CourtCases2010

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Unformatted text preview: st for determining what is a major life activity. We [*1235] do not think that any vagueness in the term rises to the level of making it unworkable as a major life activity. In any event, interacting with others is no more vague than "caring for oneself," which has been widely recognized as a major life activity. See, e.g., Bragdon, 118 S. Ct. at 2205 (citing 45 C.F.R. § 84.3(j)(2) (ii)); Cehrs v. Northeast Ohio Alzheimer's Research Ctr., 155 F.3d 775, 781 (6th Cir. 1998); see also Dutcher v. Ingalls Shipbuilding, 53 F.3d 723, 726 (5th Cir. 1995) (defining caring for oneself as including everything from driving and grooming to feeding oneself and cleaning one's home). Recognizing interacting with others as a major life activity of course does not mean that any cantankerous person will be deemed substantially limited in a major life activity. Mere trouble getting along with coworkers is not sufficient to show a substantial limitation. See EEOC on Psychiatric Disabilities at 5. Here, there are clinical findings indicating that one of the effects of McAlindin's mental illness [**18] is a pattern of withdrawal from public places and family members. In addition, the limitation must be severe or, in other words, substantial when compared to the ability of "the average person in the general population." 29 C.F.R. § 1630.2(j)(1) (i); see also id. § 1630.2(j)(2)(i) (courts must consider the "severity" of the impairment). 201 We hold that a plaintiff must show that his "relations with others were characterized on a regular basis by severe problems, for example, consistently high levels of hostility, social withdrawal, or failure to communicate when necessary." EEOC on Psychiatric Disabilities at 5. 4. McAlindin's Evidence of Impairment The medical evidence in the record demonstrates a genuine issue of material fact as to whether McAlindin is substantially limited in these three activities. First, McAlindin stated in his declaration that he is impotent as a res...
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