Category Two: Record of a Disability
Keep in mind that in order for a person to be protected from discrimination under this part of the definition, the past impairment (or the impairment that the person has been misclassified as having) must meet the three-part definition of an actual disability:
- The impairment that has been recorded must fall within the legal definition of a physical or mental impairment.
- The recorded impairment must be one that affects one or more major life activities.
- The recorded impairment must have substantially limited the person's major life activities (or, in the case of a misclassification, be an impairment that would have substantially limited those activities if the impairment had actually existed).
