1. (a) An applicant or employee has the burden of proof to establish that the applicant or employee is a qualified individual capable of performing the essential functions of the job with or without reasonable accommodation. A description of how discrimination is established is provided in the regulations at section 11009(c).

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12926.1 and 12940, Government Code.

History

1. Change without regulatory effect renumbering former section 7293.7 to new section 11066 and amending section filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40).

2. Amendment of subsection (a), repealer of subsection (b) and amendment of Note filed 12-9-2015; operative 4-1-2016 (Register 2015, No. 50).