158 | 2024 Cal-Peculiarities ©2024 Seyfarth Shaw LLP www.seyfarth.com Even under the new expanded federal definition, however, not all impairments are necessarily disabilities. For example, specifically excluded from the federal definition of disability are visual impairments that can be corrected by eyeglasses or contact lenses.48 California definition of disability. Going beyond federal law, California law defines physical or mental disability very broadly, to include any condition that merely “limits” a major life activity, in the minimal sense that the condition makes achievement of the major life activity “difficult.”49 The California definition of disability: makes certain conditions disabilities by definition—conditions such as autism spectrum disorders, bipolar disorder, blindness, cerebral palsy, clinical depression, deafness, diabetes, epilepsy, heart disease, HIV/AIDS, hepatitis, multiple sclerosis, obsessive compulsive disorder, organic brain syndrome, post-traumatic stress disorder, schizophrenia, and seizure disorder,50 covers not only impairments, but conditions,51 considers the limitation on a major life activity without regard to any mitigating measures such as medications, prosthetics, assistive technology, or reasonable accommodations,52 considers “major life activity” to include sleeping, thinking, and interacting with others,53 and considers “major life activity” to include any job, with the result that an individual with a condition preventing the performance of a particular job has a disability even if that individual can perform many thousands of other jobs.54 The Court of Appeal has held that severe obesity can be a disability under California law if it has a physiological cause,55 and a defendant challenging the disability status of a plaintiff’s obesity condition must present scientific or expert evidence that the obesity lacked a physiological cause.56 California also protects an employee’s association with persons who have disabilities.57 For example, the Court of Appeal held that a plaintiff could sue for association-based disability and wrongful termination when he was fired after informing his employer that he would be donating a kidney to his sister, who had a disability (kidney failure).58 6.3.2 Disability-related inquiries California law, like federal law, prohibits pre-employment disability-related inquiries and medical testing. Accordingly, California employers cannot ask applicants about any physical disability, mental disability, or medical condition, or about the severity of a physical disability, mental disability, or medical condition.59 Nor can California employers seek information to confirm the nature of a medical condition.60 Notwithstanding these prohibitions, California employers may ask about the ability of applicants to perform job-related functions, may respond to applicant requests for reasonable accommodation,61 and may require a post-offer medical or psychological examination.62 Ban on “psychological” examination. While federal law forbids only all medical examinations that precede a job offer,63 California explicitly forbids pre-employment medical examinations and psychological examinations, subject to the exemptions below.64
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