Criteria That Does Not Regard As Having Impairment For WorkingCriteria That Does Not Regard As Having Impairment For Working On the other hand, an employer that disqualifies an individual from employment on the basis of a criterion that does not pertain to a class of jobs or a broad range of jobs (for example, a criterion that pertains only to a narrow range of jobs) does not regard the individual as substantially limited in working. See 29 C.F.R. pt. 1630 app. § 1630.2(j). An employer that applies such a criterion to disqualify an individual because of an impairment is treating the individual as having an impairment that disqualifies him or her only from a narrow range of jobs. The employer, therefore, regards the individual as having an impairment that precludes work only in a narrow range of jobs (rather than in a class of jobs or a broad range of jobs). Accordingly, the employer, which does not regard the individual as disqualified from a class of jobs or a broad range of jobs, does not regard the individual as substantially limited in working. |
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