The second rule of construction for determining whether a disability “substantially limits” a person states: An impairment is a disability within the meaning of this section if it substantially limits the ability of an individual to perform a major life activity as compared to most people in
the general population. An impairment need not prevent, or significantly or severely restrict, the individual from performing a major life activity in order to be considered substantially limiting.
Nonetheless, not every impairment will constitute a disability within the meaning of this section.
The EEOC is making it clear that a disability only has to limit the ability to perform a major life activity when compared to the performance of most people. Again, the interpretation is broad and meant to include more people than fewer people. A person can be limited in without being restricted from performing this major life activity. This rule also allows the comparison to be to one’s peers rather than to most people. It also allows the limitation to be compared to how the same individual performed without the limitation.
As this rule follows the one that says the term “substantially limits” needs to be expansive, there is again a clear intention to change the focus from the decision about who is to be included to the act of discrimination.
But that does not mean that there is no standard. As broad as the standard may be, a standard does still exist. Not all impairments cause the person to be limited.
Annette Bourbonniere
401-846-1960
Fax: 401-846-1944
Twitter: @AccessInclude
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