29 C.F.R. § 1630.2

Section 1630.2(i) treats walking as a major life activity for determining whether an impairment substantially limits a major life activity.

Ragsdale v. Holder · filed 2009-11-02(i)

The defendant also argues that the plaintiff is not disabled within the meaning of the Rehabilitation Act, which defines a disability as “a physical or mental impairment that substantially limits one or more major life activities,” 29 U.S.C. § 705(9)(B) (2006), which includes “walking,” 29 C.F.R. § 1630.2(i) (2008). ... However, the plaintiff’s affidavit closely details the significant effects of her Bilateral Patellar Chrondromalacia on her ability to walk, and also discusses the additional effects of her other illnesses (e.g. Lupus). ... Thus, the Court concludes that the plaintiff is disabled within the meaning of the Rehabilitation Act.

When determining whether an impairment substantially limits the major life activity of working, the relevant class of jobs may be defined by the individual's expertise, background, and job expectations.

Stockton v. Northwest Airlines, Inc. · filed 2011-03-30(j)(3)(ii)

Stockton’s expertise, background, and job expectations are relevant in defining the class of jobs used to determine whether he is disabled.

Under § 1630.2(j)(3)(i), inability to perform one particular job is not a substantial limitation on the major life activity of working.

Faiola v. APCO Graphics, Inc. · filed 2010-12-10(j)(3)(i)

An "inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working."

For the major life activity of working, a substantial limitation requires being substantially limited in performing a class of jobs or a broad range of jobs in various classes compared with people of comparable training, skills, and abilities.

Allen v. Southcrest Hospital · filed 2011-12-21(j)(3)(i)

With respect to the major life activity of working-- (i) the term substantially limits means significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities. The inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working. 29 C.F.R. § 1630.2(j)(3)(i) (2010). ... Thus, we conclude based on our existing case law, Supreme Court case law, the applicable statute, and the regulations, that to show a disability in the major life activity of working, Ms. Allen was required, even after the enactment of the ADAAA and the modified EEOC regulations, to demonstrate that she was substantially limited in performing a class of jobs or broad range of jobs in various classes as compared to most people with comparable training, skills, and abilities.

Section 1630.2(i)(1) identifies lifting as a major life activity, but the claimant must still show that the impairment substantially limits lifting.

Reynolds v. American National Red Cross · filed 2012-12-07(i)(1)

Federal regulations have established that lifting is a major life activity, see 29 C.F.R. § 1630.2(i)(1), but Reynolds fails to show how he has been "substantially limited" in this regard.

The regulation identifies working as a major life activity.

ROSE v. EAGLE EXPRESS LINES, INC. · filed 2023-11-07(i)(1)(i)

And pursuant to the applicable EEOC regulation, “working” is a major life activity. 29 C.F.R. § 1630.2(i)(1)(i); see Deane v. Pocono Med. Cent., 142 F.3d 138, 143 n.4 (3d Cir. 1998) (en banc) (“Regulations such as these are entitled to substantial deference.”). Thus, it does not matter whether Rose’s cardiovascular condition meant that he was unable to return to work, as Defendants stated when refusing to reinstate him, or not, as Rose argues now. Both real impairments (i.e., actually being unable to return to work) and perceived impairments (i.e., merely being perceived as unable to return to work) fall within the ADA’s definition of “disability.” 42 U.S.C. § 12102(1)(A).

Section 1630.2(i) lists caring for oneself as a major life activity under the ADA.

Equal Employment Opportunity Commission v. Autozone, Inc. · filed 2010-12-30(i)

Self-care has long been recognized as a major life activity under the ADA. The federal regulations adopted in the year following the passage of the Act listed “caring for oneself” as a major life activity. See 29 C.F.R. § 1630.2(i).

A qualified individual must meet the position’s prerequisites and be able to perform its essential functions with or without reasonable accommodation.

Padula v. Clarks Summit State Hospital · filed 2021-09-27(m)

To determine if someone is a qualified individual, the Court follows a two- step inquiry: (1) does the person satisfy the prerequisites for the position; and (2) can the person perform the essential function of the position, with or without reasonable accommodation. 29 C.F.R. § 1630.2(m).

Section 1630.2(m) defines a qualified individual with a disability by the skill, experience, education, and other job-related requirements of the position.

