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(16.8) What do “having a record of an impairment” and “being regarded as having an impairment” mean?

(16.8) What do “having a record of an impairment” and “being regarded as having an impairment” mean?

Having a record of an impairment means having a history of, or being misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. Reasonable modifications may be appropriate for a person with a record of an impairment when needed and related to the past disability.

Being regarded as having an impairment means being subjected to discrimination because of an actual or perceived physical or mental impairment, whether or not that impairment substantially limits, or is perceived to substantially limit, a major life activity, even if the entity can show a defense to the alleged discriminatory action. [28 C.F.R. Sec. 35.108(a)(1)(iii).]