The American Disability Act’s definition of “disability” includes individuals who are regarded as having an impairment that substantially limits a major life activity. This seemingly innocuous provision can be a dangerous trap for employers, as illustrated in a recent case from the U.S. District Court in Maine.

An employee had knee replacement surgery. Without determining whether or not he was “disabled,” his sympathetic employer accommodated him by installing a stairway lift chair, by reducing his schedule for an extended period of time, and by relocating his office to the first floor.

The position was later eliminated and he sued. The employer claimed the employee was not disabled, he lacked an engineering degree, and the position was eliminated in a bona fide reduction in force.

The court found that the extended accommodations and eventual approval of his application for long-term disability benefits evidenced that the employer and his supervisors regarded him as disabled.