The Fourth Rule of Construction

The fourth rule of construction in determining whether an impairment “substantially limits” a major life activity is:  The determination of whether an impairment substantially limits a major life activity requires an individualized assessment. However, in making this assessment, the term ‘‘substantially limits’’ shall be interpreted and applied to require a degree of functional limitation that is lower than the standard for ‘‘substantially limits’’ applied prior to the ADAAA.

This is one more way of telling the courts that congress intends for this law to be applied broadly, covering more people than the courts determined in the first 18 years of the Americans with Disabilities Act.

In the Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, the issue of “substantially limits” was key.  The court found:  The Court's consideration of what an individual must prove to demonstrate a substantial limitation in the major life activity of performing manual tasks is guided by the ADA's disability definition. "Substantially" in the phrase "substantially limits" suggests "considerable" or "to a large degree," and thus clearly precludes impairments that interfere in only a minor way with performing manual tasks.

As in other court cases, the decision was based on whether or not the individual was covered under the ADA and not whether there was an act of discrimination.  Again, the whole purpose of the amendments is to reverse these priorities. 

Annette Bourbonniere

www.accessing-ability.com

401-846-1960

Fax:  401-846-1944

Twitter:  @AccessInclude