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Carpal Tunnel Syndrome May Not Be Substantially Limiting In a case decided by the Ninth Circuit Court of Appeals ruled that a former employee of a newspaper, who was unable to continuously type or handwrite as a result of arm and wrist injuries, was... 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... Central Importance of Life Activities Requirement Under ADA Approximately two and a half years after a series of decisions addressing mitigating measures, the Supreme Court addressed the question of how narrowly a major life activity should be construed... EEOC’s Definition of Substantial Limitations Under ADA EEOC's regulations define the term ''substantially limits'' by comparison with the proverbial ''average'' person as someone who is: - Unable to perform a major life activity that the... Focus of Limitation on Daily Life not Job In a leading case, the Supreme Court concluded that the Sixth Circuit had made a basic error by limiting its focus to those tasks ''associated only with her job.'' As explained by the Court,... Hand Injury May Be Substantially Limiting The federal District for the Eastern District of Pennsylvania concluded that a sufficient factual issue existed to preclude the entry of summary judgment in favor of the employer with respect... High Blood Pressure As Substantial Limitations Under ADA Murphy v. United Parcel Service , involved a plaintiff who was hired by UPS as a truck mechanic. Without medication, Murphy's blood pressure was approximately 25/160, but with medication his... Impaired Vision as Substantial Limitations Under ADA In a decision that has become the lead decision to define substantial limitations under ADA, Sutton v. United Air Lines , the Court considered the case of two airline pilots with severe myopia.... Impairments That May Constitute Disabilities In interpreting both federal and state anti-discrimination laws, courts have recognized a number of impairments as substantially limiting major life activities in specific situations.... Meeting Substantial Limitation of a Major Life Activity Under ADA Not every physical or mental impairment that a person may have is transformed automatically into a ''disability'' under the ADA. As pointed out by the EEOC, ''many impairments do not impact... Mitigating Measures and Substantial Limitations Under ADA Individuals who suffer from a physical or mental impairment, in many cases, may use mitigating measures to lessen the impact of the impairment upon their ability to engage in life... Multiple Impairments Limiting Major Life Activity Since any single impairment that substantially limits a major life activity may qualify as a ''disability'' under the ADA, an individual with various combinations of impairments may likewise... Summary of Substantially Limiting Life Activities Although the determination of whether an individual has an ADA-covered disability is to be made on the basis of an individualized assessment, the regulations and the legislative history of the ADA... Effect of Additional Data in Employment Record Where written records or other information submitted to an employer may indicate that a person has or once had a substantially limiting physical or mental impairment, although the employer did... Effect of Employment Record on defining disability If the record relied upon by an employer in making an employment decision indicates that the individual has or has had a substantially limiting impairment, the EEOC has indicated that the record... Examples of coverage under the ''record of impairment'' prong of ADA A prior drug addiction; A treated back condition; A history of cardiovascular disease; A loss of a kidney; A history of mental illness; A history of shoulder dislocations; A... Rationale for not including Minor Impairments As Disabilities Persons with minor, trivial impairments such as a simple infected finger or heartburn are not impaired in a major life activity. The stated rationale is this: The ADA protects only a limited... Record of Disability A person need not be impaired at the time of the job action in question to be considered an individual with a disability and, hence, covered under the provisions of the ADA. By the terms of the... Sample of Impairments not constituting a disability Following impairments have been dismissed when litigated under ADA: - Simple myopia; - Left-handedness; - Normal sensitivity to tobacco smoke; - Fear of heights; - Varicose... Temporary Conditions A condition does not have to be permanent to qualify as a disability. The Supreme Court has recognized that the ''impairment's impact'' could be ''long-term.'' For example, a person with a... What Is Substantial Limitations Under ADA The fact that an impairment may cause moderate limitations on major life activities is not sufficient to render a person disabled under the ADA. The limitation must substantially limit one or... Working as a Major Life Activity The EEOC's ADA regulations, in conformity with the legislative history of the Act, have incorporated the viewpoint of the 1973 Rehabilitation Act regulations, which define the term ''major... |
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