Under California’s Fair Employment and Housing Act, a disability is any physical or mental condition that limits a major life activity, including working. That one-word standard is the key to the whole question of what counts as a disability under FEHA: the condition only has to make the activity difficult, not severely restrict it the way federal law requires.1California Legislative Information. California Code GOV 12926 – Definitions Because of that lower threshold, a much wider range of conditions qualifies in California than under the federal Americans with Disabilities Act, and qualifying triggers the right to equal treatment, reasonable accommodation, and protection from retaliation.
The FEHA Definition and Why “Limits” Matters
The ADA requires a condition to “substantially limit” a major life activity. FEHA drops the word “substantially.”1California Legislative Information. California Code GOV 12926 – Definitions A condition that makes a major life activity difficult is enough. Major life activities are read broadly: physical actions like walking or lifting, mental functions like concentrating, social activities, and working itself.
One technical point matters here. The limitation is assessed without accounting for medication, prosthetics, hearing aids, or other mitigating measures. If your condition would limit a major life activity without those aids, you qualify even if you function well with them.1California Legislative Information. California Code GOV 12926 – Definitions Workers with well-controlled diabetes, epilepsy, or depression are not pushed out of the definition just because treatment is working.
Physical Disabilities
A physical disability under FEHA is any physiological disease, disorder, condition, disfigurement, or anatomical loss that affects a body system and limits a major life activity. The statute names neurological, immunological, musculoskeletal, respiratory, cardiovascular, reproductive, and digestive systems among others.1California Legislative Information. California Code GOV 12926 – Definitions Back injuries, chronic pain conditions, repetitive strain injuries, hearing or vision loss, mobility impairments, and chronic illnesses all fit when they make a major life activity difficult.
Mental Disabilities
Mental disabilities include any mental or psychological disorder that limits a major life activity. The statute specifically lists intellectual disabilities, organic brain syndromes, emotional and mental illness, and specific learning disabilities.1California Legislative Information. California Code GOV 12926 – Definitions Depression, PTSD, bipolar disorder, anxiety disorders, and autism spectrum disorder fit within this category when the condition makes a major life activity difficult.
Medical Conditions, Perceived Disabilities, and a Record of Disability
FEHA has a separate “medical condition” category that specifically covers cancer and genetic characteristics that could lead to disease.2Civil Rights Department. Employment You do not need to show that the cancer limits a major life activity to be protected.
You are also protected if your employer merely perceives you as having a disability, even if you do not actually have one. If a manager treats you differently because they believe you have a back injury or a mental health condition, that is discrimination under FEHA whether or not the belief is accurate.1California Legislative Information. California Code GOV 12926 – Definitions Having a history or record of a qualifying condition is covered too, which matters for workers who have recovered from an illness but face assumptions about their reliability or health.
What FEHA Excludes
Both the physical and mental disability definitions carve out specific conditions. Excluded are compulsive gambling, kleptomania, pyromania, sexual behavior disorders, and substance use disorders caused by the current unlawful use of drugs.1California Legislative Information. California Code GOV 12926 – Definitions The word “current” in the substance use exclusion does real work. A recovered substance use disorder that no longer involves illegal drug use is not excluded. The carve-out targets active illegal conduct, not addiction history.
Which Employers Are Covered
Having a qualifying condition only matters if your employer is covered. FEHA’s disability discrimination protections apply to any employer who regularly employs five or more people, including state and local government agencies, with an exception for religious nonprofits.1California Legislative Information. California Code GOV 12926 – Definitions Harassment protections reach further and apply to employers with just one employee.3California Legislative Information. California Code GOV 12940 – Unlawful Employment Practices So at a very small company you may not have a discrimination claim, but you still have a harassment claim.
Protection runs through the full employment relationship. Hiring, promotion, pay, and termination are all covered, and applicants are protected alongside current employees.
What Qualifying as Disabled Gets You
Fitting the FEHA definition does three main things.
First, your employer cannot use the condition against you in any employment decision. That covers refusing to hire, denying a promotion, cutting pay, and firing.
Second, your employer must provide reasonable accommodations for the known disability so you can perform the essential functions of the job.3California Legislative Information. California Code GOV 12940 – Unlawful Employment Practices Common accommodations include modified schedules, ergonomic equipment or workspace changes, restructuring to remove non-essential tasks, a leave of absence with a foreseeable end date, and reassignment to a vacant position you are qualified for when nothing else allows you to stay in your current role. The employer pays the cost. The one defense is “undue hardship,” meaning significant difficulty or expense judged against the employer’s resources, size, and structure.1California Legislative Information. California Code GOV 12926 – Definitions The employer has to prove it with evidence, not simply object to the cost.
Third, once your employer knows an accommodation may be needed, both sides must engage in a timely, good-faith “interactive process” to figure out what will work.3California Legislative Information. California Code GOV 12940 – Unlawful Employment Practices Failing to engage is itself a violation, separate from any underlying discrimination. The duty is triggered by any indication an accommodation may be needed, including a verbal comment about trouble doing a task because of a medical condition. You can be asked to provide medical verification of the limitation, but you generally do not have to disclose the specific diagnosis. If the first accommodation does not work or your condition changes, the conversation picks back up.
Retaliation for requesting an accommodation is unlawful whether or not the request was granted.3California Legislative Information. California Code GOV 12940 – Unlawful Employment Practices You do not need to have filed a formal complaint to be protected. Simply asking a manager for a schedule change because of a medical condition is enough to trigger that protection.
If Your Rights Were Violated
You have three years from the date of the discriminatory act to file a complaint with California’s Civil Rights Department.4California Legislative Information. California Code GOV 12960 – Filing Complaints A limited extension of up to 90 additional days is available if you first learned about the discriminatory conduct during the 90 days after the standard deadline expired. Complaints are filed through the Cal Civil Rights System online portal or by mailing a printed form to a CRD regional office.5Civil Rights Department. Complaint Process Filing with CRD is a prerequisite to suing in court, so even if you intend to litigate, the complaint comes first.
Three years is a long window, but evidence erodes quickly. Witnesses move on, emails get purged, and memories fade. The sooner you document what happened, including dates, the names of people involved, and copies of any written communications, the stronger your position whether the case stays with CRD or moves to court.