CourtCases2010

1999 all of 1234 the major life activities that are

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: radley v. Harcourt Brace and Co., 104 F.3d 267, 269 (9th Cir. 1996) (citing Bagdadi v. Nazar, 84 F.3d 1194, 1197 (9th Cir. 1996)). "We must determine, viewing the evidence in the light most favorable to the non-moving party, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law." Id. DISCUSSION I. DISABILITY. A. Major life activities The ADA, which prohibits discrimination against a "qualified individual with a disability," 42 U.S.C. § 12112(a), defines "disability" in part as "a physical or mental impairment that substantially limits one or more of the major life activities of such individual." Id. § 12102(2)(A). n3 In enacting the ADA, Congress chose to protect individuals who have mental impairments as well as those with physical impairments. See Criado v. IBM Corp., 145 F.3d 437, 443 (1st Cir. 1998); Holihan v. Lucky Stores, Inc., 87 F.3d 362, 365 n.3 (9th [*1233] Cir. 1996); 29 C.F.R. § 1630.2(h)(2) (listing "emotional or mental illness" as an [**10] impairment). To be disabled under this definition, therefore, McAlindin must show an impairment that affects one or more major life activities. See 42 U.S.C. § 12112(a) (West Supp. 1999). - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n3 The definition of disability also encompasses those who have a "record of such an impairment" or are "regarded as having such an impairment." 42 U.S.C. § 12102(2). Because we reverse the grant of summary judgment based on McAlindin's claim that he is actually disabled, we do not address whether he falls within these alternative definitions of disability. - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - Although the district court accepted McAlindin's claim that his anxiety disorder constituted an impairment, it determined that McAlindin was not substantially limited in any major life activities. n4 The district court summ...
View Full Document

This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

Ask a homework question - tutors are online