Dallas Employment Lawyer Blog
Rachel Bethel Dallas
Trial Attorney
Most people understand that the Americans with Disabilities Act (ADAAA) protects employees with physical or mental disabilities. But many workers do not realize that the ADAAA also protects workers who are simply perceived as having a disability, even if they have no actual impairment at all. This is called the “regarded as” prong of disability coverage.
The ADAAA defines “disability” in three distinct ways. A worker is protected if they:
· Have an actual physical or mental impairment that substantially limits a major life activity;
· Have a record of such an impairment (for example, a history of cancer that is now in remission); or
· Are regarded as having such an impairment by their employer.
This blog focuses on the third category above. Under the ADAAA, a person is “regarded as” disabled if they have been subjected to an adverse employment action because of an actual or perceived physical or mental impairment, whether or not that impairment limits or is perceived to limit a major life activity.
Before the 2008 amendments to the Americans with Disabilities Act (ADA), courts often dismissed “regarded as” claims because plaintiffs had to prove that their employer believed they were substantially limited in a major life activity. The Americans with Disabilities Act, as Amended (ADAAA) eliminated that requirement.
The ADAAA doesn’t just protect people who have a disability. It protects those whose employers treat them as if they have a disability. Even if you’re perfectly healthy, if your boss fires you because he thinks you have a serious illness, that may constitute an unlawful discrimination claim.
For example: the cancer survivor. Sarah had breast cancer two years ago and is now fully recovered. Her new manager finds out about her history. Worried she’ll get sick again, the new manager declines to select Sarah for a promotion, even though she was the best qualified candidate for that role. Sarah doesn’t have a disability anymore, but her employer is treating her like she does. That’s a “regarded as” claim.
Another example: a rumor. A supervisor hears a rumor that an employee has multiple sclerosis. It’s not true. But the supervisor reassigns her to a less demanding role and reduces her scope “just in case.” The employee has no disability at all, but she’s still protected because her employer made a discriminatory decision based on a perceived disability.
Note that you don’t have to prove that you actually have a disability. You don’t have to prove your employer was right or wrong about your health. You just have to show that the employer took an unlawful action because of what they believed or assumed about your physical or mental condition.
Also note that workers covered solely under the “regarded as” prong are not entitled to reasonable accommodations. The “regarded as” prong also does not cover impairments that are transitory (lasting six months or less) and minor. A common cold or a broken arm with a full and expected short-term recovery would not qualify. However, any impairment that is serious, chronic, or of uncertain duration may still be covered, even if the employee ultimately recovers fully.
The “regarded as” prong reflects a core principle of the ADAAA: discrimination based on fear, stigma, or stereotype is just as harmful as discrimination based on a confirmed diagnosis. If your employer treated you as though you have a disability and that perception drove them to take adverse actions against you, you may have meaningful legal recourse.
If you believe your employer discriminated against you based on a perceived impairment, consider consulting with one of our Dallas employment attorneys. An experienced employment lawyer can evaluate your case and help you navigate your rights going forward.