Does the Americans with Disabilities Act allow an employer to be held liable for discrimination on the basis of disability where the employee has no physical or mental impairment and is not regarded as having such an impairment

Under the Americans with Disabilities Act (“ADA”) , it is unlawful for an employer to discriminate against its employees “on the basis of disability .”42 U.S.C. § 12112(a). The ADA defines “disability” as an actual or perceived impairment that substantially limits a major life activity. 42 U.S.C. § 12102. The Seventh Circuit below read §§ 12112(a) , (d)(1) and (d)(4) of the ADA together to hold Defendants liable for discrimination, even though it was undisputed that the Plaintiff had no actual or perceived disability . This holding is in conflict with decisions of the Second, Third, Fifth and Tenth Circuits , and deepens a conflict between those courts and the Sixth Circuit . The question presented is: Does the Americans with Disabilities Act allow an employer to be held liable for discrimination on the basis of disability where the employee has no physical or mental impairment and is not regarded as having such an impairment .