Directing the Inquiry to Employer When Regarding Disabilty

Directing the Inquiry to Employer When Regarding Disabilty In contrast to the first two parts of the statutory definition of the term ''disability,'' this part of the definition is directed at the employer rather than at the individual alleging discrimination. The issue is whether the employer treats the individual as having an impairment that substantially limits major life activities. Thus, because it is the employer's perception that is at issue, it is not necessary that the individual alleging discrimination actually have a disability or an impairment. It also is not necessary that the employer's perception of the individual be shared by other employers. The individual is covered by this part of the definition if (s)he can show that the employer ''made an employment decision because of a perception of disability based on 'myth, fear or stereotype' ... . If the employer cannot articulate a non-discriminatory reason for the employment action, an inference that the employer is acting on the basis of 'myth, fear or stereotype' can be drawn.''