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Disability Discrimination and Accommodation An employer cannot discriminate against, harass, or retaliate against an employee due to an employee's disability. Under the Fair Employment and Housing Act (“FEHA”), the term “disability” can mean either a mental disability, physical disability, or medical condition. A physical disability is one affecting any part of the body including “neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine,” and that limits a major life activity. (Government Code section 12926(m)(1).) Essentially any physical issue that affects a major life activity will likely be considered a disability under the law. The interference with a major life activity does not need to be substantial, but it does need to make the achievement of a major life activity (including physical, mental and social activities) difficult. (Government Code section 12926(m)(1)(B)(ii).