitation facility, begin delete or day program,end delete thereby applying employment discrimination protections to these begin delete people.end delete This bill would exempt an employer who obtains a special license, or hires or employs a qualified individual at a wage less than the minimum wage in conformity with a special license, from the act’s provisions prohibiting discrimination based on disability.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 12926 of the Government Code is
2amended to read:
As used in this part in connection with unlawful
4practices, unless a different meaning clearly appears from the
6(a) “Affirmative relief” or “prospective relief” includes the
7authority to order reinstatement of an employee, awards of backpay,
8reimbursement of out-of-pocket expenses, hiring, transfers,
9reassignments, grants of tenure, promotions, cease and desist
10orders, posting of notices, training of personnel, testing, expunging
11of records, reporting of records, and any other similar relief that
12is intended to correct unlawful practices under this part.
13(b) “Age” refers to the chronological age of any individual who
14has reached his or her 40th birthday.
begin delete includes an individual paid under a special does not include any individual employed by his or
16license in a sheltered workshop, rehabilitation facility, or day
17program butend delete
18her parents, spouse, or child.
P3 1(d) “Employer” includes any person regularly employing five
2or more persons, or any person acting as an agent of an employer,
3directly or indirectly, the state or any political or civil subdivision
4of the state, and cities, except as follows:
5“Employer” does not include a religious association or
6corporation not organized for private profit.
agency” includes any person undertaking for
8compensation to procure employees or opportunities to work.
9(f) “Essential functions” means the fundamental job duties of
10the employment position the individual with a disability holds or
11desires. “Essential functions” does not include the marginal
12functions of the position.
13(1) A job function may be considered essential for any of several
14reasons, including, but not limited to, any one or more of the
16(A) The function may be essential because the reason the
17position exists is to perform that function.
18(B) The function may be essential because of the limited number
19of employees available among whom the performance of that job
20function can be distributed.
21(C) The function may be highly specialized, so that the
22incumbent in the position is hired for his or her expertise or ability
23to perform the particular function.
24(2) Evidence of whether a particular function is essential
25includes, but is not limited to, the following:
26(A) The employer’s judgment as to which functions are essential.
27(B) Written job descriptions prepared before advertising or
28interviewing applicants for the job.
29(C) The amount of time spent on the job performing the function.
30(D) The consequences of not requiring the incumbent to perform
32(E) The terms of a collective bargaining agreement.
33(F) The work experiences of past incumbents in the job.
34(G) The current work experience of incumbents in similar jobs.
35(g) (1) “Genetic information” means, with respect to any
36individual, information about any of the following:
37(A) The individual’s genetic tests.
38(B) The genetic tests of family members of the individual.
manifestation of a disease or disorder in family members
40of the individual.
P4 1(2) “Genetic information” includes any request for, or receipt
2of, genetic services, or participation in clinical research that
3 includes genetic services, by an individual or any family member
4of the individual.
5(3) “Genetic information” does not include information about
6the sex or age of any individual.
7(h) “Labor organization” includes any organization that exists
8and is constituted for the purpose, in whole or in part, of collective
9bargaining or of dealing with employers concerning grievances,
10terms or conditions of employment, or of other mutual aid or
12(i) “Medical condition” means either of the following:
13(1) Any health impairment related to or associated with a
14diagnosis of cancer or a record or history of cancer.
15(2) Genetic characteristics. For purposes of this section, “genetic
16 characteristics” means either of the following:
17(A) Any scientifically or medically identifiable gene or
18chromosome, or combination or alteration thereof, that is known
19to be a cause of a disease or disorder in a person or his or her
20offspring, or that is determined to be associated with a statistically
21increased risk of development of a disease or disorder, and that is
22presently not associated with any symptoms of any disease or
24(B) Inherited characteristics that may derive from the individual
25or family member, that are known to be a cause of a disease or
26disorder in a person or his or her offspring, or that are determined
27to be associated with a statistically increased risk of development
28of a disease or disorder, and that are presently not associated with
29any symptoms of any disease or disorder.
30(j) “Mental disability” includes, but is not limited to, all of the
32(1) Having any mental or psychological disorder or condition,
33such as intellectual disability, organic brain syndrome, emotional
34or mental illness, or specific learning disabilities, that limits a
35major life activity. For purposes of this section:
36(A) “Limits” shall be determined without regard to mitigating
37measures, such as medications, assistive devices, or reasonable
38accommodations, unless the mitigating measure itself limits a
39major life activity.
