As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context: (a) âAffirmative reliefâ or âprospective reliefâ includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part. (b) âAgeâ refers to the chronological age of any individual who has reached a 40th birthday. (c) Except as provided by Section 12926.05, âemployeeâ does not include any individual employed by that personâs parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility. (d) âEmployerâ includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows: âEmployerâ does not include a religious association or corporation not organized for private profit. (e) âEmployment agencyâ includes any person undertaking for compensation to procure employees or opportunities to work. (f) âEssential functionsâ means the fundamental job duties of the employment position the individual with a disability holds or desires. âEssential functionsâ does not include the marginal functions of the position. (1) A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following: (A) The function may be essential because the reason the position exists is to perform that function. (B) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed. (C) The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function. (2) Evidence of whether a particular function is essential includes, but is not limited to, the following: (A) The employerâs judgment as to which functions are essential. (B) Written job descriptions prepared before advertising or interviewing applicants for the job. (C) The amount of time spent on the job performing the function. (D) The consequences of not requiring the incumbent to perform the function. (E) The terms of a collective bargaining agreement. (F) The work experiences of past incumbents in the job. (G) The current work experience of incumbents in similar jobs. (g) (1) âGenetic informationâ means, with respect to any individual, information about any of the following: (A) The individualâs genetic tests. (B) The genetic tests of family members of the individual. (C) The manifestation of a disease or disorder in family members of the individual. (2) âGenetic informationâ includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. (3) âGenetic informationâ does not include information about the sex or age of any individual. (h) âLabor organizationâ includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection. (i) âMedical conditionâ means either of the following: (1) Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer. (2) Genetic characteristics. For purposes of this section, âgenetic characteristicsâ means either of the following: (A) Any scientifically or medically identifiable gene
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