Disabilities (ADA): California
Page Contents
- California
- Summary
- California Disability Discrimination Laws
- California's Fair Employment and Housing Act (FEHA) - Mental and Physical Disability Discrimination
- Covered Employers
- What Is a Disability?
- Major Life Activities
- Mitigating Measures
- Exclusions from Coverage
- Duty to Accommodate
- How to Engage in the Interactive Process
- What Is a Reasonable Accommodation?
- What Is Not a Reasonable Accommodation?
- Denying an Accommodation
- Failure to Engage in the Interactive Process
- Confidentiality
- Medical Examinations/Inquiries
- California's Fair Employment and Housing Act - Discrimination Based on Pregnancy
- HIV or AIDS Test Results
- Genetic Information
- California's Enforcement Agencies
- California Local Ordinances
- San Francisco
- Santa Cruz
- Los Angeles
- Future Developments
- Additional Resources
The below content should be reviewed in conjunction with the in-depth federal coverage of this topic provided above.
Author: Natasha L. DeCourcy, Patrick F. Martin and Helene J. Wasserman, Littler Mendelson, PC
Summary
- In addition to the federal equal opportunity laws, most California employers must comply with a number of state and local antidiscrimination statutes, including the Fair Employment and Housing Act (FEHA), the California Labor Code and the California Code of Regulations. See California Disability Discrimination Laws.
- In addition to covering discrimination based on physical and mental disabilities, the FEHA prohibits discrimination based on medical conditions. A medical condition is defined as a condition relating to cancer or to genetic characteristics. See California's Fair Employment and Housing Act (FEHA) - Mental and Physical Disability Discrimination.
- The FEHA prohibits discrimination based on pregnancy, childbirth and related conditions as well as physical and mental disabilities. See California's Fair Employment and Housing Act - Discrimination Based on Pregnancy.
- California Health and Safety Code section 120980(f) provides that the results of a blood test detecting whether an individual has been exposed to the HIV virus shall not be used to determine insurability or suitability for employment. See HIV or AIDS Test Results.
- An employer may not test an applicant or employee for the presence of a genetic characteristic. +Cal. Gov. Code § 12940. See Genetic Information.
- California cities contain numerous local rules and regulations that govern disability discrimination. See California Local Ordinances.
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