Determining whether an employer regards an individual as having an impairment that substantially limits major life activities

Determining whether an employer regards an individual as having an impairment that substantially limits major life activities To determine whether an employer regards an individual as having an impairment that substantially limits major life activities, one must examine the employer's perception and treatment of the charging party. Toward that end, the investigator may obtain a statement in which the respondent explains his/her perceptions of the charging party's physical or mental condition. The statement should describe the type of condition that the respondent perceives the charging party to have and the extent to which the respondent believes the condition to limit the charging party's major life activities. Further, if the charging party has been classified as having a disability or handicap under another law or benefit program, then the investigator may determine if the respondent was aware of the classification and, if so, how the respondent interpreted the classification. For example, if the charging party has a veterans' disability rating, then the investigator may determine whether the respondent was aware of that rating. The investigator also may determine whether the respondent viewed the rating as indicative of an impairment that substantially limited a major life activity. A respondent might, for example, believe that all individuals who have ten-percent veterans' disability ratings are substantially limited in a major life activity. In addition, the investigator may ascertain the information that the employer had about the charging party's condition at the time of the employment action at issue. Other information, such as statements from other individuals in the work place or evidence that the employer has a pattern of not hiring individuals with the same or similar impairment, also may help to determine how the employer perceived the charging party.