Employment Disability

Physical impairment or deformity has always been utilized as a basis for employing an individual, although it must not be the case the same cannot be denied. Physically challenged individuals, under Employment Disability rules, who despite of their disability can still perform the duty incumbent upon them as compared to any other individual must not be the subject of Employment Disability discrimination on that basis alone.

Legislations, which include California’s Fair Employment and Housing Act, in line with the Federal Americans with Disabilities Act (ADA) abhors Employment Disability discrimination, and consequently provides the protection afforded to employees with disabilities who are on equal footing with those not suffering from any. These legislations compel the employers to make reasonable accommodations that would pave the way for disabled employees to perform a given task’s essential elements.

Although, the law does not in any way guarantee an employment for disabled people, this Employment Disability law operates as a protection for employees who can competently perform their essential functions from being unlawfully discriminated against on the sole basis of their disability.

On the one hand, physical disability under Employment Disability rules is construed as, a physical or mental impairment that limits substantially one or more of life activities of an individual. Under California law, on the other hand, Employment Disability is considered as any disability which limits a major life activity, not using “substantially limit” as explicitly required under the federal law.