CourtCases2010

We 1235 do not think that any vagueness in the term

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Unformatted text preview: ir. 1999). Whether McAlindin faced substantial limitations in his ability to work is irrelevant to whether his limitations in other major life activities qualify him as disabled for ADA purposes. - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n6 The Supreme Court recently called into question whether the EEOC has the authority to issue regulations implementing the ADA. See Sutton v. United Air Lines, Inc., 527 U.S. 471, 119 S. Ct. 2139, 2145-46, 144 L. Ed. 2d 450 (1999). But see 119 S. Ct. at 2161-62 (Breyer, J., dissenting) (arguing that the EEOC has this authority). The Court, however, ultimately declined to resolve this issue. See id. at 2546; see also Murphy v. United Parcel Serv., Inc., 527 U.S. 516, 119 S. Ct. 2133, 2138, 144 L. Ed. 2d 484 (1999) (assuming that EEOC regulations are valid and applying them). Because the Supreme Court has not resolved this issue and the parties in the present case have not raised it, we continue to look to the EEOC regulations and interpretive commentary for guidance. - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - - [**13] The ADA does not define "major life activity." See Bragdon v. Abbott, 524 U.S. 624, 118 S. Ct. 2196, 2205, 141 L. Ed. 2d 540 (1998). However, "the plain meaning of the word major denotes comparative importance and suggests that the touchstone for determining an activity's inclusion under the statutory rubric is its significance." Id. 199 (internal quotation marks omitted). The Bragdon Court noted that the term "major life activity" is very broad and includes activities that are private in character. See id. (rejecting attempt to confine major life activities to "those with a public, economic, or daily aspect"). A major life activity also must be "a basic activity that the average person in the general population can perform with little or no difficulty." Pack v. Kmart Corp., 166 F.3d 1300, 1305 (10th Cir. 1999). All of [*1234] the major life activities that are relev...
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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.

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