The ADA covers state and local governments and private employers with 15 or more employees. It prohibits employers from discriminating against qualified applicants or employees on the basis of disability. A "disability" is defined as:
• A physical or mental impairment that substantially limits one or more major life activities
• A record of such an impairment
• Being regarded as having an impairment
Under the ADA, an individual is "regarded as" having a disability if he or she is subjected to an adverse employment action (e.g., demotion or firing) because of an actual or perceived impairment. The impairment does not have to substantially limit a major life activity to meet the definition of a regarded as disability. For example, if an employer refuses to promote an employee because the employer thinks the employee has AIDS, the employee will have a regarded as disability claim under the ADA.
According to Equal Employment Opportunity Commission (EEOC) regulations, when an individualized assessment is done to determine if an individual has a covered disability, certain impairments, due to their inherent nature, ...