Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

On October 20, 2007, Keith Chrestionson and Alex Hernaez of Kauff McClain & McGuire LLP gave a presentation in San Francisco, CA on leave laws to human resource professionals.

Whether someone is disabled, does it matter whether the person is able to not be disabled if he/she had mitigating measures such as glasses or hearing aids?

Under the federal law, a person is not considered disabled if he/she is not disabled with the help of mitigating measures such as glasses.

Under California law, a person is disabled even though there is not a substantial limitation on a major life activity.  Everyone has some limitations so everyone may be considered disabled in California.  The California law does not consider mitigating measures.  Generally, the employer in California does not argue whether someone is disabled.  The employer in California should always consider reasonable accommodations.

California and federal laws have exclusions from the definition of disability.  For example, someone who always has to use online porn sites cannot call him/herself disabled.