Disclaimer:
The case on which this summary is based may no longer be current law.
Also, if the case was decided on summary judgment, the court recited the
"facts" in the light most favorable to the non-movant, which may not be
the true facts.
-------------------------
In this ADA action, the Court discusses what evidence is necessary to
show that someone is disabled from the major life activity of working.
Duncan v. Washington Metropolitan Area Transit Authority, 240 F.3d
1110 (D.C. Cir. March 2, 2001)(en banc) - Employee with degenerative disc disease
cannot lift more than 20 lbs. To show that he is disabled from the major life activity of
working, he must prove that his impairment, taking into account the appropriate factors,
prevents him from performing a "substantial class" or "broad range" of
jobs otherwise available to him. Appropriate factors include: the geographical area to
which he has reasonable access; and the number and types of jobs utilizing similar
training, knowledge, skills or abilities, within the geographical area from which he is
also disqualified. In determining that he failed to meet his evidentiary burden, the Court
holds that the ADA requires a plaintiff in Duncan's position to show that the total number
of jobs available in a class or range in the relevant labor market is sufficiently low
that he is effectively precluded from working in the class or range. The Court provides a
thorough review of similar decisions from other Circuits. Three Circuit Judges, in a
concurring opinion, raise the issue of whether "working" should qualify as a
major life activity. Click
here to see actual case.