Case-by-Case Approach to Limitations


In adopting a functional definitional approach, the EEOC recognizes that no ''determination of whether an individual is substantially limited in a major life activity'' can be made in the abstract. Rather, the determination must be made on a ''case-by-case basis.'' Significantly, the focus of the inquiry is on the impairment's limitation of a major life activity, not on the individual's ability to perform every day activities or life functions in general. Despite having an impairment, such as the loss of a limb, many individuals, with the aid of a wheelchair or a prosthetic device, may be able to engage in a great variety of every day life activities. In fact, a number of persons who have suffered the loss of a limb are perfectly capable of participating in sports and engaging in outdoor activities, such as hiking, camping and skiing. Nevertheless, most individuals who have lost a limb still will continue to be substantially limited in the major life activity of walking or running, and, thus, would be considered ''disabled'' under the ADA.





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