What is a disability under the law?

What is a MAJOR LIFE ACTIVITY

Under California law, “major life activity” means those activities that are of central importance to daily life. Under California law, major life activities include any physical, mental, and social activities, and working. Examples of these activities include taking care of yourself, performing manual tasks, seeing, hearing, walking, learning, and working.

California law defines a disability as any physical or mental impairment that limits one or more of your major life activities (such as walking, talking, working, or taking care of yourself).[2047]

What counts as a physical disability in California?

A physical impairment is any disease, physical disorder, physical condition, or disfigurement that:

    Affects one or more of your body systems (i.e. your heart, your eyes) or functions (i.e. breathing, speaking); AND
    Limits a major life activity.[2048]
What counts as a mental impairment?

A mental impairment is any mental or psychological condition that limits a major life activity. Examples of mental impairments are:

    Intellectual disabilities

Examples of physical disabilities:

    Deafness, blindness, missing limbs (leg, arm, finger, foot, etc.), using a wheelchair, and any bodily condition that limits your ability to see, hear, walk, talk, move around, work, or take care of yourself.Diseases like HIV/AIDS, epilepsy, diabetes, heart disease, cancer, or other medical conditions that limit your ability to see, hear, walk, talk, move around, work, or take care of yourself.
    Brain disease
    Emotional or mental illnesses (such as schizophrenia, bipolar disorder, or clinical depression)
    Learning disabilities
    Any other mental or psychological condition that requires special attention or services (such as autism, obsessive compulsive disorder, or PTSD).[2049]

IMPORTANT: Disabilities based on substance abuse

!

Under state and federal law, the following conditions are considered disabilities that are protected against discrimination:

    PAST drug addiction (NOT current drug use)[2050]Alcoholism (past or present)[2051]

If you were or currently are affected by either of these conditions, you are protected against discrimination based on your condition, and employers are required to make “reasonable accommodations” for your condition.

    BUT it will NOT count as a protected disability IF:You are currently using illegal drugs; ORYou use drugs or alcohol at work in violation of the employer’s rules or policies.[2052]
  1. 2047

    Cal. Gov’t Code §§ 12925-12928. ↑

  2. 2048

    Cal. Gov’t Code §§ 12925-12928. ↑

  3. 2049

    Cal. Gov’t Code §§ 12925-12928. ↑

  4. 2050

    42 U.S.C. §§ 12114(a)-(b), 12210; Cal. Gov’t Code § 12926; 2 Cal. Code Regs. § 7293.6. ↑

  5. 2051

    Crewe v. U.S. Office of Personnel Mgmt, 834 F. 2d 140 (8th Cir. 1987). ↑

  6. 2052

    42 U.S.C. § 12114(a),(c); 2 Cal. Code Regs. § 7294.2(d)(2). ↑