Explanation of "Regarded As"

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Explanation of "Regarded As"

Reference Number: MTAS-1054
Reviewed Date: 09/04/2026

Overview
The "regarded as" prong of the ADA covers people who are treated as if they have a disability, even if they do not. It was designed to stop employers from making decisions based on myths, fears, and stereotypes.

Three ways to meet the definition of disability
An "individual with a disability" is someone who:

  • Has a physical or mental impairment that substantially limits a major life activity
  • Has a record of such an impairment, or
  • Is regarded as having such an impairment

What the ADAAA changed
In 2008, the ADAAA changed the "regarded as" test. An individual no longer has to show that the employer believed the impairment substantially limited a major life activity. Coverage kicks in when the employer takes an action prohibited by the ADA (for example, refusing to hire someone because of a history of a brain tumor) based on an actual or perceived impairment.

This means an individual could bring an ADA claim against an employer that made an adverse employment decision based on inaccurate information about the individual's health.

Key sources

  • 42 U.S.C. § 12102(3) ("regarded as" prong)
  • 29 CFR § 1630.2(l) (EEOC "regarded as" regulations)
     

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