Cal. Code Regs. Tit. 9, § 10870 - Definitions

As used in this Article, the following terms shall apply:

(a) Disability. "Disability" means any condition or characteristic that renders a person a disabled person.

(b) Disabled Person. "Disabled person" means any person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment.

(c) Has a Record of Such an Impairment. "Has a record of such an impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

(d) Is Regarded as Having an Impairment. "Is regarded as having an impairment" means:

(1) Has a physical or mental impairment that does not substantially limit major life activities but is treated by a recipient as constituting such a limitation;

(e) Major Life Activities. "Major life activities" means functions necessary to be self-sufficient such as caring for oneself, walking, seeing, hearing, speaking, breathing, learning, and working.

(f) Physical or Mental Impairment. "Physical or mental impairment" means:

(1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or

(2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

(3) The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, and drug addiction and alcoholism.

(g) Qualified Disabled Person. "Qualified disabled person" means:

(1) With respect to employment, a disabled person who, with reasonable accommodation, can perform the essential functions of the job in question. The term does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents such person from performing the duties of the job in question or whose employment, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others; and

(2) With respect to other programs or activities, a disabled person who meets the essential eligibility requirements of such programs or activities.

Notes

Cal. Code Regs. Tit. 9, § 10870

Note: Authority cited: Section 11138, Government Code. Reference: Section 11135, Government Code.