EXECUTIVE ORDER S-11-10
WHEREAS this month, we celebrate the twenty year anniversary of the first comprehensive federal civil rights act for persons with disabilities, the Americans with Disabilities Act, which was passed by Congress and signed by the President on July 26, 1990; and
WHEREAS as stated in Executive Order S-04-05, this administration is strongly committed to ensuring fairness and non-discrimination in state employment practices and recognizes that equal employment opportunity for all segments of society requires vigilance and conscious effort; and
WHEREAS the State of California employs over 22,000 individuals who have a disability; and
WHEREAS it is the law and policy of this state that an agency, department, board or commission shall make a reasonable accommodation for the known disability of an otherwise qualified applicant or employee unless the accommodation would impose an undue hardship; and
WHEREAS it is the law of this state that each state agency must have a Disability Advisory Committee, comprised of employees with a disability and employees who have an interest in disability issues, in order to advise the head of the agency on issues of concern to employees with a disability; and
WHEREAS it is important that the Disability Advisory Committee meet regularly with the equal employment opportunity officers of each agency, department, board or commission under my direct executive authority to identify employees’ concerns regarding reasonable accommodations; and
WHEREAS each agency, department, board and commission under my direct executive authority has the responsibility to ensure that all supervisors and managers understand their responsibilities to accommodate an employee with a disability, including but not limited to training, advanced planning for meetings, and purchasing of equipment and services; and
WHEREAS the State Personnel Board is responsible for providing statewide leadership, coordination, technical guidance and enforcement regarding efforts to achieve equal employment opportunity and non-discriminatory employment practices within the state civil service and offers statewide training, among other responsibilities.
NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California, by virtue of the power and authority vested in me by the Constitution and laws of the State of California, do hereby issue the following orders to become effective immediately:
- Within 30 days of the date of this Executive Order, each agency, department, board, commission and office under my direct executive authority shall establish and/or review its written reasonable accommodation guidelines to ensure that supervisors and managers have the information and resources to provide reasonable accommodations to employees with a disability in a timely and effective manner.
- During this review process, each agency, department, board, commission and office under my direct executive authority shall consult with its Equal Employment Opportunity Officer to ensure that the written reasonable accommodation guidelines are sufficient and up to date.
- Within 60 days of this Executive Order, the State Personnel Board, in consultation with the Department of Rehabilitation, will meet with all Equal Employment Opportunity Officers to coordinate training of all supervisors and managers regarding their duties to accommodate an employee with a disability.
- The Department of General Services, in consultation with the Department of Rehabilitation, shall develop contracts for reasonable accommodation services and equipment to better meet the needs of employees with a disability.
- The Department of General Services shall develop and include additional criteria in its statewide purchases to ensure that the goods and services procured are accessible and available to employees with a disability.
IT IS FURTHER ORDERED that all agencies and departments under my direct executive authority shall cooperate in the implementation of this Order.
This Order is not intended to, and does not create any right or benefit, substantive or procedural, enforceable in law or equity, against the State of California, its departments, agencies or other entities, its officers or employees, or any other person.
I FURTHER DIRECT that as soon as hereafter possible, this Order shall be filed with the Office of the Secretary of State and that widespread publicity and notice be given to this Order.