Epps v. Potomac Elec. Power Co. · filed 2019-06-10(m)

"The term 'qualified,' with respect to an individual with a disability means that the individual satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires." ... "With these principles in mind, the Court finds that Plaintiff has pled allegations which are adequate to create an inference *66that she is a qualified individual."

The regulation defines mental impairment broadly to include mental illness and treats a person as a qualified individual when the person meets the job requirements and can perform essential functions with or without accommodation; its disability definitions also cover substantial limits, major life activities, a record of impairment, and being regarded as impaired.

Duda v. Board of Education of Franklin Park Public School District No. 84, John Barry, Dan Pietrini · filed 1998-01-16(h)(2), (m), (j), (i), (k), (l)

The regulations explicating and interpreting the statute define a “mental impairment” as “[a]ny mental or physiological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.” 29 C.F.R. § 1630.2(h)(2). ... The regulations present two prongs to the definition of “qualified individual.” First, the disabled individual “satisfies the requisite skill, experience, education and other job-related requirements of the employment position [he] holds or desires.” 29 C.F.R. § 1630.2(m). Second, he “can perform the essential functions of such position” with or without accommodation. ... Mr. Duda sufficiently alleged a “disability” in his amended complaint. ... Mr. Duda also adequately alleges that he can perform the essential functions of his job.

Section 1630.2(m) defines a qualified individual with a disability as someone who can perform the essential functions of the job, with or without reasonable accommodation; an employee unable to work is not qualified.

Kennedy v. Applause, Inc. · filed 1996-07-31(m)

The ADA defines “qualified individual with a disability” as an “individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.” 42 U.S.C. § 12111(8); 29 C.F.R. § 1630.2(m). ... We conclude the district court did not err in holding there is no genuine issue of a material fact as to Kennedy’s total disability and resulting inability to perform her job with Applause, with or without reasonable accommodation.

Section 1630.2(m) treats an individual as qualified when the person meets the job's prerequisites and can perform its essential functions with or without reasonable accommodation.

McCrory v. Kraft Food Ingredients · filed 1996-10-03(m)

The determination of whether an individual is qualified is determined by (1) whether the individual meets the necessary prerequisites for the job, such as education, training, experience, etc. and (2) whether the individual can perform the essential job functions with or without reasonable accommodation. See 42 U.S.C. § 12111(8); 29 C.F.R. § 1630.2(m).

Section 1630.2(m) requires an ADA plaintiff to be qualified for the job, and a person unable to perform the past work or function in the job's customer-contact environment is not qualified.

Taylor v. Food World, Inc. · filed 1996-12-05(m)

The Americans with Disabilities Act, 42 U.S.C. § 12112(a), forbids employers from discriminating against “a qualified individual with a disability” because of such person’s disability. Thus, in order to prevail on a claim under the ADA, a plaintiff must demonstrate (1) that he has a disability, as defined in 29 C.F.R. § 1630.2(g); (2) that he is “qualified,” as defined in 29 C.F.R. § 1630.2(m); and (3) that the defendant discriminated against him on the basis of disability. ... By virtue of his representations to the SSA, plaintiff is, as a matter of law, incapable of performing his past work at Food World, and therefore cannot be “qualified” under the ADA. ... Because plaintiff was unable to function in a work environment in which he had constant contact with defendants’ customers, he was not qualified for the position of grocery sacker.

Section 1630.2(m) treats a person as a qualified individual with a disability only if, with or without reasonable accommodation, the person can perform the essential functions of the position.

Davis v. Lockheed Martin Operations Support, Inc. · filed 2000-02-29(m)

Thus, by insisting that she could not be present at the office, Davis essentially admits that she is not “otherwise qualified” for her position as technical area specialist, with or without reasonable accommodation.

Section 1630.2(m) requires a qualified individual to satisfy the job’s skill, experience, education, and other job-related requirements and to perform its essential functions with or without reasonable accommodation.

Cousins v. Howell Corp. · filed 2000-09-22(m)

The regulations set forth a two-pronged test that must be applied. First, plaintiff must have the requisite skill, experience, education, and other job-related requirements of the job. 29 C.F.R. § 1630.2(m). That is not at issue here. Second, the plaintiff must show that she can perform the essential elements of the position with or without reasonable accommodation.

