Nunies v. HIE Holdings, No. 16-16494 (9th Cir. 2018)Annotate this Case
Under the ADA Amendments Act (ADAAA), the scope of the ADA's "regarded-as" definition of disability was expanded. The plaintiff must show, under the ADAAA, that he has been subjected to a prohibited action because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.
In this case, plaintiff filed suit against HIE, alleging disability discrimination under the ADA and state law claiming that HIE terminated him because of his shoulder injury. The Ninth Circuit held that plaintiff established a genuine issue of material fact as to whether his employer regarded him as having a disability. The panel held that the district court erred in concluding, as a matter of law, that plaintiff was not regarded-as disabled. Furthermore, the district court erred in concluding that plaintiff did not meet the "physical" definition of disability under the ADA.
The court issued a subsequent related opinion or order on November 1, 2018.