The Americans with Disabilities Act (the “ADA”) has recently been expanded with amendments made effective earlier this year. The ADA protects an individual from adverse actions taken by an employer because of the individual’s disability. In addition to protecting disabled workers, the ADA also protects individuals who are regarded as disabled by an employer, even if the individuals are not actually disabled.
The amendments significantly broaden what it means to be “regarded as” disabled by an employer. Now, if an employer regards a person as having a mental or physical impairment, regardless of whether the employer believes that the impairment substantially limits a major life activity of the individual, the person will be protected by the ADA.
This protection does not apply to perceived impairments that are minor or transitory (lasting less than six months). And, while an employer may not discriminate against an individual because of the individual’s perceived disability, the employer has no obligation to provide a reasonable accommodation for any perceived disability that is not truly a disability.
To speak with an employment law attorney about the ADA or another employment law matter, please contact the employment lawyers at Clouse Dunn Khoshbin LLP at [email protected].