P5 1(B) A mental or psychological disorder or condition limits a
2major life activity if it makes the achievement of the major life
4(C) “Major life activities” shall be broadly construed and shall
5 include physical, mental, and social activities and working.
6(2) Any other mental or psychological disorder or condition not
7described in paragraph (1) that requires special education or related
9(3) Having a record or history of a mental or psychological
10disorder or condition described in paragraph (1) or (2), which is
11known to the employer or other entity covered by this part.
12(4) Being regarded or treated by the employer or other entity
13covered by this part as having, or having had, any mental condition
14that makes achievement of a major life activity difficult.
15(5) Being regarded or treated by the employer or other entity
16covered by this part as having, or having had, a mental or
17psychological disorder or condition that has no present disabling
18effect, but that may become a mental disability as described in
19paragraph (1) or (2).
20“Mental disability” does not include sexual behavior disorders,
21compulsive gambling, kleptomania, pyromania, or psychoactive
22substance use disorders resulting from the current unlawful use of
23controlled substances or other drugs.
24(k) “Military and veteran status” means a member or veteran
25of the United States Armed Forces, United States Armed Forces
26Reserve, the United States National Guard, and the California
28(l) “On the bases enumerated in this part” means or refers to
29discrimination on the basis of one or more of the following: race,
30religious creed, color, national origin, ancestry, physical disability,
31mental disability, medical condition, genetic information, marital
32status, sex, age, sexual orientation, or military and veteran status.
33(m) “Physical disability” includes, but is not limited to, all of
35(1) Having any physiological disease, disorder, condition,
36cosmetic disfigurement, or anatomical loss that does both of the
38(A) Affects one or more of the following body systems:
39neurological, immunological, musculoskeletal, special sense
40organs, respiratory, including speech organs, cardiovascular,
P6 1reproductive, digestive, genitourinary, hemic and lymphatic, skin,
3(B) Limits a major life activity. For purposes of this section:
4(i) “Limits” shall be determined without regard to mitigating
5measures such as medications, assistive devices, prosthetics, or
6reasonable accommodations, unless the mitigating measure itself
7limits a major life activity.
8(ii) A physiological disease, disorder, condition, cosmetic
9disfigurement, or anatomical loss limits a major life activity if it
10makes the achievement of the major life activity difficult.
11(iii) “Major life activities” shall be broadly construed and
12includes physical, mental, and social activities and working.
13(2) Any other
health impairment not described in paragraph (1)
14that requires special education or related services.
15(3) Having a record or history of a disease, disorder, condition,
16cosmetic disfigurement, anatomical loss, or health impairment
17described in paragraph (1) or (2), which is known to the employer
18or other entity covered by this part.
19(4) Being regarded or treated by the employer or other entity
20covered by this part as having, or having had, any physical
21condition that makes achievement of a major life activity difficult.
22(5) Being regarded or treated by the employer or other entity
23covered by this part as having, or having had, a disease, disorder,
24condition, cosmetic disfigurement, anatomical loss, or health
25impairment that has no present disabling effect but may become
26a physical disability as described in paragraph (1) or (2).
27(6) “Physical disability” does not include sexual behavior
28disorders, compulsive gambling, kleptomania, pyromania, or
29psychoactive substance use disorders resulting from the current
30unlawful use of controlled substances or other drugs.
31(n) Notwithstanding subdivisions (j) and (m), if the definition
32of “disability” used in the federal Americans with Disabilities Act
33of 1990 (Public Law 101-336) would result in broader protection
34of the civil rights of individuals with a mental disability or physical
35disability, as defined in subdivision (j) or (m), or would include
36any medical condition not included within those definitions, then
37that broader protection or coverage shall be deemed incorporated
38by reference into, and shall prevail over conflicting provisions of,
39the definitions in subdivisions (j) and (m).
