Eating, Thinking And Sex are Major Life Activities Under ADA

The Seventh Circuit has recognized that eating is to be an ADA ''major life activity.'' Similarly, the Third Circuit Court of Appeals found that ''thinking'' constituted a major life activity. As new diseases and impairments are identified, the concept of what constitutes a major life activity may change accordingly. The Ninth Circuit, concluded that ''engaging in sexual relations, just like procreation, is a major life activity.'' In reaching this conclusion, the court of appeals noted that previously, the Supreme Court ''strongly implied that engaging in sexual relations, like reproduction, should be viewed as a major life activity.'' The Ninth Circuit reasoned that ''the number of people who engage in sexual relations is plainly larger than the number who choose to have children.'' Moreover, the court emphasized that ''sexuality is important in how 'we define ourselves and how we are perceived by others' and is a fundamental part of how we bond in intimate relationships.''