The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees because of their disabilities. A covered disability is a physical or mental impairment that substantially limits a major life activity. That protection also extends to employees who are simply “regarded as” having a disability.
Before 2008, to prevail on a “regarded as” claim, an employee had to prove his employer subjectively believed he was substantially limited in a major life activity. In 2008, however, the scope of the “regarded as” protection was expanded by the ADA Amendments Act (ADAAA), which eliminated that requirement. The current state of the law was discussed in a recent decision from the 9th Circuit.
