Effect of Additional Data in Employment Record

Where written records or other information submitted to an employer may indicate that a person has or once had a substantially limiting physical or mental impairment, although the employer did not request the information in order to find out about impairments. For example, an employer might request the education records of a job applicant. In addition to showing educational achievements, the records may also contain information about disabilities, such as a notation of the fact that the person was in a ''learning disabled'' program. In this scenario, the EEOC's Interpretive Guidance might be interpreted as implying that the applicant satisfies the ''record of impairment'' prong of the definition of disability.