ADA Para (C)

The focus under the second (part B) and third parts (Part C) is on the reactions of other persons to a history of an impairment or to a perceived impairment. 'History' (Part B) and 'Perception' (Part C) are a disability (and not impairment). This aspect recognises that stereotyped assumptions about what constitutes a disability and unfounded concerns about the limitations of individuals with disabilities form major discriminatory barriers, for persons at present, or previously misclassified or mistakenly percieved as disabled.

It includes:

(i) persons who have impairments that do not substantially limit major life activities but are treated by covered entities as constituting substantially limiting impairments

(ii) persons whose impairments are substantially limiting only as the result of the attitudes of others toward the impairment

(iii) persons who have no impairments but nonetheless are treated as having substantially limiting impairments.

By Part (C), it is acknowledged that society's accumulated myths and fears about disability and disease are as handicapping as are the physical limitations that flow from actual impairment. This aspect of the definition of the term "disability," therefore, is designed to protect against myths, fears, stereotypes, and other attitudinal barriers about disability. Common attitudinal barriers include, but are not limited to, "concerns about productivity, safety, insurance, liability, attendance, cost of accommodation and accessibility, and acceptance by co-workers and customer,." (House Judiciary Report at 30). Unlike Parts (A) and (B), this is directed at the employer rather than at the individual alleging discrimination, that is why, it's not important whether s/he has an actual disability/ impariment or not.

Eexample: if someone is rejected from a job because a back x-ray reveals some anomaly, even though the person has no symptoms of a back impairment, the reason for the rejection is the fear of injury, as well as increased insurance or worker's compensation costs; and therefore, the person is perceived to be disabled under (iii) above. It also applies to individuals who are subjected to discrimination on the basis of genetic information relating to illness, disease, or other disorders.