ADA vs. FEHA: California Disability Employment Protections Compared
California employees may encounter two major laws when reading about disability discrimination at work: the federal Americans with Disabilities Act, commonly called the ADA, and California's Fair Employment and Housing Act, or FEHA.
Both laws prohibit disability discrimination and address reasonable accommodation, but they are not identical. They differ in employer-size coverage, how disability is defined, which agencies enforce them, and some aspects of the accommodation process.
This guide compares the two laws at a general level. It does not determine whether either law applies to a particular employee, employer, health condition, or workplace situation.
Quick Answer: What Is the Difference Between the ADA and FEHA?
The ADA is a federal civil rights law, while FEHA is California's state employment discrimination law. For private employment, FEHA generally covers employers with five or more employees, while the ADA generally covers employers with 15 or more employees.
California also uses a different disability standard. FEHA generally asks whether a physical or mental condition limits a major life activity, while the ADA uses the phrase substantially limits. Both statutes are intended to provide broad disability coverage, but the definitions and statutory language are different.
FEHA also expressly identifies failure to engage in a timely, good-faith interactive process as an unlawful employment practice in qualifying circumstances.
What Is the Americans With Disabilities Act?
The Americans with Disabilities Act is a federal civil rights law. Title I of the ADA addresses employment discrimination against qualified individuals with disabilities.
The U.S. Equal Employment Opportunity Commission explains that the ADA covers employment decisions including hiring, firing, compensation, assignments, promotions, training, benefits, and other terms and conditions of employment.
The EEOC enforces the federal employment provisions of the ADA.
What Is California FEHA?
The Fair Employment and Housing Act is California's principal employment civil rights law. It prohibits discrimination based on physical disability, mental disability, medical condition, and a range of other protected characteristics.
The current statutory protections appear in California Government Code Section 12940.
The California Civil Rights Department, or CRD, enforces FEHA. For a broader overview beyond disability issues, see JLG Lawyers' California FEHA guide.
ADA vs. FEHA: The Main Differences
1. Employer Size
One of the clearest differences is the number of employees generally required for the employment discrimination provisions to apply.
- California FEHA: generally applies to employers with five or more employees for employment discrimination purposes.
- Federal ADA: generally applies to employers with 15 or more employees.
That means some California workplaces can fall within FEHA's employment-discrimination coverage even when the federal ADA's private-employer threshold is not met.
2. How Disability Is Defined
The two laws use similar concepts but different statutory language.
Under the ADA, a disability can include a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.
The EEOC emphasizes that the ADA's definition is intended to be construed broadly and that an impairment does not have to prevent or severely restrict a major life activity to qualify as substantially limiting.
California's definition is different. Government Code Section 12926 defines qualifying physical and mental disabilities in terms of conditions that limit a major life activity. Under the statute, a condition limits a major life activity when it makes achievement of that activity difficult.
California law also broadly recognizes physical, mental, and social activities, as well as working, as major life activities.
3. California Separately Defines Medical Condition
Another important distinction is terminology. Under California law, "medical condition" is not simply another phrase for disability.
FEHA separately defines medical condition, physical disability, and mental disability. The statutory term medical condition has a narrower meaning involving cancer-related health impairments or history and certain genetic characteristics.
JLG Lawyers explains that distinction in more detail in Medical Condition Discrimination at Work.
4. Both Laws Address Reasonable Accommodation
Both the ADA and FEHA address reasonable accommodation for qualifying disabilities.
A reasonable accommodation is generally a workplace change that can allow a qualified applicant or employee with a disability to apply for a job, perform essential job functions, or access employment benefits and privileges.
Examples identified by government agencies include changes to work schedules or duties, leave, modified equipment, workplace accessibility changes, and reassignment to a vacant position in appropriate circumstances.
Neither statute requires an accommodation that meets the applicable standard for undue hardship. The analysis depends on the particular accommodation, employer, position, and circumstances.
The California Civil Rights Department's reasonable accommodation guidance provides a current overview of California's accommodation framework.
5. California Expressly Addresses the Interactive Process
California FEHA separately identifies failure to engage in a timely, good-faith interactive process as an unlawful employment practice when the statutory requirements are met.
The interactive process is generally a discussion aimed at identifying effective workplace accommodations based on the job and the individual's work-related limitations.
CRD explains that an employer may need to initiate the process when an applicant or employee requests accommodation or when the employer otherwise becomes aware of a possible need for accommodation.
6. Different Agencies Enforce the Laws
The laws also have different enforcement systems.
- FEHA is enforced by the California Civil Rights Department.
- The ADA's employment provisions are enforced by the U.S. Equal Employment Opportunity Commission.
Because state and federal protections can overlap, the same workplace situation can potentially involve both systems. This article does not address the procedural requirements or filing strategy for an individual matter.
Is FEHA Always Broader Than the ADA?
