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EMPLOYMENT LAW BULLETIN Vol. 01, No. 04 Courtesy of Eskridge Law, Attorneys at Law Definition of Disability: The definitions of "physical disability" and "mental disability," under California law require a "limitation" upon a "major life activity," but do not require a "substantial limitation," as does the ADA. Government Code § 12926.1. A disorder or condition limits a major life activity if it makes the achievement of the major life activity "difficult." It need not make it impossible - just difficult. "Major life activity" is to be broadly construed to include physical, mental, social activities and working. Government Code § 12926(k). What this means is, if a physical or mental condition makes working, social activities, physical or mental activities difficult, it is a disability under California law. Mitigating Measures Are Irrelevant: Under California law, "whether a condition limits a major life activity shall be determined without respect to any mitigating measures, unless the mitigating measure itself limits a major life activity." Government Code § 12926.1. Disabilities Can Be Actual or Perceived: The California legislature has also made it clear that the definitions of physical disability and mental disability are intended to protect employees against discrimination due not only to an actual disability -- but also to a perceived physical or mental disability. Government Code § 12926.1(c). In other words, if you discriminate against someone because you perceive that they have a mental disability, but they actually do not, that is still unlawful discrimination. Call an Attorney! It is important that an employer consult a knowledgeable attorney to explain the ramifications and requirements set forth by both the federal Americans with Disabilities Act of 1990, and the California state laws on disability. Eskridge Law, Attorneys at Law, may be contacted by phone (310/792-7021), by fax (310/792-7022) or by e-mail (geskridge@ealaw.net). Please visit our web site at ealaw.net or employmentattorneys.net.
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