What does the federal Americans with Disabilities Act say, at a general educational level, about an employment action based on an employer’s perception that a person has an impairment, including a perceived HIV infection?

Question

Answer

Under the federal ADA, a covered employer generally may not fire a qualified individual—someone who can perform the job’s essential functions with or without reasonable accommodation—because it perceived the person to have a physical or mental impairment, even if the perceived impairment did not limit, or was not perceived to limit, a major life activity. [1]

This federal overview does not establish whether a rumor about HIV infection reflects a perceived impairment, why an employer acted, whether the employer is covered, whether the person is qualified, or what state, local, federal-sector, or other law might apply.

The regarded-as provision excludes impairments that are transitory and minor; “transitory” means an actual or expected duration of six months or less, and the EEOC regulation says a covered entity must show both transitory and minor. [1] [2]