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The Duty to Accommodate Employees 'Regarded As' Being Disabled
What obligations does an employer have under the Americans With Disabilities Act (ADA) to accommodate the impairments of employees who are 'regarded as,' but not 'actually,' disabled? This tricky question has created a split in the U.S. Circuit Courts of Appeal, leaving employers with little uniformity or clarity on the issue.
The ADA's plain language provides that employees that are regarded by their employers as being 'disabled' are protected under the statute, even if their actual condition falls short of the statutory requirements for a 'disability' ' i.e., a physical or mental impairment that substantially limits one or more major life activities. See 42 U.S.C. ' 12102(2). Since the statutory scheme does not differentiate between 'regarded as' and actually disabled employees, the ADA's plain language suggests that an employee incorrectly perceived to have a qualifying disability is nonetheless entitled to receive a reasonable accommodation.
How the Courts See It
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