California ADA: What you need to know

The California Fair Employment and Housing Act (FEHA) prohibits employment practices that discriminate against an applicant or employee on the basis of an actual or perceived physical or mental disability or medical condition, unless the condition prevents the employee from performing the essential functions of the job or affects the health and safety of the individual or fellow employees. Effective January 1, 2012, FEHA prohibits employment discrimination based on an individual's genetic information. FEHA also prohibits harassment based on an actual or perceived protected characteristic. FEHA covers private employers with five or more employees and all public employers, except for the harassment provision that applies to all public and private employers, regardless of size (CA Gov. Code Sec. 12926).

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State employers.The California Employees' Disability Law requires state agencies to establish affirmative action programs for hiring people with disabilities (CA Gov. Code Sec. 19230).

To be protected under FEHA, an applicant or employee with a disability or medical condition must be able to perform the essential duties of the position with or without reasonable accommodation. When making a determination as to whether an individual has a disability, employers may not consider the ameliorative effects of mitigating measures such as hearing aids or a wheelchair. However, if the mitigating measures have a negative effect (e.g., side effects of medication), they should be taken into account. An employer may also refuse to hire an individual whose performance of the duties of the position would endanger his or her health or safety or the health or safety of others, even with reasonable accommodations.

Disability ...

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More on this topic:

Reasonable Accommodation
Interactive Process
Preemployment Inquiry
ADA Compared
Specific Conditions and Disabilities
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State Requirements

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California ADA Resources

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