What Qualifies as a Disability Under FEHA?

Under California’s Fair Employment and Housing Act (FEHA), a disability is any physical or mental condition that limits a major life activity, meaning it makes that activity harder for you, not impossible. Working counts as a major life activity, and your condition is judged without the benefit of medication or other measures that help you manage it. If your employer treats you as disabled when you are not, that is protected too.

The legal definition, in plain English

FEHA’s definitions live in Government Code §12926. A physical disability is any physiological disease, disorder, condition, cosmetic disfigurement or anatomical loss that affects a body system, such as the neurological, immune, musculoskeletal, respiratory, cardiovascular, reproductive, digestive, skin or endocrine systems, and that limits a major life activity.

A mental disability is any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or a specific learning disability, that limits a major life activity.

Three rules make the definition broad:

• “Limits” means “makes difficult.” A condition limits a major life activity if it makes achieving that activity difficult.
• Mitigating measures don’t count against you. Whether you are limited is decided without regard to medications, assistive devices, prosthetics or reasonable accommodations, unless the measure itself limits a major life activity. Well-controlled diabetes or epilepsy can still be a disability.
• Major life activities are read broadly. They include physical, mental and social activities and working. State regulations list examples such as reading, concentrating, thinking, communicating and interacting with others.

How FEHA compares with the federal ADA

The Legislature has said California’s protections are independent of, and broader than, the ADA (Gov. Code §12926.1). If a condition qualifies under the ADA, it will generally qualify under FEHA, but not always the other way around. The federal damages caps are listed on the EEOC’s remedies page. For more on filing choices, see where to file: the CRD or the EEOC.

Conditions that often qualify

Whether a condition qualifies depends on how it affects you, so there is no complete list. The Legislature has specifically named chronic or episodic conditions such as HIV/AIDS, hepatitis, epilepsy, seizure disorder, diabetes, clinical depression, bipolar disorder, multiple sclerosis and heart disease. Other conditions that often qualify include:

• Physical: back and joint injuries, arthritis, asthma, chronic pain, hearing or vision loss, autoimmune disorders, migraines, and recovery from a serious injury or surgery.
• Mental and developmental: anxiety disorders, PTSD, depression, ADHD, dyslexia and other learning disabilities.
• Episodic conditions: a condition that flares up or is in remission is a disability if it would limit a major life activity when active.

Example (hypothetical): Daniel, a warehouse lead, has a back injury that makes lifting and sitting for long stretches difficult. He can still do most of his job. Under FEHA, the condition may qualify as a disability because it makes lifting harder, even though it doesn’t stop him from working.

What usually does not qualify

• Mild, short-lived conditions. State regulations exclude mild conditions that don’t limit a major life activity, such as the common cold or non-migraine headaches, judged case by case.
• Statutory exclusions. FEHA excludes sexual behavior disorders, compulsive gambling, kleptomania, pyromania, and substance use disorders resulting from current unlawful drug use.

A short-term condition is not automatically excluded. A serious injury that limits you for several months may qualify. The question is whether the condition actually makes a major life activity difficult.

Related protections: perceived disability, record of disability and medical condition

• Regarded as disabled. FEHA protects you if your employer regards or treats you as having a disabling condition, even if you don’t have one. A manager who assumes you can’t handle your job after medical leave, and demotes you for it, may be acting on a perceived disability.
• Record or history. A past condition your employer knows about, such as a prior cancer diagnosis or a past mental health hospitalization, is protected.
• Potential disability. If your employer treats you as having a condition that has no current disabling effect but may become disabling later, that is also covered.
• “Medical condition.” FEHA separately protects health impairments related to cancer or a history of cancer, and genetic characteristics.
• Pregnancy. Pregnancy and related conditions are protected as sex discrimination and through pregnancy disability leave. See our guide to pregnancy disability leave.

What your employer must do once it knows

FEHA makes it unlawful for an employer with five or more employees to:

• Fire, refuse to hire, demote or otherwise discriminate against you because of a disability (Gov. Code §12940(a)).
• Fail to make reasonable accommodation for a known disability, unless it would cause undue hardship (§12940(m)(1)).
• Retaliate against you for requesting an accommodation (§12940(m)(2)).
• Fail to engage in a timely, good-faith interactive process after you request an accommodation (§12940(n)).

Accommodations can include modified schedules, remote work, ergonomic equipment, restructured duties, reassignment to a vacant position, or a period of leave. An employer may lawfully end employment only if you can’t perform the essential duties of the job even with reasonable accommodation, or can’t do so safely. Learn more about the interactive process and how to request an accommodation.

Steps to protect yourself

1. Tell your employer in writing. You don’t need magic words or a full diagnosis. Say that you have a medical condition and describe the limitation and what would help.
2. Provide reasonable medical support. A doctor’s note describing your restrictions is usually enough. You generally don’t have to share your full medical history.
3. Keep a record. Save emails, texts, doctor’s notes, accommodation requests and responses, performance reviews and a log of conversations with dates.
4. Watch the timing. Discipline, a sudden poor review or termination soon after a request or medical leave can be evidence of discrimination or retaliation.
5. Know your deadlines. You generally have three years from the last harmful act to file with the CRD and one year from your right-to-sue notice to file a lawsuit. See how to file a CRD complaint.

Remedies if your rights are violated

According to the Civil Rights Department, FEHA remedies can include back pay, reinstatement, damages for emotional distress, punitive damages in some cases, and attorney’s fees. If you were fired, see fired because of a disability: what to do next.

Frequently asked questions

Do I need a formal diagnosis to be protected?

Not necessarily. The question is whether a physical or mental condition limits a major life activity. Medical documentation helps you request accommodations and prove your claim, so it’s wise to see a provider.

Is anxiety or depression a disability under FEHA?

It can be. Clinical depression is specifically named by the Legislature, and anxiety disorders often qualify when they make concentrating, sleeping, interacting with others or working more difficult.

Does a temporary injury count?

It may. Mild, short-lived conditions like a cold generally don’t qualify, but a serious injury or recovery from surgery that limits a major life activity can.

What if my condition is controlled with medication?

FEHA looks at your condition without the medication, unless the medication itself limits you. A well-managed condition can still be a disability.

My employer has only eight employees. Am I covered?

Yes. FEHA’s disability discrimination and accommodation rules apply to employers with five or more employees, even though the ADA would not cover an employer that size.

Talk to a California employment lawyer

Employees First Labor Law represents workers exclusively. If you were denied an accommodation or treated differently because of a health condition, we offer free virtual consultations to review your options. Contact us or call (310) 853-3461.

This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.