"Limits" and "Substantially Limits" Defined

California law takes an expansive view of the definition of “disability.” Under FEHA, an individual need only be “limited” in performing a major life activity, not “substantially limited” as required under the federal ADA. FEHA specifically states that definitions of physical and mental disabilities are to be broadly construed.¹ Under FEHA, a mental or psychological disorder or condition limits a major life activity if it makes achieving a major life activity “difficult.”²

California’s disability regulations clarify that determining whether a disorder makes a life activity “difficult” requires an individualized assessment. Employers should consider