Also known as regarded as having a disability. One of three ways to define disability under the Americans with Disabilities Act of 1990 (ADA), as amended by the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). Under the ADA, as amended by the ADAAA, an individual is regarded as having an impairment if the individual is subjected to prohibited discrimination because of an actual or perceived physical or mental impairment, whether or not the impairment substantially limits or is perceived to substantially limit a major life activity.

Individuals who are regarded as having an impairment that is objectively both transitory and minor are not protected from discrimination under this definition of disability. In addition, employers are not required to provide a reasonable accommodation to individuals who are regarded as having an impairment if they are only covered under this definition of disability.

For more information, see Practice Notes, Disability Discrimination Under the ADA and Disability Accommodation Under the ADA.