Section 15.22 Covered Disabilities

• Library: Construction Law 2016 Supp

1. (§15.22) Covered Disabilities

To qualify as having a “disability” under the ADA, the individual must have a physical or mental impairment that substantially limits one or more major life activities. Major life activities include walking, speaking, breathing, performing manual tasks, learning, caring for oneself, and working. 42 U.S.C. § 12102(2)(A). To be substantially limited in working, however, it is not sufficient that employees are unable to perform their current job; they must be unable to perform a class of jobs or a broad range of jobs in various classes. McKay v. Toyota Motor Mfg., U.S.A., Inc., 878 F. Supp. 1012 (E.D. Ky. 1995); Wooten v. Farmland Foods, 58 F.3d 382 (8^th Cir. 1995). Temporary impairments such as colds, flu, or broken bones do not substantially limit major life...