Sections Seven and Eight of the California Constitution primarily apply to public employment discrimination or other employment where State or Federal action is shown. Their protective effect is not so limited, See Rojo v. Klinger, 52 Cal.3d 65, 276 Cal. Rptr. 130, 801 P.2d 373.
Government Code §§11135 et seq. prohibit unlawfully denied benefits or discriminating based on ethnic group identification, religion, age, sex, color, or physical or mental disability by employers that undertake programs or activities that are funded directly by the state, and employers that receive any financial assistance from the state.
The California legislature amended the FEHA in 1992 defining physical disability as a physiological condition that 'limits' major life activities. The legislature later clarified in the Poppink Act of 2000 that a physical disability under the FEHA does not require the federal test's 'substantial limitation' of a major life activity, but instead the CA law's 'limit.'COLMENARES v.