• A record of disability is a history of an impairment that substantially limited one or more major life activities.

Individuals are considered to have a record of a disability if they have a history of an impairment that substantially limited one or more major life activities when compared to most people in the population or were misclassified as having had such an impairment.

This includes people who have had a disabling impairment, but have recovered in whole or in part, regardless of whether they are now substantially limited.

It also includes individuals who are not — and may have never actually been — impaired, but who nonetheless have been misclassified as having a disability. Educational or other institutional documents labeling or classifying an individual as having a substantially limiting impairment would establish a “record” of a disability. If, for example, a hospital misclassifies an individual as having an intellectual disability or another substantially limiting learning disability, that individual would be covered by the Americans with Disabilities Act (ADA) because of the erroneous classification.

If employers rely on any record, such as an educational, medical, or employment record, containing disability information to make an adverse employment decision about a person who is currently qualified to perform a job, the action is subject to challenge as a discriminatory practice.