Disability Discrimination

In California, a person is considered disabled if he or she exhibits one or more of the following characteristics:

• Has a physical or mental impairment that limits one or more of the major life activities
• Has a record of an impairment
• Is regarded as having an impairment
• Is regarded or treated by the employer as having a condition that is not presently disabling but may become a physical disability
• Has any health impairment that requires special education or related services

The definition of “disability” in California includes:

(1) Mental disabilities that limit a major life activity. Examples include:​

• Affects one or more of the following body systems: neurological, immunological, musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; circulatory; skin; and endocrine; and limits a major life activity.
• Examples of physical disabilities include blindness, deafness, missing limbs, mobility impairments, cerebral palsy and conditions such as HIV/AIDS, hepatitis, epilepsy, diabetes, multiple sclerosis and heart disease.

(2) Physical disabilities, including, but not limited to, having any anatomical loss, cosmetic disfigurement, or physiological disease, disorder or condition that does both of the following:

• Emotional or mental illnesses
• Cognitive disabilities
• Clinical depression
• Bipolar disorder
• Autism spectrum disorders
• Schizophrenia
• Post-traumatic stress disorder (PTSD)
• Obsessive-compulsive disorder (OCD)

(3) Special Education disabilities, such as significant difficulties in the use of listening, speaking, reading, writing, reasoning or mathematical abilities. Examples of special education disabilities include: brain injury, dyslexia, and developmental aphasia.

(4) A record or history of disability. This includes individuals who may not be currently disabled, but who previously suffered an impairment.

(5) Perceived disabilities. Individuals may fall into this category if their employers regard them as having or having had a physical or mental condition that has no present disabling effect, but which may become a disability in the future.

(6) Medical conditions, including cancer-related impairments or genetic characteristics that put an individual at increased risk for disease or disorder associated disability claims – Employers are also prohibited under both FEHA and the ADA from discriminating against an employee because of his or her association with a person who has, or is perceived to have, a disability. You gets fired because you reported your employer for a violation to the Environmental Protection Agency (EPA).

Not all disabilities or illnesses are protected under FEHA, while some are specifically excluded by statute. Some common examples of disabilities that are not protected include:​

• Common cold
• Influenza
• Sprains
• Bruises
• Soreness
• Small cuts
• Kleptomania
• Compulsive Gambling
• Pyromania