In our previous post, we discussed various forms of workplace discrimination. Specifically, we explained that California labor law protects employees from discrimination based on age, race, color, national origin, ethnicity, and religion. Today, we focus on one of the most frequently occurring forms of discrimination: discrimination based on physical or mental disabilities.
Many individuals with physical disabilities are part of the workforce. In fact, not only current employees but also job applicants are protected from discrimination on the basis of physical disability. So how can someone establish that they have a qualifying physical disability? Typically, three conditions must be met:
1. The individual must have a physical impairment, physiological disease, or medical condition.
2.The condition must affect one or more of the body’s major systems, such as neurological, immunological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, hematological and lymphatic, skin, or endocrine systems.
3. The condition must substantially limit one or more major life activities. “Major life activities” are interpreted broadly and include essential tasks such as walking, eating, and sleeping, as well as social and professional functions.
In addition, California law specifically recognizes certain conditions as physical disabilities. These include hearing and vision impairments, loss of limbs, disabilities requiring the use of a wheelchair, cerebral palsy, HIV/AIDS, hepatitis, epilepsy, seizure disorders, diabetes, multiple sclerosis, and heart or circulatory conditions.
Mild or temporary conditions do not qualify as disabilities. Common colds, the flu, minor cuts or bruises, sprains, muscle aches, migraines, and stomach disorders are generally excluded.
Mental disabilities are treated similarly to physical disabilities and refer to conditions that significantly limit a person’s ability to perform major life activities. As with physical disabilities, both employees and job applicants are protected from discrimination on the basis of mental disabilities. Importantly, just as with racial discrimination, if an employer mistakenly believes an employee has a mental disability and treats them adversely based on that assumption, it may still constitute unlawful discrimination.
Qualifying mental disabilities under California law include psychological or mental conditions such as mental illness, intellectual or cognitive disabilities, specific learning disabilities, autism spectrum disorders, schizophrenia, depression, bipolar disorder, post-traumatic stress disorder, and obsessive-compulsive disorder.
However, California law specifically excludes certain conditions from legal protection as mental disabilities. These include compulsive gambling, kleptomania, pyromania, substance abuse resulting from illegal drug use, pedophilia, exhibitionism, and voyeurism.
JUSTICE FOR WORKERS, P.C. is a law firm dedicated exclusively to representing plaintiffs, that is, workers, in matters related to labor law and workplace injuries. For a free consultation, please contact us at (323) 922-2000. We have offices located in both Los Angeles and Orange County. If we take on your case, you will not be required to pay us anything unless and until we secure compensation on your behalf.
