The following conditions are specifically excluded from the ADA and FEHA definitions of disability:1

  • Voyeurism;
  • Exhibitionism;
  • Pedophilia;
  • Compulsive gambling;
  • Kleptomania;
  • Pyromania; and
  • Psychoactive substance use disorders that result from the current illegal use of drugs.

Conditions that are mild, don’t limit a major life activity, and have little or no residual effects are not disabilities. A determination must be made on a case-by-case basis. Examples include:

  • The common cold or flu;
  • Minor cuts;
  • Sprains, aches and bruises;
  • Non-migraine headaches; and
  • Minor and non-chronic gastrointestinal disorders.2

The ADA doesn’t protect unacceptable conduct that stems from a disability, such as loud, abusive behavior that results from alcoholism.3


1. 42 U.S.C. 12211; Gov’t. Code sec. 12926

2. 2 CCR sec. 11065 (d)(9)(B)

3. Newland v. Dalton, 81 F.3d 904 (9th Cir. 1995)