"Record Of," "Regarded As" and "Perceived As" Defined

In addition to protecting individuals who have disabilities, disability discrimination laws also prohibit discrimination against individuals with a “record of” a disability, who are “regarded as” disabled, who are “perceived as” disabled, and who are “perceived as potentially” disabled.

California’s disability regulations state that a “Record or History of Disability” includes previously having, or being misclassified as having, a record or history of a mental or physical disability or special education health impairment of which the employer or other covered entity is aware.¹