California prides itself on being progressive, and that extends to its disability rights laws. When it comes to employment, the state offers broader protections than the federal standards established by the Americans with Disabilities Act (ADA). This means more California employees qualify for disability accommodations under the Fair Employment and Housing Act (FEHA).
What Makes Someone "Disabled" Under FEHA?
FEHA defines a disability as:
An actual or perceived physical or mental disability
A medical condition that limits one or more major life activities
Here's a breakdown of the key terms:
Actual vs. Perceived: Even if you don't have a diagnosed condition, if your employer believes you have a disability that limits your ability to work, you may be protected under FEHA.
Major Life Activities: This includes basic functions like walking, seeing, hearing, speaking, breathing, learning, working, taking care of oneself, and performing manual tasks.
Key Differences Between FEHA and ADA
Limits: FEHA uses the term "limits" when referring to how a disability impacts major life activities. This standard is less stringent than the ADA's "substantially limits" requirement.
Broader Protections: FEHA covers a wider range of conditions, including temporary disabilities and those that may become disabling in the future.
Examples of Covered Disabilities in California
Vision or hearing impairments
Mobility limitations
Learning disabilities
Chronic illnesses like diabetes, epilepsy, or cancer
Mental health conditions like anxiety or depression
It's important to remember that this is not an exhaustive list. If you have a question about whether your condition qualifies as a disability under FEHA, consult with an attorney specializing in disability rights.
What This Means for California Employees
If you have a disability, under FEHA, your employer is required to provide reasonable accommodations to allow you to perform the essential functions of your job. This could include modifications to your workspace, changes to your schedule, or assistive technology.
California offers strong legal protections for employees with disabilities. Knowing your rights under FEHA is an important step towards ensuring equal opportunities in the workplace.
Additional Resources:
The Department of Fair Employment and Housing (DFEH): https://calcivilrights.ca.gov/aboutcrd/
Job Accommodation Network (JAN): https://askjan.org/
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