This article explains the meaning of what under the Americans with Disabilities Act (ADA) is "regarded as" disability. The U.S. Congress defined disability under the ADA to include not only actual disabilities,...
ADA's definition of disability by providing nearly universal nondiscrimination protection under the "regarded as" prong, and by extending reasonable ... Barry,Kevin - 《Berkeley Journal of Employment & Labor Law》 被引量: 4发表: 2010年 ADA Perceived Disability Claims: A Decision-Tree Analysis of...
As a threshold matter, the Act requires the plaintiff to demonstrate that she is an individual with a disability; that is, that she has an actual disability or is "regarded as" having a disability as the statute defines it. This article discusses the threshold "regarded as" showing as ...
The court stated that the plaintiff failed to show that she was regarded as disabled by her employer based on the definitions of regarded as disabled under the Americans with Disabilities Act (ADA) under three circumstances including physical or mental impairment that limits a major life activity....
The regarded as disabled plaintiff does not have a condition that fits within the first two definitions of disability under the ADA (such as physical or mental impairment that substantially limits one or more of the major life activities of such individual), yet he believes that his employer ...
Part I discusses the ADA generally and focuses on the statutory provision most relevant in this paper, the definition of "disability" with respect to an individual. More specifically, this paper explores the "regarded as" prong of the definition and explains the three rationales an individual may...
Befort, Let's Try This Again: The ADA Amendments Act of 2008 Attempts to Reinvigorate the "Regarded As" Prong of the Statutory Definition of Disability, 2010 UTAH L. REV. 993stating that "the new focus likely will center more on whether an individual is qualified to perform the job in ...