What is considered a disability in the state of California?

According to the U.S. Census Bureau Americans with Disabilities 2010 Report, there are 56.7 million people living with a disability in the United States, which works out to nearly 1 in 5 Americans.

With such a large number, it is likely that your workplace encounters applicants and employees with some form of a disability.

In California, disability is defined by the Fair Employment and Housing Act (FEHA) as an actual or perceived physical or mental disability or medical condition that is disabling, potentially disabling or perceived to be disabling or potentially disabling, which limits a major life activity.

A few examples of covered disabilities include:

• Anatomical loss
• Reproductive
• Digestive
• Mental illness
• Learning disabilities
• AIDS
• Obsessive compulsive disorder
• Diabetes
• Cancer

If you employ five or more employees then you are considered a covered employer under the FEHA, which means that you cannot discriminate or harass an applicant or employee for an actual or perceived disability.

To find out more about what is considered discrimination, give us a call. We’re available to answer any questions you may have.