WHEN IS SOMEONE "REGARDED AS DISABLED"?

HENRY FINDLEY
ED STEVENS
EARL INGRAM

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DOI: 10.2190/LPDR-6FVY-CMHA-GT83

Abstract

The term disability has received a great deal of scholarly attention. However, few studies have dealt with the legal definition of the "regarded-as-disabled" clause as one of the three methods of defining disabled. A review of the case law revealed a number of guiding legal principles. In general, it is not what an employer says but how it treats an employee that matters. Most legal problems may be avoided by obtaining a medical evaluation and acting on that advice. Organizations should avoid blanket policies that screen out groups of potential workers because such actions may mean that the organization regards such individuals as disabled. Lastly, should a firm be found to regard an individual as disabled, no legal compulsion exists to provide such individual with a reasonable accommodation, since it would provide the person with accommodation for something s/he does not possess.

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