It is common to describe California's disability protections as broader than federal law in several important respects, particularly the lower employer-size threshold and California's definition of a condition that limits a major life activity.
However, saying that FEHA is always broader would be too simplistic. California Government Code Section 12926 expressly provides that if the ADA's disability definition would produce broader protection in a particular respect, that broader federal protection is incorporated into California's definition.
The two laws therefore overlap significantly while retaining distinct language and requirements.
What Does "Qualified Individual" Mean?
Disability discrimination laws distinguish between having a protected disability and being able to perform the essential functions of a particular job.
Under the ADA, a qualified individual generally must satisfy the legitimate requirements of the position and be able to perform its essential functions with or without reasonable accommodation.
California law similarly defines essential functions as the fundamental duties of a position rather than marginal functions and addresses the ability to perform those duties with reasonable accommodation.
What Are Essential Job Functions?
Essential functions are the fundamental duties of a job. They are different from duties that are merely marginal or incidental.
California law identifies several factors that can be relevant to whether a function is essential, including the employer's judgment, written job descriptions prepared before hiring, how much time is spent performing the function, and the experience of people who hold or previously held similar positions.
The concept matters because reasonable accommodation is generally designed to enable performance of essential job functions rather than eliminate the fundamental purpose of the position.
What Kinds of Disabilities Can Be Covered?
Disability protections are not limited to conditions that are immediately visible.
Physical impairments, mental health conditions, and conditions affecting major bodily functions can potentially fall within state or federal disability definitions when the applicable requirements are met.
The ADA can also cover conditions that are episodic or in remission when they would substantially limit a major life activity when active. California likewise directs that disability definitions be interpreted broadly.
For issues specifically involving psychological or psychiatric conditions, see JLG Lawyers' mental health discrimination at work guide.
How Is Disability Discrimination Different From Medical Condition Discrimination?
In everyday language, the phrases are often used interchangeably. California law treats them differently.
Physical disability and mental disability are broad statutory categories under FEHA. California's defined term "medical condition" is narrower and principally concerns cancer-related health impairments or history and genetic characteristics.
A particular workplace situation can involve more than one category, but the terms should not be treated as synonyms.
For the full distinction, see Medical Condition Discrimination at Work: A Guide for California Employees.
How This Applies to Employees in Los Angeles
FEHA is a statewide law, so its disability protections apply to covered employment throughout California, including Los Angeles County.
The federal ADA can apply at the same time when its coverage requirements are met. Employees in Los Angeles therefore work within both a California and federal disability-discrimination framework rather than a separate Los Angeles disability standard for these statewide and federal protections.
Where This Fits With JLG Lawyers' Other Disability Resources
This article focuses specifically on the differences between the ADA and FEHA rather than attempting to cover every aspect of disability discrimination.
For a general overview of the employment matters JLG handles, see our Medical and Disability Discrimination page.
Employees researching how disability discrimination can be evidenced can read How to Prove Disability Discrimination at Work.
A separate article addresses situations where employment ends after a health disclosure: Fired After Disclosing a Medical Condition?.
Frequently Asked Questions
Is FEHA the Same as the ADA?
No. FEHA is California law and the ADA is federal law. Both prohibit disability discrimination and address reasonable accommodation, but their coverage, definitions, enforcement systems, and statutory language are not identical.
Does FEHA Apply to More Employers Than the ADA?
For private employment discrimination, FEHA generally applies to employers with five or more employees, while the ADA generally covers employers with 15 or more employees.
Does California Use the ADA's "Substantially Limits" Standard?
California uses different statutory language. FEHA defines qualifying physical and mental disabilities in terms of conditions that limit a major life activity and explains that a condition limits an activity when it makes achievement of that activity difficult. The ADA uses the phrase substantially limits, which federal law directs to be interpreted broadly.
Do Both FEHA and the ADA Require Reasonable Accommodation?
Both laws contain reasonable-accommodation protections for qualifying individuals with disabilities, subject to their respective requirements and undue-hardship standards.
What Is the Interactive Process Under California Law?
The interactive process is a timely, good-faith discussion about possible effective accommodations. FEHA expressly identifies failure to engage in that process in qualifying circumstances as an unlawful employment practice.
Is a Medical Condition the Same as a Disability Under FEHA?
No. California separately defines physical disability, mental disability, and medical condition. The legal term medical condition is considerably narrower than the everyday use of that phrase.
Who Enforces FEHA and the ADA?
The California Civil Rights Department enforces FEHA, while the U.S. Equal Employment Opportunity Commission enforces the ADA's federal employment provisions.
About JLG Lawyers
JLG Lawyers represents employees throughout California in workplace matters involving disability and medical discrimination, accommodation, retaliation, wrongful termination, and related employment disputes.
You can review our Medical and Disability Discrimination information or book a free consultation.
This article provides general educational information about California and federal disability employment law. It is not legal advice and does not determine whether the ADA, FEHA, or any other law applies to a particular person, employer, condition, or workplace situation.