P7 1(o) “Race, religious creed, color, national origin, ancestry,
2physical disability, mental disability, medical condition, genetic
3information, marital status, sex, age, sexual orientation, or military
4and veteran status” includes a perception that the person has any
5of those characteristics or that the person is associated with a
6person who has, or is perceived to have, any of those
8(p) “Reasonable accommodation” may include either of the
10(1) Making existing facilities used by employees readily
11accessible to, and usable by, individuals with disabilities.
12(2) Job restructuring, part-time or modified work schedules,
13reassignment to a vacant position, acquisition or modification of
14equipment or devices, adjustment or modifications of examinations,
begin delete materials,end delete or policies, the provision of qualified
16readers or interpreters, and other similar accommodations for
17individuals with disabilities.
18(q) “Religious creed,” “religion,” “religious observance,”
19“religious belief,” and “creed” include all aspects of religious
20belief, observance, and practice, including religious dress and
21grooming practices. “Religious dress practice” shall be construed
22broadly to include the wearing or carrying of religious clothing,
23head or face coverings, jewelry, artifacts, and any other item that
24is part of the observance by an individual of his or her religious
25creed. “Religious grooming practice” shall be construed broadly
26to include all forms of head, facial, and body hair that are part of
27the observance by an individual of his or her religious creed.
28(r) (1) “Sex” includes, but is not limited to, the following:
29(A) Pregnancy or medical conditions related to pregnancy.
30(B) Childbirth or medical conditions related to childbirth.
31(C) Breastfeeding or medical conditions related to breastfeeding.
32(2) “Sex” also includes, but is not limited to, a person’s gender.
33“Gender” means sex, and includes a person’s gender identity and
34gender expression. “Gender expression” means a person’s
35gender-related appearance and behavior whether or not
36stereotypically associated with the person’s assigned sex at birth.
37(s) “Sexual orientation” means heterosexuality, homosexuality,
39(t) “Supervisor” means any
individual having the authority, in
40the interest of the employer, to hire, transfer, suspend, lay off,
P8 1recall, promote, discharge, assign, reward, or discipline other
2employees, or the responsibility to direct them, or to adjust their
3grievances, or effectively to recommend that action, if, in
4connection with the foregoing, the exercise of that authority is not
5of a merely routine or clerical nature, but requires the use of
7(u) “Undue hardship” means an action requiring significant
8difficulty or expense, when considered in light of the following
10(1) The nature and cost of the accommodation needed.
11(2) The overall financial resources of the facilities involved in
12the provision of the reasonable accommodations, the number of
13persons employed at the facility, and the effect on expenses and
14resources or the impact otherwise of these accommodations upon
15the operation of the facility.
16(3) The overall financial resources of the covered entity, the
17overall size of the business of a covered entity with respect to the
18number of employees, and the number, type, and location of its
20(4) The type of operations, including the composition, structure,
21and functions of the workforce of the entity.
22(5) The geographic separateness or administrative or fiscal
23relationship of the facility or facilities.
24(v) “National origin” discrimination
includes, but is not limited
25to, discrimination on the basis of possessing a driver’s license
26granted under Section 12801.9 of the Vehicle Code.
Section 12940 of the Government Code is amended
It is an unlawful employment practice, unless based
30upon a bona fide occupational qualification, or, except where based
31upon applicable security regulations established by the United
32States or the State of California:
33(a) For an employer, because of the race, religious creed, color,
34national origin, ancestry, physical disability, mental disability,
35medical condition, genetic information, marital status, sex, gender,
36gender identity, gender expression, age, sexual orientation, or
37military and veteran status of any person, to refuse to hire or
38employ the person or to refuse to select the person for a training
39program leading to employment, or to bar or to discharge the
40person from employment or from a training program leading to
P9 1employment, or to discriminate against the person in compensation
2or in terms, conditions, or privileges of employment.
3(1) This part does not prohibit an employer from refusing to
4hire or discharging an employee with a physical or mental
5disability, or subject an employer to any legal liability resulting
6from the refusal to employ or the discharge of an employee with
7a physical or mental disability, where the employee, because of
8his or her physical or mental disability, is unable to perform his
9or her essential duties even with reasonable accommodations, or
10cannot perform those duties in a manner that would not endanger
11his or her health or safety or the health or safety of others even
12with reasonable accommodations.
