How does the ADAAA define egarded as having a disability?
The ADAAA redefines and dramatically expands the scope of coverage under the “regarded as” prong of the definition of “disability.” To satisfy the “regarded as” standard an individual need only show that he or she has been subjected to an action prohibited under the statute (e.g., termination; failure to hire) because of an actual or perceived impairment. It is no longer necessary that the impairment be perceived by the employer to limit or “substantially limit” a major life activity. However, to satisfy the “regarded as” standard, an impairment must not be one that is “transitory and minor.” The ADAAA defines a “transitory” impairment as an impairment with an “actual or expected duration of 6 months or less.” Meeting the “regarded as” standard does not mean that a person has been the victim of unlawful discrimination. It means only that a person is an individual with a disability entitled to the protections of the ADA or Rehabilitation Act. Whether unlawful discrimination occurred is
