2012 California Codes
GOV - Government Code
TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980]
DIVISION 3 - EXECUTIVE DEPARTMENT
PART 2.8 - DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
CHAPTER 6 - Discrimination Prohibited
ARTICLE 1 - Unlawful Practices, Generally
Section 12940.1
For the purposes of paragraph (1) of subdivision (a) of Section 12940, it shall be presumed that an individual with heart trouble, as referred to in Section 3212 of the Labor Code, applying for either a firefighter position or participation in an apprenticeship training program leading to employment in that position, where the actual duties require physical, active fire suppression, or a law enforcement position, the principal duties of which clearly consist of active law enforcement, could not perform his or her duties in a manner which would not endanger his or her health or safety or the health or safety of others. This presumption may be overcome by the applicant or the department proving, by a preponderance of the evidence, that the applicant would be able to safely perform the job. Law enforcement, for the purposes of this section, means police officer, deputy sheriff, or sheriff whose principal duties consist of active law enforcement service.
(Added by Stats. 1984, Ch. 380, Sec. 1.)
Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
