FEHA’s definition of disability is notably broader and more inclusive than federal disability laws, reflecting California’s commitment to comprehensive protection for individuals with impairments. The Act recognizes three main categories: physical disability, mental disability, and medical condition, each with specific legal definitions and protections.
Physical Disability under Government Code Section 12926(m)(1) includes any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that both affects one or more specific body systems and limits an individual’s ability to participate in major life activities. The affected body systems include neurologic, immunological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin and endocrine systems.
The Legislature has mandated that “physical disability” be construed broadly so that applicants and employees are protected from discrimination due to actual or perceived physical impairment that is disabling, potentially disabling, or perceived as disabling or potentially disabling. By statute, physical disabilities specifically include chronic or episodic conditions such as HIV/AIDS, hepatitis, epilepsy, seizure disorder, diabetes, multiple sclerosis, and heart disease.
Mental Disability encompasses “any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities” that limits a major life activity. FEHA regulations identify specific conditions including clinical depression, bipolar disorder, emotional or mental illness, intellectual or cognitive disability, organic brain syndrome, specific learning disabilities, autism spectrum disorders, schizophrenia, and chronic or episodic conditions such as post-traumatic stress disorder and obsessive compulsive disorder.
Medical Condition under Government Code Section 12926(i) means either cancer (health impairments related to or associated with a diagnosis of cancer or a record or history of cancer) or genetic characteristics (scientifically or medically identified genes or chromosomes that are known to cause or increase the risk of developing a disease or disorder).
A crucial distinction of FEHA is that a physical or mental condition need only “limit” a major life activity rather than “substantially limit” it as required under federal law. This distinction results in broader coverage for individuals with disabilities who might not qualify for federal protections. Whether a condition “limits” a major life activity is determined “without respect to any mitigating measures” unless the measure itself limits a major life activity.
FEHA’s definition also encompasses individuals with a record or history of physical or mental disability known to the employer, and those who are “regarded as” disabled by the employer. This includes being regarded as having a condition that currently has no disabling effect but may become an impairment limiting the individual’s ability to participate in major life activities.
Major Life Activities under FEHA are broadly construed and include physical, mental and social activities and working. Critically, “working is a major life activity, regardless of whether the actual or perceived working limitation implicates a particular employment or a class or a broad range of employments.” This means exclusion from a single job with a single employer constitutes a limitation on “working,” making FEHA much broader than federal law.
The law specifically excludes certain conditions from disability protection, including “sexual behavior disorders,” compulsive gambling, kleptomania, pyromania, and psychoactive substance use disorders resulting from current unlawful use of controlled substances. Additionally, “mild” conditions with little or no residual effects that do not limit a major life activity are excluded, such as the common cold, seasonal influenza, minor cuts and sprains, non-migraine headaches, and minor gastrointestinal disorders.