Possible Accommodation for "Regarded as"

Overview
A person who meets only the "regarded as" prong of the definition of disability is not entitled to a reasonable accommodation. If the person also meets one of the other two prongs, accommodation is required.

The EEOC rule
The EEOC's 2011 final ADAAA regulations added 29 CFR § 1630.2(o)(4). Under that rule, a covered entity is not required to provide a reasonable accommodation to an individual who meets the definition of disability solely under the "regarded as" prong (§ 1630.2(g)(1)(iii)). If the individual meets the "regarded as" prong plus one or both of the other two prongs, the employer must provide a reasonable accommodation.

Transitory impairments
Short-term impairments (six months or less) are transitory and do not fall under the "regarded as" prong. For example, an employer may choose not to hire someone for a temporary position because of a sprained ankle that would keep them from performing an essential function of the job for four to six weeks.

Key sources

• 29 CFR § 1630.2(o)(4) (no accommodation duty for "regarded as" only)
• 42 U.S.C. § 12201(h) (transitory and minor exception to "regarded as")