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Unformatted text preview: ant here - engaging in sexual relations, sleeping, and interacting with others - meet
this requirement for the purposes of surviving disposition on summary judgment. The
district court gave no reason why these activities are not significant in the life of the
average person, like walking, [**14] speaking, and learning.
1. Sexual Relations
In Bragdon, which was decided after the district court granted summary judgment, the
Supreme Court strongly implied that engaging in sexual relations, like reproduction, is a
major life activity. See 118 S. Ct. at 2205 (holding that "reproduction falls well within the
phrase 'major life activity' because "reproduction and the sexual dynamics surrounding it
are central to the life process itself"). Other courts have reached the same conclusion.
See, e.g., Anderson v. Gus Mayer Boston Store, 924 F. Supp. 763, 775 n.24 (E.D. Tex.
1996) (AIDS impairs the major life activity of "engaging in intimate sexual
relationships"); Doe v. District of Columbia, 796 F. Supp. 559, 568 (D. D.C. 1992)
("sexual contact" is a major life activity under the Rehabilitation Act, the ADA's
We conclude that engaging in sexual relations, just like procreation, is a major life
activity. The number of people who engage in sexual relations is plainly larger than the
number who choose to have children. Moreover, according to the reasoning employed by
the Fifth Circuit with respect to working [**15] as a major life activity, 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. EEOC v. R.J. Gallagher Co.,
181 F.3d 645, 1999 WL 499571, at *7 (5th Cir. 1999). n7
- - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n7 In Runnebaum v. Nationsbank, 123 F.3d 156, 170-71 (4th Cir. 1997) (en banc), the
Fourth Circuit expressed doubt over whether engaging in sexual relations is a major life
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08