Attorney Holly Williams Talks Disability in Texas Bar Journal
In the October issue of The Texas Bar Journal, attorney Holly Williams penned an article examining the definition of “disability” under the Americans with Disabilities Act (ADA), specifically the third prong, applying to individuals who are “regarded as” disabled. In “‘Regarded as’ Claims Under the ADA and TCHRA: Advantage and Limitations,” Ms. Williams discusses the limitations of “regarded as” claims. They cannot be based on conditions that are transitory or minor, and an employer has no duty to provide reasonable accommodation to an employee who is “regarded as” disabled. On the other hand, “regarded as” claims have an advantage in that a lesser standard is required to prove that an individual has a disability. Specifically, there is no requirement to prove that an individual is limited in a major life activity. Ms. Williams also examines recent cases interpreting “regarded as” claims under the ADA and the Texas Commission on Human Rights Act (TCHRA).
You can read the full article at the State Bar of Texas.