Under both the FEHA and the ADAAA, whether a condition constitutes a disability is determined without the consideration of mitigating measures unless the mitigating measure itself limits a major life activity.1
Mitigating measures eliminate or reduce the symptoms or impact of an impairment.2 They can include — but are not limited to — medication, medical equipment and devices, prosthetics, hearing aids, low vision devices, mobility devices, assistive animals (such as guide dogs), psychotherapy, behavioral therapy, physical therapy and surgical interventions that do not permanently eliminate an impairment and reasonable accommodations.3
Mitigating measures may affect the reasonable accommodation process. For example, a mitigating measure may eliminate the need for a reasonable accommodation. For more information, see Reasonable Accommodation of Disabilities.
1. 2 CCR 11065(l)(3)(C); 29 CFR 1630.2(j)(1)(vi)
2. 29 CFR 1630.2(j)(5)
3. 2 CCR 11065(n)