Also known as: regard as · regards as · regarding as · deemed · considered as
Written by attorneys · grounded in primary & secondary sources — see below
A basis for finding disability under antidiscrimination statutes when a covered entity perceives an individual as having a substantially limiting impairment even if the individual does not actually have such an impairment.
Raymond Ramos and Robert Rivera agreed to stage a public protest that blocked a major highway without a permit. Prosecutors charged them with conspiracy. The court found the agreement unlawful because the law regarded the planned disruption as contrary to the public welfare even though the underlying conduct was not itself a crime.
Rosa Ruiz's website claimed she had never lost a personal-injury trial. In fact she had settled several cases after adverse rulings. The disciplinary board concluded the statement was false or misleading because it omitted facts necessary to keep the communication as a whole from being regarded as materially deceptive.
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Ruby Rivera drove her delivery van at excessive speed through a school zone to meet a tight schedule. A pedestrian was injured. The court held the conduct negligent because the magnitude of the risk was regarded as outweighing the utility of arriving on time.
Ricardo Rojas sued Redline Automotive in State A for a product defect that occurred in State B. Redline was incorporated and headquartered in State B and conducted only routine sales in State A. The court dismissed for lack of general jurisdiction because Redline was not regarded as at home in State A.
Ronald Reed sued Reliance Insurance alone after an accident caused by its insured. Because the action was a direct action against the insurer the court deemed Reliance a citizen of the insured's state of incorporation and principal place of business as well as its own.
Ridgeway Partners was named trustee in a will but took no action for several months after learning of the designation. The court held that Ridgeway Partners was deemed to have rejected the trusteeship because it failed to accept within a reasonable time.
The plaintiff must show that a covered entity perceived her as having a substantially limiting impairment even if she does not actually have one. The perception alone triggers protection from discrimination based on that mistaken belief.
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Yes. The employer has regarded the employee as having a disability and the termination decision is therefore based on a prohibited perception even though the employee has no actual impairment.
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No. The definition protects individuals who are perceived as having any substantially limiting impairment regardless of whether the perceived condition is transitory or episodic so long as the perception triggers discriminatory action.
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…about the precise time of formation or animation. There was agreement, however, that prior to this point the fetus was to be regarded as part of the mother, and its destruction, therefore, was not homicide. Due to continued uncertainty about the precise time when animation occurred, to the lack of any empirical basis for the…