McKellips

MEMORANDUM *

Because of his physical condition, Scott McKellips was refused a job with the Fife Public School District. He asserted that the refusal violated both 42 U.S.C. § 12112 (a), which is part of the Americans With Disabilities Act, and the Washington State Law Against Discrimination (WLAD), Wash. Rev.Code § 49.60.180(1). The district court granted summary judgment against him and he appealed. We reverse and remand.

*969 (1) In order to sustain his claim under the ADA, McKellips must demonstrate that he was discriminated against because of a disability. He does not assert that he has an impairment within the meaning of the statute, but he does assert that he was regarded by the school district as having one. See 42 U.S.C. § 12102 (2). There is no record of the district court’s reasoning, but it is apparent that the School District considered McKellips’ condition to disqualify him from the job in question. Of course, the mere fact that a person is regarded as incapable of doing a particular job does not mean that he is regarded as disabled. See Murphy v. United Parcel Serv., Inc., 527 U.S. 516, 523 , 119 S.Ct. 2133, 2138 , 144 L.Ed.2d 484 (1999); Sutton v. United Air…