Employer’s Treatment of the Individual as a Factor In determining Whether Employer Regarded Individual As Having Substantially Limiting Impairment

Employer’s Treatment of the Individual as a Factor In determining Whether Employer Regarded Individual As Having Substantially Limiting Impairment Further, the investigator should examine carefully the employer's treatment of the charging party. An employer may claim that it does not perceive an individual as having an impairment that substantially limits a major life activity but nonetheless may treat the individual as having such an impairment. In such a case, actions may speak louder than words. For example, an employer may assert that it does not regard an individual as substantially limited in working but nonetheless may treat an individual as having an impairment that disqualifies him or her from a class of jobs or a broad range of jobs in various classes. The employer in that case regards the individual as substantially limited in the major life activity of working.