Two: Does the impairment limit any major life activities?
An impairment cannot be a disability unless it limits something, and that something is one or more major life activities. A major life activity is an activity that is central to daily life.12 According to the Department’s regulations, major life activities include walking, seeing, hearing, breathing, caring for oneself, sitting, standing, lifting, learning, thinking, working,13 and performing manual tasks that are central to daily life.14 The Supreme Court has also decided that reproduction is a major life activity.15 This is not a complete list. Other activities may also qualify, but they need to be activities that are important to most people’s lives.
12 Toyota Motor Mfg., Kentucky, Inc. v. Williams, 534 U.S. 184 (2002).
13 Bragdon v. Abbott, 524 U.S. 624, 638-49 (1999). The Supreme Court has questioned whether “working” is a major life activity. However, “working” is identified as a major life activity under the regulation for Title II of the ADA, 28 C.F.R. § 35.104, and the regulation for Title I of the ADA, 29 C.F.R. § 1630.2(I).
14 Toyota, 534 U.S. 184.
15 Bragdon v. Abbott, 524 U.S. 624 (1988).
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