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regarded as disabled

Under the ADAAA, an individual meets the requirements of “being regarded as having such an impairment” if the plaintiff is able to establish that he or she has been subjected to an action prohibited under the ADA because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.

This definition does not apply to individuals who have transitory and minor impairments, which includes an impairment with an actual or expected duration of six months or less.

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