{"id":2833,"date":"2014-10-13T09:55:53","date_gmt":"2014-10-13T13:55:53","guid":{"rendered":"http:\/\/gtm.com\/business\/?p=1910"},"modified":"2024-08-30T11:29:42","modified_gmt":"2024-08-30T15:29:42","slug":"ada-definition-disability","status":"publish","type":"post","link":"https:\/\/gtm.com\/business\/ada-definition-disability\/","title":{"rendered":"ADA Definition of Disability"},"content":{"rendered":"

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

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

When does a person with an occupational injury have a disability under the “regarded as” portion of the ADA definition of disability?<\/em><\/strong><\/p>\n

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

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

    Example:<\/b> 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<\/i> her as having an impairment that substantially limits the major life activity of lifting. The employee has a disability as defined by the ADA.<\/p>\n

    For more information, contact<\/a> the experts at GTM Payroll Services at (518) 373-4111.<\/p>\n

    \u00a9 2014 Thompson Reuters<\/h6>\n","protected":false},"excerpt":{"rendered":"

    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 […]<\/p>\n","protected":false},"author":7,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[266],"tags":[22,32,19,10],"post_folder":[],"class_list":["post-2833","post","type-post","status-publish","format-standard","hentry","category-consulting-services","tag-ada","tag-eeoc","tag-human-resources","tag-small-business"],"_links":{"self":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts\/2833","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/comments?post=2833"}],"version-history":[{"count":2,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts\/2833\/revisions"}],"predecessor-version":[{"id":12954,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts\/2833\/revisions\/12954"}],"wp:attachment":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/media?parent=2833"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/categories?post=2833"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/tags?post=2833"},{"taxonomy":"post_folder","embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/post_folder?post=2833"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}