Major life activity

In addition to sexual harassment and accommodation of religious beliefs, equal treatment for individuals with disabilities is a significant issue for the treatment of both employees and customers. The Americans with Disabilities Act provides equal opportunity for persons who are disabled in the workplace. This act prohibits discrimination in all aspects of employment from hiring to firing, similar to practices that are covered by equal opportunity employment laws. Persons are considered disabled if they have either a physical or mental impairment that significantly limits one or more major life activities or have a record of impairment. Also, discrimination against a person who has a relationship with a disabled person is prohibited. 

Barkley RA. Major life activity and health outcomes associated with attention-deficit/hyperactivity disorder. J Qin Psychiatry 2002 63(Suppl 12) 10-15. 

The Act clarified that an impairment that is episodic or in ronission is a disability if it would substantially limit a major life activity when active the Act provides that an individual subjected to an action prohibited by the ADA (such as failure to hire) because of an actual or perceived impairment will meet the regarded as definition of disability, unless the impairment is transitory or minor ... 

Possesses a physical or mental impairment that substantially limits one or more of the major life activities of such individual... 

Safety professionals should be aware that the ADA utilizes the broader language of disability rather than the term handicapped adopted under the Rehabilitation Act. Eor an individual to be considered disabled under the ADA, the physical or mental impairment must limit one or more major life activities. Under the U.S. Justice... 

This provision is included in the definition in part to protect individuals who have recovered from a physical or mental impairment which previously limited them in a major life activity. Discrimination on the basis of such a past impairment would be prohibited under this legislation. Frequently occurring examples of the first group (i.e., those who have a history of an impairment) are people with histories of mental or emotional illness, heart disease or cancer examples of the second group (i.e., those who have been misclassified as having an impairment) are people who have been mis-classified as mentally retarded. ... 

Is regarded as having an impairment means (A) has a physical or mental impairment that does not substantially limit major life activities but is treated. .. as constituting such a limitation (B) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward sueh impairment (C) has none of the impairments defined (in the impairment paragraph of the Department of Justice regulations) but is treated. .. as having such an impairmenL"... 

The Act expands the definition of major life activities by including two non-exhaustive lists of which list 1 includes many activities that the EEOC has previously recognized (such as walking) as well as activities that the... 

A person may be disabled if he or she has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning). 

In this case, the central dispute over Spees s ADA claim revolves around whether she meets the definition of a disabled person. A disability is defined as (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual (B) a record of such an impairment or (C) being 396 regarded as having such an impairmenL 42 U.S.C. 12102(2) (2006). This section of the Act was amended in 2009, subsequent to the events giving rise to Spees s lawsuit. But we must analyze Spees s claims pmsuant to the earlier version (provided above) because the amendments to the ADA do not apply retroactively. See Milholland v. Sumner County Bd. of Educ., 569 F.3d 562,567 (6th Cir.2009) (holding that the ADA Amendments Act does not apply to preamendment conduct ). 

In evaluating this issue, the regulations accompanying the ADA direct us to consider certain factors. These factors inclnde those used to determine whether an impairment substantially limits any major life activity, namely ... 

C.F.R. 1630.2(J)(2). The regulations fnrther provide three additional factors where, as here, the major life activity is working ... 

B) MAJOR BODILY FUNCTIONS.—For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. 

An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability. 

An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. 

The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity. As used in this subparagraph—... 

Is regarded as having an impairment means (A) has a physical or mental impairment that does not snbstantiaUy limit major life activities but is treated. .. as constituting... 

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