The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees because of their disabilities. A covered disability is a physical or mental impairment that substantially limits a major life activity. That protection also extends to employees who are simply “regarded as” having a disability.
Before 2008, to prevail on a “regarded as” claim, an employee had to prove his employer subjectively believed he was substantially limited in a major life activity. In 2008, however, the scope of the “regarded as” protection was expanded by the ADA Amendments Act (ADAAA), which eliminated that