State reference · CA
California ADA + employment hiring law
Fair Employment and Housing Act (FEHA), Cal. Gov't Code § 12940 et seq.. Enforced by California Civil Rights Department (CRD, formerly DFEH). Federal ADA Title I (42 U.S.C. § 12112) applies in parallel.
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State statute
Fair Employment and Housing Act (FEHA) is codified at Cal. Gov't Code § 12940 et seq..
Prohibits employment discrimination on the basis of physical or mental disability, medical condition, and other protected classes. FEHA defines disability more broadly than the federal ADA in several respects.
Federal ADA Title I (42 U.S.C. § 12112) and EEOC implementing regulations (29 C.F.R. Part 1630) apply in parallel.
Enforcing agency
California Civil Rights Department (CRD, formerly DFEH)
Agency website: https://calcivilrights.ca.gov/
CRD has a worksharing agreement with the EEOC; charges are typically dual-filed.
Employer-coverage threshold
5+ employees under Cal. Gov't Code § 12926(d).
Pre-offer medical inquiries
California regulations restrict pre-offer medical inquiries under 2 Cal. Code Regs. § 11071.
Federal ADA pre-offer rules are codified at 42 U.S.C. § 12112(d)(2) and 29 C.F.R. § 1630.13(a). They prohibit medical examinations and inquiries about disability before a conditional offer.
Reasonable accommodation
Reasonable accommodation is required under Cal. Gov't Code § 12940(m).
Federal ADA reasonable-accommodation rules are codified at 42 U.S.C. § 12112(b)(5) and 29 C.F.R. § 1630.9.
Notable feature
California's FEHA defines "disability" to require only that an impairment "limit" a major life activity, a lower threshold than the ADA's "substantially limit" standard.
What this page is not
This page is a public-record reference to statutes and agencies. It is not a survey of California case law, an enforcement-history summary, or legal advice. Relevant case law and agency-guidance interpretations evolve. Consult qualified employment counsel for California-specific questions.
Related
Frequently asked questions
What is the primary employment-discrimination statute in California?
Fair Employment and Housing Act (FEHA), codified at Cal. Gov't Code § 12940 et seq.. Prohibits employment discrimination on the basis of physical or mental disability, medical condition, and other protected classes. FEHA defines disability more broadly than the federal ADA in several respects.
Which agency enforces employment-discrimination law in California?
California Civil Rights Department (CRD, formerly DFEH). CRD has a worksharing agreement with the EEOC; charges are typically dual-filed.
What employer-size threshold applies in California?
5+ employees under Cal. Gov't Code § 12926(d).
How does California interact with federal ADA Title I?
Federal ADA Title I (42 U.S.C. § 12112) applies to private employers with 15 or more employees nationwide. California employers also face the state-level statutory framework above. CRD has a worksharing agreement with the EEOC; charges are typically dual-filed.
Where can I read the California statute and agency materials?
Statute citation: Cal. Gov't Code § 12940 et seq.. Agency: California Civil Rights Department (CRD, formerly DFEH) at https://calcivilrights.ca.gov/. EEOC ADA Title I guidance is available at https://www.eeoc.gov/disability-discrimination.
Does California regulate pre-offer medical inquiries beyond the federal ADA?
California regulations restrict pre-offer medical inquiries under 2 Cal. Code Regs. § 11071.
Does California have a separate reasonable-accommodation requirement?
Reasonable accommodation is required under Cal. Gov't Code § 12940(m).
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