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Winborne v. Sunshine Health Care, Inc., 5th Cir., No. 09-60755, November 17, 2010

Articles Discussing Case:

Alleging that employer views an individual as disabled from doing one type of job is not sufficient to support a "regarded as" argument under the ADA.

Ogletree Deakins • December 06, 2010
The ADA defines “disability” as a physical or mental impairment that substantially limits one or more major life activities, or being “regarded” as having such impairment. In order to support a “regarded as” claim under the ADA, an individual has to show that the perceived impairment limited a major life activity and that the limitation was “substantial.” The 5th U.S. Circuit Court of Appeals recently held that a nurse’s claim that her employer viewed her as unable to perform job duties as a treatment nurse was insufficient to show that the employer viewed her as generally unable to perform as a nurse.