ADA· 10 min read

The "Regarded As" Prong: How Perceived Disabilities Create Claims

You don't have to have a disability to be protected by the ADA. If your employer treated you as though you had a disability — fired you, refused to hire you, or otherwise discriminated against you because of a perceived physical or mental impairment — you have a claim under the "regarded as" prong.

What the "Regarded As" Prong Covers

The "regarded as" prong protects workers who are discriminated against because the employer perceives them as having an impairment. The perception doesn't have to be accurate. The impairment doesn't have to actually exist. What matters is that the employer took an adverse action based on the belief — correct or not — that the worker had a physical or mental condition. Before the ADAAA, courts required plaintiffs to show that the employer regarded them as having an impairment that substantially limited a major life activity — essentially, that the employer perceived them as severely limited. This was a demanding standard that produced inconsistent and often counterintuitive results. The ADAAA eliminated it.

The Post-ADAAA Standard

After the ADAAA, a plaintiff establishes "regarded as" disability by showing that they were subjected to a prohibited action because of an actual or perceived physical or mental impairment — regardless of whether the impairment limits or is perceived to limit a major life activity. The plaintiff no longer needs to show that the employer thought the impairment was severe or substantially limiting. They only need to show that the employer acted on the basis of the perceived impairment. There is one exception: the "regarded as" prong does not apply to impairments that are transitory (lasting six months or less) and minor.

Common "Regarded As" Scenarios

Workers invoke the "regarded as" prong in several common situations. A worker is fired after disclosing a medical condition — even one that doesn't affect job performance. A job applicant is rejected after a medical examination reveals a condition the employer fears will become expensive. A worker is reassigned or sidelined after a supervisor notices a physical limitation or hears about a mental health condition. A worker recovering from a serious illness is passed over for promotion because management assumes they're not fully capable. In each case, the employer's perception — not the worker's actual impairment — drives the adverse action. That's the core of a "regarded as" claim.

What "Regarded As" Plaintiffs Don't Get

One important limitation: workers who establish disability only under the "regarded as" prong are not entitled to reasonable accommodation. Accommodation rights belong to workers with actual disabilities or a record of disability. The "regarded as" prong protects against discrimination based on perception — the employer's unfounded assumption that a worker can't do the job — but it doesn't require the employer to modify the job to accommodate a condition that may not actually exist. Workers whose conditions do limit their activities should establish actual disability alongside a "regarded as" claim, both to preserve accommodation rights and to ensure the claim survives regardless of how the employer characterizes its knowledge and intent.

Key takeaways

What the "Regarded As" Prong Covers
The Post-ADAAA Standard
Common "Regarded As" Scenarios
What "Regarded As" Plaintiffs Don't Get

Citations

ADA Amendments Act of 2008, Pub. L. 110-325 — Cited authority
42 U.S.C. § 12102(3) — Cited authority
29 C.F.R. § 1630.2(l) — Cited authority

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Undue Hardship: The Employer's Defense and Its Real Limits