Disability
The ADA defines disability as a physical or
mental impairment that substantially limits one or more of the person's major life
activities.
EEOC regulations define
physical or mental
impairment as:
-
Any physiological disorder, or condition,
cosmetic disfigurement, or anatomical loss affecting one or more of the following body
systems: neurological, musculoskeletal, special sense organs, respiratory (including
speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and
lymphatic, skin, and endocrine; or
-
Any mental or psychological disorder, such as
mental retardation, organic brain syndrome, emotional or mental illness, and specific
learning disabilities.
29 C.F.R. Section 1630.2 (h).
Remember, the definition of disability
requires that a person have a physical or mental impairment that substantially limits a
major
life activity. Examples of major life activities include: caring for
oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning,
and working. 29 C.F.R. Section 1630.2(i). See, Baulos v. Roadway Exp., Inc., 139
F.3d 1147 (7th Cir. 1998). This list of major life activities is not exhaustive. In
other words, these are just examples. There may be other activities that would qualify as
a major life activities.
An individual is
substantially limited
if he or she:
-
is unable to perform a major life activity that
the average person in the general population can perform; or
-
is significantly restricted as to the
condition, manner or duration under which he or she can perform a particular major life
activity as compared to the condition, manner or duration under which the average person
in the general population can perform the same major life activity.
29 C.F.R. Section 1630.2(j)(1) and
Robinson v.
Global Marine Drilling Co., 101 F.3d 35 (5th Cir. 1996).
With respect to the major life activity of
working,
"substantially limits" is defined as "significantly restricted in the
ability to perform either a class of jobs or a broad range of jobs in various classes as
compared to the average person having comparable training, skills, and abilities." 29
C.F.R. Section 1630.2(j)(3)(i).
Below are some examples of cases addressing
the issue of disability:
Case example:
Toyota Motor Mfg., Kentucky,
Inc. v. Williams, 122 S.Ct. 681 (2002). In determining whether someone is
substantially impaired from performing manual tasks, courts must look at those tasks
central to people's daily lives.
Case example: Calef
v. Gillette Co., 322 F.3d 75 (1st Cir. 2003). Employee with Attention Deficit
Hyperactivity Disorder (ADHD) was not disabled with respect to the major life activities
of learning and speaking -- even though his doctor gave an affidavit parroting the
language of the ADA.
Case example:
Muller v. Costello, 187 F.3d
298 (2nd Cir. August 11, 1999). Person with "reactive airway disease" failed to
show substantial limitation with respect to working or breathing.
Case example:
Gagliardo v. Connaught
Laboratories, Inc., 311 F.3d 565 (3rd Cir. 2002). Plaintiff with Multiple Sclerosis
was substantially limited with respect to major life activities of concentrating and
remembering.
Case example:
Pollard v. High's of Baltimore,
Inc., 281 F.3d 462 (4th Cir. 2002). Restrictions due to back surgery that plaintiff
not lift more than twenty-five pounds and that she not bend repetitively are not evidence
of a permanent impairment with respect to a major life activity.
Case example:
EEOC v. R.J. Gallagher Co.,
181 F.3d 645 (5th Cir. 1999). Cancer did not substantially limit major life activity of
working.
Case example:
Doren v. Battle Creek Health
System, 187 F.3d 595 (6th Cir. 1999). Registered nurse who could work eight hour
shifts, but not twelve hour shifts, was not disabled.
Case example:
Krocka v. City of Chicago,
203 F.3d 507 (7th Cir. 2000). Police officer with severe depression (but managed with
Prozac) was not disabled.
Case example:
Weber v. Strippit, Inc., 186
F.3d 907 (8th Cir. 1999). Plaintiff, who suffered from heart disease, was not disabled.
Case example:
EEOC v. United Parcel Service,
Inc., 306 F.3d 794 (9th Cir. 2002). Court defines disability with respect to
"seeing."
Case example:
Pack v. Kmart Corp., 166
F.3d 1300 (10th Cir. 1999). Ability to sleep was not substantially limited.
Case example:
Reed v. Heil Co., 206 F.3d
1055 (11th Cir. 2000). Court discusses, but does not decide, whether someone who can no
longer perform heavy manual labor is disabled.
Case example:
Duncan v. Washington
Metropolitan Area Transit Authority, 240 F.3d 1110 (D.C. Cir. 2001)(en banc).
The Court discusses what evidence is necessary to show that someone is disabled from the
major life activity of working.
In addition to defining disability as a physical
or mental impairment that substantially limits one or more of her major life activities,
the ADA provides two other means of showing that a person is "disabled" for
purposes of the ADA. The person can either be regarded as disabled or have a
record
of a disability.
