Legal Rights of Persons ‘with Disabilities
EMPLOYMENT
This chapter discusses state and federal statutes which promote access to employment opportunities for individuals with disabilities.
I. STATE LAW
The Fair Employment and Housing Act (FEHA) protects the right of individuals to seek, obtain, and hold employment without discrimination on the basis of physical or mental disability or medical condition. It also prohibits retaliation against a person who has opposed unlawful discriminatory practices under the FEHA or participated in an investigation into unlawful employment practices. (Gov. Code, ' 12940, subd. (h).) The FEHA also prohibits harassment on the basis of a person=s disability. (Gov. Code, ' 12940, subd. (j).)
A. Definition of Disability and Medical Condition
1. Disability
The definition of "disability" under the FEHA includes both physical and mental disabilities.
a. Physical disability
Physical disability includes having any physiological disease, disorder, condition, cosmetic disfigurement or anatomical loss, or having a record of such impairment, or being regarding as having or having had such an impairment, that: