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What disabilities are covered for Disability Discrimination in Anaheim and Orange County CA?

Both the Fair Employment Housing Act (FEHA) and the American with Disabilities Act (ADA) encompass many different disabilities.

The main categories are a physical disability, mental disability, or medical condition.

Visit our page here that discusses in detail the different Disabilities Covered

Physical Disabilities

These are the most common disabilities which sometimes result from an injury suffered at the workplace, or  outside of work such as an auto accident, or even something the employee has always dealt with.

“Physical Disability,” as defined at Government Code section 12926, includes, but is not limited to, having any anatomical loss, cosmetic disfigurement, physiological disease, disorder or condition that does both of the following:

(A) affects one or more of the following body systems: neurological;

immunological; musculoskeletal; special sense organs; respiratory, including speech

organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; circulatory; skin; and endocrine; and

(B) limits a major life activity.

[C) “Disability” includes, but is not limited to, deafness, blindness, partially or

completely missing limbs, mobility impairments requiring the use of a wheelchair,

cerebral palsy, and chronic or episodic conditions such as HIV/AIDS, hepatitis,

epilepsy, seizure disorder, diabetes, multiple sclerosis and heart disease.

Under Cal Gov Code § 12926 “Physical disability” includes, but is not limited to, all of the following:

(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:

(A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.

(2) Any other health impairment not described in paragraph (1) that requires special education or related services.

(3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.

(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.

(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).

(6) “Physical disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.

Mental Disability

Mental Disabilities may include such things as:

  • Anxiety
  • Depression
  • Bipolar disorder
  • Autism
  • Obsessive Compulsive Disorder

Under Cal Gov Code § 12926 “Mental disability” includes, but is not limited to, all of the following:

Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity.

Any other mental or psychological disorder or condition that requires special education or related services.

Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer.

Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.

“Mental disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.

More can be found here What’s Included under Mental Disability?

Medical Condition

Medical condition” is a term specifically defined at Government Code section 12926, to mean either:

(A) any cancer-related physical or mental health impairment from a diagnosis,record or history of cancer; or

(B) a “genetic characteristic,” as defined at Government Code section 12926.

“Genetic characteristics” means:

1) Any scientifically or medically identifiable gene or chromosome, or

combination or alteration of a gene or chromosome, or any inherited

characteristic that may derive from a person or the person’s family member,

2) that is known to be a cause of a disease or disorder in a person or the person’s offspring, or that is associated with a statistically increased risk of development of a disease or disorder, though presently not associated with any disease or disorder symptoms.

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