Starting January 1, 2025, new Social Disability Insurance claims will offer higher benefits, covering up to 90% of wages for those earning under $63,000, according to the Employment Development Department of the state of California.
The California definition of disability is more inclusive and broader than the federal standard. Using California’s definition as a foundation, people with both physical and mental disabilities can be better protected in the Golden State. Under the California Fair Employment and Housing Act (FEHA), a disability is any physical or mental condition that makes a major life activity harder, even if it doesn’t prevent it.
Epilepsy, diabetes, anxiety, PTSD, and depression are all covered by the state’s broad definition of disability. Temporary, learning, pregnancy-related, and episodic or remission impairments that limit a major life activity are also included.
This article will look at what constitutes a disability in California law and how these definitions affect your rights and workplace entitlements.
Overview of California’s Fair Employment and Housing Act (FEHA)
For California job and housing problems, it’s important to understand the Fair Employment and Housing Act (FEHA). Discrimination based on disability, race, gender, or other factors is prohibited under this law.
Under FEHA, employers and landlords with five or more employees are required to provide equal opportunities and avoid discrimination. This policy allows people with disabilities to work and find housing without being limited by their disabilities.
In addition to FEHA’s civil rights and anti-discrimination protections in the workplace and housing industry, federal disability applicants can appeal denied SSDI or SSI claims through the Social Security hearing process. The outcomes of the Social Security hearing process, such as formal recognition of disability, can help a person’s FEHA claim by demonstrating that they have a qualifying condition and may require reasonable employment or housing accommodations.
Definition of Disability Under California Law
Under California law, a disability is broadly defined as any physical or mental condition that significantly limits a major life activity.
A disability, for example, is a condition affecting a person’s capacity to walk, see, or focus.
The law allows for the fact that people all depend on the variability and, thus, the severity and physical changes that can result from it. It takes into account whether the situation is permanent or transient.
The law recognizes disability as any significant limitation on a person’s usual activities.
Categories of Disabilities Recognized
California law has various categories of disability for the protection of individuals with different disabilities.
- Physical disabilities, such as limitations in mobility caused by injury or difficulties in carrying out day-to-day activities caused by chronic conditions.
- Mental disabilities include minor disorders such as depression and anxiety and developmental and autism spectrum disorders.
- California law also recognizes sensory disabilities, such as blindness and deafness, as disabilities. This classification includes learning disabilities, grossly disabling conditions, and medical illnesses, which may lead to a direct impairment in daily functioning.
Each category is associated with a specific set of difficulties for which it provides primary support and resources under California disability laws. The disability laws in the state allow everyone to have equal access to opportunities in various aspects of life.
Major Life Activities and Limitations
Major life activities actually refer to basic actions that a person does on a daily basis, such as walking, seeing, hearing, and working.
If a person’s impairment prevents them from performing such activities, they may be considered disabled under California law. The law further states that “major bodily functions” shall be considered part of the disability’s identification, including immune system functioning and neurological system functioning.
The victim’s limitations must have a significant impact on his or her daily life. This information can help you identify your disability, including immune system functioning and neurological systems, and request any necessary accommodations.
Rights and Protections for Individuals With Disabilities
In the state of California, the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA) prohibit discrimination against the disabled in employment, housing, and public services.
The right to reasonable accommodation refers to changes in a job or work environment that assist a disabled person in carrying out important job duties or accessing necessary services.
If you believe you have been harassed or wronged, you can file a written complaint under the FEHA with California’s Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing (DFEH).
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