13(2) Nothing in this part relating
to discrimination on account of
14disability shall subject an employer to legal liability for obtaining
15a license pursuant to Section 1191.5 of the Labor Code or paying
16an individual with a physical or mental disability less than
17minimum wage pursuant to either Section 1191 or Section 1191.5
18of the Labor Code.
19(3) This part does not prohibit an employer from refusing to
20hire or discharging an employee who, because of the employee’s
21medical condition, is unable to perform his or her essential duties
22even with reasonable accommodations, or cannot perform those
23duties in a manner that would not endanger the employee’s health
24or safety or the health or safety of others even with reasonable
25accommodations. Nothing in this part shall subject an employer
26to any legal liability resulting from the refusal to employ or the
27discharge of an employee who, because of the employee’s medical
28condition, is unable to perform his or her essential duties, or cannot
29perform those duties in a manner that would not endanger the
30employee’s health or safety or the health or safety of others even
31with reasonable accommodations.
32(4) Nothing in this part relating to discrimination on account of
33marital status shall do either of the following:
34(A) Affect the right of an employer to reasonably regulate, for
35reasons of supervision, safety, security, or morale, the working of
36spouses in the same department, division, or facility, consistent
37with the rules and regulations adopted by the commission.
38(B) Prohibit bona fide health plans from providing additional
39or greater benefits to employees with dependents than to those
40employees without or with fewer dependents.
P10 1(5) Nothing in this part relating to discrimination on account of
2sex shall affect the right of an employer to use veteran status as a
3factor in employee selection or to give special consideration to
5(6) (A) This part does not prohibit an employer from refusing
6to employ an individual because of his or her age if the law
7compels or provides for that refusal. Promotions within the existing
8staff, hiring or promotion on the basis of experience and training,
9rehiring on the basis of seniority and prior service with the
10employer, or hiring under an established recruiting program from
11high schools, colleges, universities, or trade schools do not, in and
12of themselves, constitute unlawful employment practices.
13(B) The provisions of this part relating to discrimination on the
14basis of age do not prohibit an employer from providing health
15benefits or health care reimbursement plans to retired persons that
16are altered, reduced, or eliminated when the person becomes
17eligible for Medicare health benefits. This subparagraph applies
18to all retiree health benefit plans and contractual provisions or
19practices concerning retiree health benefits and health care
20reimbursement plans in effect on or after January 1, 2011.
21(b) For a labor organization, because of the race, religious creed,
22color, national origin, ancestry, physical disability, mental
23disability, medical condition, genetic information, marital status,
24sex, gender, gender identity, gender expression, age, sexual
25orientation, or military and veteran status of any person, to exclude,
26expel, or restrict from its membership the person, or to provide
27only second-class or segregated membership or to discriminate
28against any person because of the race, religious creed, color,
29national origin, ancestry, physical disability, mental disability,
30medical condition, genetic information, marital status, sex, gender,
31gender identity, gender expression, age, sexual orientation, or
32military and veteran status of the person in the election of officers
33of the labor organization or in the selection of the labor
34organization’s staff or to discriminate in any way against any of
35its members or against any employer or against any person
36employed by an employer.
37(c) For any person to discriminate against any person in the
38selection, termination, training, or other terms or treatment of that
39person in any apprenticeship training program, any other training
40program leading to employment, an unpaid internship, or another
P11 1limited duration program to provide unpaid work experience for
2that person because of the race, religious creed, color, national
3origin, ancestry, physical disability, mental disability, medical
4condition, genetic information, marital status, sex, gender, gender
5identity, gender expression, age, sexual orientation, or military
6and veteran status of the person discriminated against.
7(d) For any employer or employment agency to print or circulate
8or cause to be printed or circulated any publication, or to make
9any nonjob-related inquiry of an employee or applicant, either
10verbal or through use of an application form, that expresses,
11directly or indirectly, any limitation, specification, or discrimination
12as to race, religious creed, color, national origin, ancestry, physical
13disability, mental disability, medical condition, genetic information,
14marital status, sex, gender, gender identity, gender expression,
15age, sexual orientation, or military and veteran status, or any intent
16to make any such limitation, specification, or discrimination. This
17part does not prohibit an employer or employment agency from
18inquiring into the age of an applicant, or from specifying age
19limitations, where the law compels or provides for that action.
