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What disabilities and conditions are protected?

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What kind of disabilities and medical conditions are protected from employment discrimination under the law?

California law defines a disability as any medical condition or disorder that limits an employee’s ability to work. A wide range of disabilities are protected from employment discrimination under the Fair Employment and Housing Act (FEHA).

The two main categories are physical disability and mental disability. The law also protects employees who have a medical condition. Medical conditions are those that are related to cancer or a genetic characteristic that could lead to the increased likelihood of developing a disease or disorder.

Physical disabilities which may be protected under law include but are not limited to diseases, bodily conditions, disfigurement and mobility impairments. Examples are loss of limbs, blindness, broken bones, heart disease, hypertension, epilepsy, back injuries and brain tumors.

Mental disabilities consist of psychological disorders such as mental retardation, learning disabilities, alcoholism, organic brain syndrome, depression or other conditions that require special education or related services. Compulsive gambling, kleptomania, sexual behavior disorders and others do not qualify for protection under the FEHA.

Employers are required to provide reasonable accommodation to qualified employees who are unable to perform the key tasks of their job due to a disability. They must also engage in an interactive process with the employee to discuss potential accommodations they can provide to enable the employee to do their job.

Examples of reasonable accommodation include extended leaves of absence, job restructuring, reassignment to a vacant position, modifying work schedules, modifying employer’s policies, altering when or how essential job functions are performed, buying tools or equipment to help the employee perform job tasks, or installing ramps in the workplace.

It is illegal for employers to discriminate against qualified employees who have disabilities in almost any aspect of employment. McCormack Law Firm has an extensive background helping people who have experienced disability discrimination on the job.

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I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.

Roger J.

This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.

Shanic M.

I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.

Ebi Z.

I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.

Peter S.

I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.

Husain N.

I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.

Kyle B.