• Has a physical or mental impairment that limits one or more of the major life activities.1
• Has a record of an impairment.2
• Is regarded as having an impairment.3
• Is regarded or treated by the employer as having a condition that is not presently disabling but may become a physical disability.4
• Has any health impairment that requires special education or related services.5

The definition of “disability” in California includes:6

• Mental disabilities that limit a major life activity. Examples include:
• Emotional or mental illnesses.
• Cognitive disabilities.
• Clinical depression.
• Bipolar disorder.
• Autism spectrum disorders.
• Schizophrenia.
• Post-traumatic stress disorder.
• Obsessive compulsive disorder.
• Physical disabilities, including, but not limited to, having any anatomical loss; cosmetic disfigurement; or physiological disease, disorder or condition that does both of the following:
• Affects one or more of the following body systems: neurological; immunological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; circulatory; skin; and endocrine; and
• Limits a major life activity.7

Examples of physical disabilities include:

• Blindness.
• Deafness.
• Missing limbs.
• Mobility impairments.
• Cerebral palsy.
• Conditions such as HIV/AIDS, hepatitis, epilepsy, diabetes, multiple sclerosis and heart disease.
• Special Education disabilities, such as significant difficulties in the use of listening, speaking, reading writing, reasoning or mathematical abilities.8 Examples include:
• Brain injury.
• Dyslexia.
• Developmental aphasia.
• A record or history of disability. This includes individuals who may not be currently disabled, but who previously suffered an impairment.9
• Perceived disabilities. Individuals may fall into this category if their employers regard them as having, or having had, any mental or physical condition that makes achievement of a major life activity difficult.10
• Perceived potential disabilities. Individuals may fall into this category if their employers regard them as having or having had a physical or mental condition that has no present disabling effect, but which may become a disability in the future.11 For more information on perceived and perceived potential disabilities, see "Record Of," "Regarded As" and "Perceived As" Defined.
• Medical conditions, including cancer-related impairments or genetic characteristics that put an individual at increased risk for disease or disorder.12

• Both FEHA and the ADA prohibit employers from discriminating against an employee because of that individual’s association with a person who has, or is perceived to have, a disability. For more information, please see Disability Association Claim.

California’s disability regulations also define “disability” as any matter covered by ADA or the ADAAA that offers broader protection than California law.13

Correctable physical or mental impairments may be considered disabilities under FEHA and the ADA. For more information, see Correctable Impairment May Be a Disability.

• FEHA considers a person disabled if the individual is limited in one or more of the major life activities, rather than substantially limited in those activities, as defined by the ADA. Under FEHA, a mental or psychological disorder or condition limits a major life activity if it makes achieving the major life activity “difficult.”

1. 42 U.S.C. 12102 (1)(A) and Govt. Code sec. 12926 (m)(1)(B)

2. 42 U.S.C. 12102 (1)(B) and Govt. Code sec. 12926 (m)(3)

3. 42 U.S.C. 12102 (1)(C) and Govt. Code sec. 12926 (m)(4)

4. 42 U.S.C. 12102 (3) and Govt. Code sec. 12926 (m)(5)

5. Govt. Code sec. 12926 (m)(2)

6. 2 CCR sec. 11065 (d)

7. 2 CCR sec. 11065 (d)

8. 2 CCR sec. 11065 (d)(3)

9. 2 CCR sec. 11065 (d)(4)

10. 2 CCR sec. 11065 (d)(5)

11. 2 CCR sec. 11065 (d)(6)

12. 2 CCR sec. 11065 (d)(7)

13. 2 CCR sec. 11065 (d)(8)