20(e) (1) Except as provided in paragraph (2) or (3), for any
21employer or employment agency to require any medical or
22psychological examination of an applicant, to make any medical
23or psychological inquiry of an applicant, to make any inquiry
24whether an applicant has a mental disability or physical disability
25or medical condition, or to make any inquiry regarding the nature
26or severity of a physical disability, mental disability, or medical
28(2) Notwithstanding paragraph (1), an employer or employment
29agency may inquire into the ability of an applicant to perform
30job-related functions and may respond to an applicant’s request
31for reasonable accommodation.
32(3) Notwithstanding paragraph (1), an employer or employment
33agency may require a medical or psychological examination or
34make a medical or psychological inquiry of a job applicant after
35an employment offer has been made but prior to the
36commencement of employment duties, provided that the
37examination or inquiry is job related and consistent with business
38necessity and that all entering employees in the same job
39classification are subject to the same examination or inquiry.
P12 1(f) (1) Except as provided in paragraph (2), for any employer
2or employment agency to require any medical or psychological
3examination of an employee, to make any medical or psychological
4inquiry of an employee, to make any inquiry whether an employee
5has a mental disability, physical disability, or medical condition,
6or to make any inquiry regarding the nature or severity of a physical
7disability, mental disability, or medical condition.
8(2) Notwithstanding paragraph (1), an employer or employment
9agency may require any examinations or inquiries that it can show
10to be job related and consistent with business necessity. An
11employer or employment agency may conduct voluntary medical
12examinations, including voluntary medical histories, which are
13part of an employee health program available to employees at that
15(g) For any employer, labor organization, or employment agency
16to harass, discharge, expel, or otherwise discriminate against any
17person because the person has made a report pursuant to Section
1811161.8 of the Penal Code that prohibits retaliation against hospital
19employees who report suspected patient abuse by health facilities
20or community care facilities.
21(h) For any employer, labor organization, employment agency,
22or person to discharge, expel, or otherwise discriminate against
23any person because the person has opposed any practices forbidden
24under this part or because the person has filed a complaint, testified,
25or assisted in any proceeding under this part.
26(i) For any person to aid, abet, incite, compel, or coerce the
27doing of any of the acts forbidden under this part, or to attempt to
29(j) (1) For an employer, labor organization, employment agency,
30apprenticeship training program or any training program leading
31to employment, or any other person, because of race, religious
32creed, color, national origin, ancestry, physical disability, mental
33disability, medical condition, genetic information, marital status,
34sex, gender, gender identity, gender expression, age, sexual
35orientation, or military and veteran status, to harass an employee,
36an applicant, an unpaid intern or volunteer, or a person providing
37services pursuant to a contract. Harassment of an employee, an
38applicant, an unpaid intern or volunteer, or a person providing
39services pursuant to a contract by an employee, other than an agent
40or supervisor, shall be unlawful if the entity, or its agents or
P13 1supervisors, knows or should have known of this conduct and fails
2to take immediate and appropriate corrective action. An employer
3may also be responsible for the acts of nonemployees, with respect
4to sexual harassment of employees, applicants, unpaid interns or
5volunteers, or persons providing services pursuant to a contract in
6the workplace, where the employer, or its agents or supervisors,
7knows or should have known of the conduct and fails to take
8immediate and appropriate corrective action. In reviewing cases
9involving the acts of nonemployees, the extent of the employer’s
10control and any other legal responsibility that the employer may
11have with respect to the conduct of those nonemployees shall be
12considered. An entity shall take all reasonable steps to prevent
13harassment from occurring. Loss of tangible job benefits shall not
14be necessary in order to establish harassment.
15(2) The provisions of this subdivision are declaratory of existing
16law, except for the new duties imposed on employers with regard
18(3) An employee of an entity subject to this subdivision is
19personally liable for any harassment prohibited by this section that
20is perpetrated by the employee, regardless of whether the employer
21or covered entity knows or should have known of the conduct and
22fails to take immediate and appropriate corrective action.
23(4) (A) For purposes of this subdivision only, “employer” means
24any person regularly employing one or more persons or regularly
25receiving the services of one or more persons providing services
26pursuant to a contract, or any person acting as an agent of an
27employer, directly or indirectly, the state, or any political or civil
28subdivision of the state, and cities. The definition of “employer”
29 in subdivision (d) of Section 12926 applies to all provisions of this
30section other than this subdivision.
