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What is the definition of disability under the ADA ?
The ADA defines a person with a disability as a person who has a physical or mental impairment that substantially limits one or more major life activity . This includes people who have a record of such an impairment , even if they do not currently have a disability . It also includes individuals who do not have a disability but are regarded as having a disability . The ADA also makes it unlawful to discriminate against a person based on that person ' s association with a person with a disability .
What does " regarded as " having a disability mean ?
" Regarded as " means that the person either :
• Has an impairment that does not substantially limit a major life activity ;
• Has an impairment that substantially limits a major life activity only as a result of the attitudes of others toward them ; or
• Does not have any impairment , but is treated by an entity as having an impairment .
What does " record of " having a disability mean ?
" Record of " means that the person has a history of , or has been misclassified as having , a mental or physical impairment that substantially limits one or more major life activities , even though the person does not currently have a disability . For example , a person who undergoes treatment for cancer then returns to work . Although the cancer may not be in remission , they have a record of having had it .