Disability: Category Three
CATEGORY THREE:
IS THE INDIVIDUAL REGARDED AS
A PERSON WITH A DISABILITY?
Being regarded as having a disability is part three of the definition of the term disability. It means that an individual:
- Has a physical or mental impairment that does not substantially limit major life activities, but is treated by a recipient as having such a limitation.
For example, Ken has a curvature of the spine. However, he may be capable of lifting heavy objects. His case manager at a One-Stop Center wrongly assumes that Ken is unable to lift and carry and thus fails to refer him to jobs that require lifting and carrying. - Has a physical or mental impairment that substantially limits major life activities, but only as a result of the attitudes others have toward such impairment.
For example, Tom has a medical condition that disfigures his facial features, but that does not affect his physical functioning. Because of this disfiguring condition, he is regularly subjected to teasing and harassment on the street, and an employer has refused to hire him for a job that requires public contact because of her perception that Tom will scare customers away. - Has none of the impairments in this section, but is treated by a recipient as having such an impairment.
For example, Gilda is denied program participation because a birth mark on her cheek leads a provider to incorrectly assume that she has Lupus and thus will be too sick to complete the program.
