California Law Broadens Coverage for Disabled
	A new California law goes beyond the federal Americans with Disabilities Act when determining who is considered disabled. Unlike the ADA, the California law states that "mitigating measures" (for example, use of a hearing aid or medication to control a condition) do not exclude people from being considered disabled. This is an important issue as most cases revolve around the definition of a disability. Further, while the federal statute defines a disability as a "substantial" limitation of a major life activity, the California law omitted the word "substantial." This stretches the meaning of disability so wide that employers' attorneys are deeply concerned about a flood of new lawsuits for very minor or correctable problems, such as the need to wear glasses. Employers are also now required to talk with their disabled employees about what reasonable accommodations need to be made for their particular disabilities. Most of these discussions are initiated by the employee, but in some cases an employer could be held liable if it does not start the discussion. If you have questions about the ADA, consult your lawyer.

Home | Intro | Résumé | Newsletter | Links | Contact

 

 

© 2004 Bell & Schneider, PLC