HR LibraryDisabilities and Accessibility

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Disability Definitions

Review this section to familiarize yourself with your obligations under federal and state disability law.

Types of Covered DisabilitiesTypes of Covered Disabilities
In California, a person is considered disabled if he/she exhibits one or more of the following characteristics:

"Limits" and "Substantially Limits" Defined"Limits" and "Substantially Limits" Defined
California law takes an expansive view of the definition of “disability.” Under FEHA, an individual need only be “limited” in performing a major life activity, not “substantially limited” as required under the federal ADA. FEHA specifically states that definitions of physical and mental disabilities are to be broadly construed.

"Major Life Activities" Defined"Major Life Activities" Defined
Impairments that limit “major life activities” and meet the legal definition of “disability” include impairments that cause inability or difficulty in:

Examples of DisabilitiesExamples of Disabilities
Both California and federal law broadly construe the definition of disability. You can’t discriminate against an applicant or employee based on either an actual or perceived disability.

Exclusions From DisabilityExclusions From Disability
The following conditions are specifically excluded from the ADA and FEHA definitions of disability:

"Record Of," "Regarded As" and "Perceived As" Defined"Record Of," "Regarded As" and "Perceived As" Defined
In addition to protecting individuals who have disabilities, disability discrimination laws also prohibit discrimination against individuals with a “record of” a disability, who are “regarded as” disabled, who are “perceived as” disabled, and who are “perceived as potentially” disabled.

Correctable Impairment May Be a DisabilityCorrectable Impairment May Be a Disability
Mitigating measures eliminate or reduce the symptoms or impact of an impairment.1

"Qualified Individual With a Disability" Defined"Qualified Individual With a Disability" Defined
Disability discrimination laws don’t protect individuals unless they’re “qualified” individuals.

"Essential Job Functions" Defined"Essential Job Functions" Defined
To determine if you must consider qualified disabled people for job openings and promotions, you must determine if the disabled person can perform the essential job functions.

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