13.225.19 Manual tasks

Effective January 1, 2009, the Americans with Disabilities Act ("ADA") has been amended so as to make it easier to prove "regarded as" claims and to make it easier to prove that someone is substantally limited. To read the new regulation, click here.  Cases decided under the "old law" may no longer be correct.

In Toyota Motor Mfg., Kentucky, Inc. v. Williams, 534 U.S. 184, 198 (2002), the Supreme Court explained:

   We . . . hold that to be substantially limited in performing manual tasks, an individual must have an impairment that prevents or severely restricts the individual from doing activities that are of central importance to most people's daily lives. The impairment's impact must also be permanent or long-term. See 29 CFR §§1630.2(j)(2)(ii)–(iii) (2001).

In Emory v. AstraZeneca Pharmaceuticals LP., 401 F.3d 174 (3d Cir. 2005), the court held that an employee with cerebral palsy presented sufficient evidence to survive summary judgment on issue of whether he is substantially limited in the major life activities of performing manual tasks and learning.

In Thornton v. McClatchy Newspapers, Inc., 292 F.3d 1045 (9th Cir. 2002), the court held that in light of the Supreme Court's decision in Toyota Motor Mfg., Kentucky, Inc. v. Williams, 122 S.Ct. 681 (2002), the inability to perform continuous keyboarding and writing is not a substantial limitation on manual tasks.

In Holt v. Grand Lake Mental Health Center, Inc., 443 F.3d 762, 767 (10th Cir. 2006), the court explained:

The record shows Holt's limitations are narrow and specific; it does not indicate she is severely restricted in her ability to perform a broad range of manual tasks. For example, Holt is unable to perform the specific task of cutting her own nails, but she has presented no evidence that would allow a factfinder to conclude she is severely restricted in her ability to perform other manual tasks relating to personal hygiene. While Holt needs help when chopping, cutting, and slicing food, the evidence is insufficient to allow a factfinder to conclude she is severely restricted in her ability to cook. It is undisputed that Holt occasionally must ask others for assistance when buttoning her clothing; Holt has introduced no evidence, however, that would permit a factfinder to conclude she is severely restricted in dressing herself.