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Effective January 1, 2009, the Americans with Disabilities
Act ("ADA") has been amended so as to specify that "lifting" is
a major life activity. See, 42 U.S.C. § 12102(2)(A).
Gillen v. Fallon Ambulance Service, Inc., 283 F.3d
11, 22 (1st Cir. 2002), the court held that lifting is a major life activity:
Whether lifting pen to paper or glass to mouth, lifting
is an integral part of everyday life and seems to fit comfortably within the
parameters set by the Court. We conclude, therefore, that the EEOC
appropriately interpreted the statute, see 29 C.F.R. pt. 1630, App. §
1630.2(i), and that lifting is a major life activity.
In Mack v. Great Dane Trailers, 308 F.3d 776 (7th Cir.
2002), the court explained:
According to EEOC regulations, lifting is a major life
activity. 29 C.F.R. pt. 1630.2(i); see also
Fallon Ambulance Serv., Inc., 283 F.3d 11, 21 (1st Cir. 2002). Great
Dane does not argue otherwise, so we proceed under the assumption that it
is. But see Mays v. Principi, 301 F.3d 866, 869 (7th
Cir. 2002) (expressing doubt that lifting more than 10 pounds is a major
Mack, 308 F.3d at 781 n. 1.
In Breitkreutz v. Cambrex Charles City, Inc., 450 F.3d
780, 783 (8th Cir. 2006), the court explained:
With regard to the activity of lifting, we have noted a
restriction on lifting alone is not a major life limitation. See, e.g.,
Nuzum v. Ozark Auto. Distribs., Inc., 432 F.3d 839, 844-45
(8th Cir. 2005). "[R]ather than viewing lifting as a major life activity in
its own right, it is more accurate to say that it is part of a set of basic
motor functions that together represent a major life activity." Id.
at 845. "[A] limitation on lifting together with limitations on other basic
motor functions may create a triable issue of disability if in the aggregate
they prevent or severely restrict the plaintiff from doing the set of manual
tasks that are of central importance to most people's daily lives."
at 847 (citations omitted).
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