The FEHA provides more benefits and protections than the ADA and, in representing California employees, the Schlehr Law Firm will pursue claims under the FEHA when possible to ensure the strongest protections for our clients.
A disability under the FEHA is a physical disability or a mental or psychological condition that limits a major life activity. Protections under the FEHA are available to employees who are disabled and able to perform the essential functions of their job, regardless of whether the individual needs a reasonable accommodation.
Examples of disabilities include mobility impairments, visual or hearing impairments, cancer, HIV/AIDS, diabetes, depression, and anxiety. Of course, this is not an exhaustive list – the question is whether you have an impairment that limits a major life activity – including work.
The FEHA also prohibits employers from discriminating because the employer believes an employee is disabled or because an employee has a history of being disabled even if the employee is not currently disabled.