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California Government Code Section 12940.1

Legal Research Home > California Lawyer > Government Code > California Government Code 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.

Last modified: January 12, 2009