Protected Disabilities

The California Fair Employment and Housing Act protects workers with both physical and mental disabilities.

Physical disabilities include bodily and sensory impairments such as blindness and carpal tunnel syndrome. The Act specifically mentions chronic or episodic conditions such as HIV/AIDS, hepatitis, epilepsy, seizure disorder, diabetes, multiple sclerosis, and heart disease. Other physical disabilities that may be protected are back conditions, polio, hypertension and high blood pressure, hypersensitivity to tobacco smoke. Obesity is not a physical disability. However, the underlying basis for the weight problem may be.

Mental disabilities can include mental retardation, mental illnesses, organic brain syndrome, learning disabilities. Clinical depression, bi-polar disorder, and ADHD are viewed as physical and mental disabilities.

Transvestitism, transsexualism, pedophilia, exhibitionism, voyeurism, compulsive gambling, and kleptomania or pyromania are not viewed as disabilities.

The law also protects persons with certain medical conditions from discrimination. Such medical conditions include cancer and genetic characteristics associated with a particular disease.deaf

To qualify as a disability, the condition must limit a major life activity (like walking, seeing, breathing, learning, working, etc.) without regard to medication and other corrective measures (wheelchairs, hearing aids, prosthetics, etc.). An employee is protected from discrimination who has no disability so long as he is "regarded as" disabled by his employer.

For a free consultation about disability discrimination at work with an experienced employee rights attorney, contact David Spivak:

The Spivak Law Firm is a full service employee rights law firm. David Spivak and his team are proud to represent aggrieved employees like you in the following matters:

For further information on your rights in the work place, please visit our other websites:

Wrongful termination
Sexual harassment
Unpaid wages and overtime
Family and medical leave
Pregnancy discrimination
Disability discrimination
Age discrimination
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