April 2008
The Duty to Accommodate Employees 'Regarded As' Being DisabledWhen Perception Becomes Reality
By Gregory Fidlon
What obligations does an employer have under the Americans With Disabilities Act (ADA) to accommodate the impairments of employees who are “regarded as,” but not “actually,” disabled? This tricky question has created a split in the U.S. Circuit Courts of Appeal, leaving employers with little uniformity or clarity on the issue.
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