Differentiate between 'record of' disability and 'regarded as' disability.

Differentiate between 'record of' disability and 'regarded as' disability.

• A. Record of disability means current impairment; regarded as disability means the impairment is non-existent
• B. Record of disability means a history of a qualifying impairment; regarded as disability means the person is treated as disabled, even if they do not have a current impairment
• C. They are identical
• D. Both require an actual impairment present

Answer: (B)

The distinction hinges on history versus perception. A record of disability refers to a history of a qualifying impairment that, at some point, substantially limited major life activities. The key point is that there may be no current impairment, yet the past history still provides protection. In contrast, being regarded as having a disability is about how others treat you: you are protected if someone treats you as disabled, even if you have no current impairment or none that would limit major life activities. This is why the correct explanation is that a record of disability means a history of a qualifying impairment, while regarded as disability means you’re treated as disabled regardless of a current impairment.

The distinction hinges on history versus perception. A record of disability refers to a history of a qualifying impairment that, at some point, substantially limited major life activities. The key point is that there may be no current impairment, yet the past history still provides protection. In contrast, being regarded as having a disability is about how others treat you: you are protected if someone treats you as disabled, even if you have no current impairment or none that would limit major life activities. This is why the correct explanation is that a record of disability means a history of a qualifying impairment, while regarded as disability means you’re treated as disabled regardless of a current impairment.