Regarded as disabled
The "regarded as" definition of a
disability under the ADA was designed to combat erroneous stereotypes that employers may
have about impairments that are not, in themselves, substantially limiting.
Harrington
v. Rice Lake Weighing Sys., Inc., 122 F.3d 456 (7th Cir. 1997).
The "regarded as" definition of a
disability can be met in two different ways:
-
a covered entity mistakenly believes that a
person has an impairment that substantially limits one or more major life activities; or
-
a covered entity mistakenly believes that an
actual, nonlimiting impairment substantially limits one or more major life activities.
Sutton v. United Air Lines, Inc., 527 U.S.
471, 489 (1999).
Record of disability
The ADA does not define "record of
disability," however, the regulations define it as follows:
A record of disability means having a history of,
or having been misclassified as having, a mental or physical impairment that substantially
limits one or more of the major life activities.
29 C.F.R. Section 1630.2(k) and
Sherrod v.
American Airlines, Inc., 132 F.3d 1112 (5th Cir. 1998).
