An employee is deemed to have a physical disability when the employee has a physiological condition that “limits a major life activity” or makes engaging in a major life activity difficult. Courts consider an employee to have a physical disability even if the employee’s use of medications, assistive devices, prosthetics or reasonable accommodations makes it easier for the employee to engage in major life activities.

“Major life activities” has been defined as actions individuals take in order to care for themselves on a daily basis like walking, seeing, hearing, speaking, breathing, learning and working. These tasks are all things we must do each day and when we are no longer able to do them, then you are deemed as having a physical disability and the law protects you from discrimination.

In fact, under California law, where an employee uses a cane to walk because the employee has difficulty with his balance and strength, there is often sufficient evidence to establish that the employee is physically disabled. This is because California law only requires that the employee’s condition limit a major life activity. There is no requirement that the limitation be substantial, as is the case under federal law.

Moreover, California courts have held that an employee has a physical disability where the employee’s speech becomes slurred or impaired after a stroke. Speaking, like walking, is another major life activity. In one case, after experiencing a stroke, the employee’s speech became noticeably slower than it was prior to his stroke.

An employee may experience disabilities in all forms, whether through speech, hearing, walking, etc. If at any time the employee suffers from a physical disability, the law prohibits the employer from discriminating against the employee because of his disability.