Legislative Positions

English Learner Authorization and Intern Credentials

March 4, 2013
Adopt policy regarding interns and the awarding of an English Learner Authorization. Direct staff to develop 1) proposed regulations for the Commission to consider at the April 2013 meeting, and 2) a process to work with intern programs regarding how programs will plan to provide preparation for the English Learner Authorization to interns who do not already hold this authorization.

Incentives for Nondiscriminatory Wellness Programs in Group Health Plans

January 25, 2013
We appreciate some of the protections that the Departments of Labor, Treasury, and Health and Human Services have included in the proposed rule and believe that those protections will help prevent discrimination against people with disabilities in workplace wellness programs. More protections are needed, however. And most importantly, it is critical that the final rule makes clear that wellness programs must also comply with requirements and prohibitions of the Americans with Disabilities Act (ADA).

Civil Rights Tax Relief Act

September 7, 2012
Lawsuits involving employment and civil rights laws are often difficult to settle because of the inequitable tax treatment of settlements and awards in these cases as required by current law.

Inpatient Rehabilitation

September 6, 2012
The LCD denies patients admission to rehabilitation hospitals and hospital-based rehabilitation units based upon their diagnosis alone, rather than an individualized assessment of their condition by a physician and a team of rehabilitation professionals.

SB 1186

August 31, 2012
SB 1186 requires that attorneys provide copies of demand letters alleging discrimination caused by violations of construction-related accessibility law by covered entities to the California State Bar for review, reduces money damages for incidences of disability discrimination by public accommodations that are currently commonly available under the Unruh Act, and prohibits attorneys and persons from making a prelitigation demand for money except in limited circumstances.

The Government Code – Family and Medical Leave

August 1, 2012
Increases the circumstances under which an employee is entitled to protected leave pursuant to the Family Rights Act by (1) eliminating the age and dependency elements from the definition of "child," thereby permitting an employee to take protected leave to care for his or her independent adult child suffering from a serious health condition, (2) expanding the definition of "parent" to include an employee's parent-in-law, and (3) permitting an employee to also take leave to care for a seriously ill grandparent, sibling, grandchild, or domestic partner, as defined.