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:
