'Working' with the ADA's 'Regarded as' Definition of a Disability

5 Texas Forum on Civil Liberties and Civil Rights 27 (2002)

54 Pages Posted: 17 Apr 2016

See all articles by Thomas Simmons

Thomas Simmons

University of South Dakota Knudson School of Law

Date Written: April 2, 2000

Abstract

The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination against - and mandates accommodations for - individuals with disabilities. As a threshold matter, the ADA requires that plaintiffs demonstrate the existence of a disability; that is, having an actual disability or being "regarded as" having a disability. This article discusses the threshold "regarded as" showing especially in regards to proving a "regarded as" impairment in the context of being substantially limited in the ability to work.

Keywords: Disability, ADA, Employment, Discrimination

JEL Classification: K19

Suggested Citation

Simmons, Thomas, 'Working' with the ADA's 'Regarded as' Definition of a Disability (April 2, 2000). 5 Texas Forum on Civil Liberties and Civil Rights 27 (2002), Available at SSRN: https://ssrn.com/abstract=2765140

Thomas Simmons (Contact Author)

University of South Dakota Knudson School of Law ( email )

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605.658.3533 (Phone)
605.677.5417 (Fax)

HOME PAGE: http://www.usd.edu/faculty-and-staff/Tom-E-Simmons

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