Pursuant to recent amendments to the
California Fair Employment and Housing Act (FEHA) employers with workers
employed in the State of California have obligations to disabled employees and
applicants that go beyond those provided under the federal counterpart, the
Americans with Disabilities Act. (ADA). The amendments, which became effective
January 1, 2001, affect several aspects of the law. Here are the
highlights of the new law.
At the outset, the definition of
“disability” is much broader than under federal law. While federal law
defines “disability” as one which “substantially limits” a major life
activity, under the amended California law, a “disability” need only
“make a major life activity difficult.” The amendment also specifically
provides that a mental disability, like a physical disability, must limit a
major life activity to qualify for protection. The new law also broadens the
concept of “major life activity” to include
