In Williams, 380 F.3d at 775, the court of appeals, however, held that it was "inescapable" that "regarded as" employees under the ADA are entitled to reasonable accommodation in the same way as are those who are actually disabled.

In Williams, the court of appeals addressed an individual lawsuit brought pursuant to the ADA by a former police officer who was determined to be unable to carry a firearm as the result of a mental condition.

In Williams, the court of appeals stated: "Unlike a claim for discrimination under the ADA, an ADA retaliation claim based upon an employee having requested an accommodation does not require that a plaintiff show that he or she is `disabled' within the meaning of the ADA. `The right to request an accommodation in good faith is no less a guarantee under the ADA than the right to file a complaint with the EEOC, and we have already explained that the ADA protects one who engages in the latter activity without regard to whether the complainant is "disabled.

In Williams, the police officer was seeking an accommodation in the form of a reassignment to a vacant position.Id. (citing 42 U.S.C. § 12111(9)(B)).