Law Office of Arkady Itkin
Law Office of Arkady Itkin - San Francisco Injury / Wrongful Termination Lawyer   Contact Us at (415) 295-4730
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Worplace Disabilities Protected by ADA & FEHA

worker with asthma protected ADA disability
One of the more important things to know about the workplace disability laws is that the definition of workplace disability under ADA and especially under California FEHA is very broad, and it includes many conditions that normally would not be considered a disability by general public. The legal definition of workplace disability include "any physical or mental condition that affect's a person's daily life activities". This means that such common conditions as Asthma, Diabetes, High Blood Pressure, Ulcer, Insomnia and many other common, but less than completely debilitating physical conditions are considered disabilities within ADA and FEHA, because they all affect major life activities, including breathing, moving, eating and digestion, and sleeping.  As far mental or psychological conditions - depression, OCD, PTSD, and bi-polar disorder or also protected disabilities. 

Thus, a worker who suffers from asthma may be entitled to a range of accommodations from having an air-purifier, to sitting closer to an open window or in different office to be away from pollutants. A person who suffers from diabetes might be entitled to taking breaks to take medication or insulin shots or have the necessary frequent meals to maintain acceptable blood sugar level. Likewise, a person with sleep apnea might be entitled to certain schedule modification or time off to undergo sleep study or treatment. A worker suffering from depression or similar psychological disability might be entitled to disability leave or certain reasonable adjustments or accommodations to his job duties or schedule to the extent it's feasible and helpful to dealing with depression symptoms. 

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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]