31(B) Notwithstanding subparagraph (A), for purposes of this
32subdivision, “employer” does not include a religious association
33or corporation not organized for private profit, except as provided
34in Section 12926.2.
35(C) For purposes of this subdivision, “harassment” because of
36sex includes sexual harassment, gender harassment, and harassment
37based on pregnancy, childbirth, or related medical conditions.
38Sexually harassing conduct need not be motivated by sexual desire.
P14 1(5) For purposes of this subdivision, “a person providing services
2pursuant to a contract” means a person who meets all of the
4(A) The person has the right to control the performance of the
5contract for services and discretion as to the manner of
7(B) The person is customarily engaged in an independently
9(C) The person has control over the time and place the work is
10performed, supplies the tools and instruments used in the work,
11and performs work that requires a particular skill not ordinarily
12used in the course of the employer’s work.
13(k) For an employer, labor organization, employment agency,
14apprenticeship training program, or any training program leading
15to employment, to fail to take all reasonable steps necessary to
16prevent discrimination and harassment from occurring.
17(l) (1) For an employer or other entity covered by this part to
18refuse to hire or employ a person or to refuse to select a person
19for a training program leading to employment or to bar or to
20discharge a person from employment or from a training program
21leading to employment, or to discriminate against a person in
22compensation or in terms, conditions, or privileges of employment
23because of a conflict between the person’s religious belief or
24observance and any employment requirement, unless the employer
25or other entity covered by this part demonstrates that it has explored
26any available reasonable alternative means of accommodating the
27religious belief or observance, including the possibilities of
28excusing the person from those duties that conflict with his or her
29religious belief or observance or permitting those duties to be
30performed at another time or by another person, but is unable to
31reasonably accommodate the religious belief or observance without
32undue hardship, as defined in subdivision (u) of Section 12926,
33on the conduct of the business of the employer or other entity
34covered by this part. Religious belief or observance, as used in
35this section, includes, but is not limited to, observance of a Sabbath
36or other religious holy day or days, reasonable time necessary for
37travel prior and subsequent to a religious observance, and religious
38dress practice and religious grooming practice as described in
39subdivision (q) of Section 12926. This subdivision shall also apply
40to an apprenticeship training program, an unpaid internship, and
P15 1any other program to provide unpaid experience for a person in
2the workplace or industry.
3(2) An accommodation of an individual’s religious dress practice
4or religious grooming practice is not reasonable if the
5accommodation requires segregation of the individual from other
6employees or the public.
7(3) An accommodation is not required under this subdivision
8if it would result in a violation of this part or any other law
9prohibiting discrimination or protecting civil rights, including
10subdivision (b) of Section 51 of the Civil Code and Section 11135
11of this code.
12(4) For an employer or other entity covered by this part to, in
13addition to the employee protections provided pursuant to
14subdivision (h), retaliate or otherwise discriminate against a person
15for requesting accommodation under this subdivision, regardless
16of whether the request was granted.
17(m) (1) For an employer or other entity covered by this part to
18fail to make reasonable accommodation for the known physical
19or mental disability of an applicant or employee. Nothing in this
20subdivision or in paragraph (1) or (2) of subdivision (a) shall be
21construed to require an accommodation that is demonstrated by
22the employer or other covered entity to produce undue hardship,
23as defined in subdivision (u) of Section 12926, to its operation.
24(2) For an employer or other entity covered by this part to, in
25addition to the employee protections provided pursuant to
26subdivision (h), retaliate or otherwise discriminate against a person
27for requesting accommodation under this subdivision, regardless
28of whether the request was granted.
29(n) For an employer or other entity covered by this part to fail
30to engage in a timely, good faith, interactive process with the
31employee or applicant to determine effective reasonable
32accommodations, if any, in response to a request for reasonable
33accommodation by an employee or applicant with a known physical
34or mental disability or known medical condition.
35(o) For an employer or other entity covered by this part, to
36subject, directly or indirectly, any employee, applicant, or other
37person to a test for the presence of a genetic characteristic.
38(p) Nothing in this section shall be interpreted as preventing the
39ability of employers to identify members of the military or veterans
P16 1for purposes of awarding a veteran’s preference as permitted by