ADA Definition of Disability

Oct 13, 2014

What does it mean when an employee is “regarded as” having an injury that limits his or her abilities on the job?

The EEOC issued a notice giving its views on this and other aspects of employee protection under the ADA. Here is an excerpt from that notice.

When does a person with an occupational injury have a disability under the “regarded as” portion of the ADA definition of disability?

A person with an occupational injury has a disability under the “regarded as” portion of the ADA definition if he or she has:

  1. An impairment that does not substantially limit a major life activity but is treated by an employer as if it were substantially limiting,
  2. An impairment that substantially limits a major life activity because of the attitude of others towards the impairment, or
  3. No impairment but is treated as having a substantially limiting impairment.

Example: An employee has an occupational injury that has resulted in a temporary back impairment that does not substantially limit a major life activity. However, the employer views her as not being able to lift more than a few pounds and refuses to allow her to return to her position. The employer regards her as having an impairment that substantially limits the major life activity of lifting. The employee has a disability as defined by the ADA.

For more information, contact the experts at GTM Payroll Services at (518) 373-4111.

© 2014 Thompson Reuters

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