Definition Of Disability Under Feha

The laws also require employers housing providers and business establishments to make reasonable accommodations so that people with disabilities can perform.

Definition of disability under feha. P p to see how this might affect employers let 39 s get back to basics and take a look at what feha considers a disability. 1 she suffers from a mental disability. The new law greatly enahcned and broadened the definition of disability in both physical and mental cases. The california fair employment and housing act feha the unruh civil rights act and the disabled persons act are state laws that protect people from discrimination based on disability.

To establish a prima facie case of mental disability discrimination under feha a plaintiff must show the following elements. Employees can receive a c r and still sue under feha. Both physical and mental conditions can qualify as a disability under feha. And could also mean that more of these diagnoses meet the definition of disability under the law.

One area where both statues are alike however is that mitigating measures cannot be considered. 2 she is otherwise qualified to do the job with or without reasonable. Understanding feha s disability definition. The definition of workplace disability under feha is much more broad than many employees and employers realize.

It is important to note that the duty to reasonably accommodate arises under feha and under the americans with disabilities act ada and that feha protections against disability discrimination. Feha provides a little more protection for employees in this way. Employers of five or more are subject to the feha s prohibition against employment discrimination. Under feha employees with a condition that limits a major life function are protected regardless of whether the limitation is substantial.

An employer can be one or more individuals partnerships corporations or companies. By chris ceplenski mar 11 2014 hr management compliance. Ab 2222 expands the definition of disability under feha adopts a tough new standard for post offer pre employment medical exams. The feha applies to public and private employers labor organizations apprentice training programs employment agencies and licensing boards.

In situations where the definition of disability is not broader under feha than the ada feha incorporates the definition that would provide the broadest protections to the employee. A physical disability under feha includes any physiological disease disorder or condition that affects one or more bodily systems including neurological or. 26 feha s coverage is therefore always at least equal to the ada s.