Section 1630.2(m) defines a qualified individual by whether the person meets the job's prerequisites and can perform its essential functions with or without reasonable accommodation.

Boback v. General Motors Corp. · filed 1997-01-03(m)

A determination of whether an individual is qualified is made according to (1) whether the individual meets the necessary prerequisites for the job, such as education, training, experience; and (2) whether the individual can perform the essential job functions with or without reasonable accommodation.

Section 1630.2(m) defines a qualified individual with a disability as someone with the required qualifications who can perform the essential job functions with or without reasonable accommodation.

Ross v. Indiana State Teacher's Ass'n · filed 1997-02-07(m)

“Qualified individual with a disability” is defined in 42 U.S.C. § 12111(8) as “an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires,” and the regulations promulgated by the Department of Labor to interpret the ADA further explain that the qualified individual with a disability is one who has the requisite skill, experience, education and other job-related requirements and who can, with or without reasonable accommodation, perform the essential functions of such position. 29 C.F.R. § 1630.2(m). ... Thus, no genuine issue of fact exists as to whether Ross was a qualified individual with a disability, he was not.

Section 1630.2(m) defines a qualified individual with a disability as someone who, with or without reasonable accommodation, can perform the essential functions of the employment position.

Mason v. The Salvation Army, a California Corporation · filed 1997-04-25(m)

The district court correctly instructed the jury that in order for Mason to prove intentional discrimination, she had to prove by a preponderance of the evidence that she was a qualified individual with a disability, which it defined for the jury as "an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position for which the individual applied." 29 C.F.R. § 1630.2(m).

The regulation defines a qualified individual as someone who can perform the essential job functions with or without reasonable accommodation, and recognizes reassignment to a vacant position as a possible reasonable accommodation.

Briscoe v. Us West Communications Inc. · filed 1997-09-15(o)(2), (o)(2)(ii)

A qualified individual with a disability is one who, "with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires." See 42 U.S.C. § 12111(8); 29 C.F.R. § 1630.2(o)(2) (1996); see also Kennedy v. Applause, Inc., 90 F.3d 1477, 1481 (9th Cir.1996). ... 42 U.S.C. § 12111(9); 29 C.F.R. § 1630.2(o)(2)(ii) (reassignment to a vacant position may be a reasonable accommodation); see also Buckingnam v. United States, 998 F.2d 735, 739-40) (9th Cir.1993); cf. Shiring v. Runyon, 90 F.3d 827, 831 (3d Cir.1996) (under Rehabilitation Act, employer not required to create position where one does not exist). ... The only evidence Briscoe presented was that, upon being released to return to restricted work, she was offered a position in the department where she had previously held a temporary position. She did not controvert U.S. West's evidence that the position was for one day only, and that there were no vacant permanent positions in any of its entities.

These provisions define a qualified individual with a disability by the ability to perform essential job functions with or without accommodation, recognize qualifying leave that permits later performance, and require consideration of the likelihood and imminence of harm when assessing a direct threat.

Nunes v. Wal-Mart Stores, Inc. · filed 1997-09-24(m), (n), (o), and (r)

A “qualified individual with a disability” is defined as “an individual with a disability, who with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires at the time of the employment decision.” 42 U.S.C.A. § 12111(8); 29 C.F.R. § 1630.2(m). “Essential functions” are “those functions that the individual must be able to perform unaided or with the assistance of a reasonable accommodation.” 29 C.F.R. § 1630.2(n). An individual with a disability who needs time off from work may be a qualified individual with a disability if the requested leave would allow the individual to perform the essential functions of her employment when the leave is over. 29 C.F.R. § 1630.2(o). Nunes has not produced adequate evidence to prove that she was a qualified individual able to perform the essential functions of her employment. ... In analyzing whether someone poses a direct threat, the employer should consider the likelihood that the potential harm will occur, and the imminence of the potential harm. 29 C.F.R. § 1630.2(r). ... Accordingly, since Nunes would have posed a “direct threat” to the health and safety of Wal-Mart’s customers she was not a “qualified individual with a disability” under the ADA.

Section 1630.2(m) defines a qualified individual with a disability through the ability to meet the job's requirements and perform its essential functions, with or without reasonable accommodation.

Nowak v. St. Rita High School · filed 1998-04-24(m)

The regulations present two prongs to the definition of “qualified individual.” ... Second, he “can perform the essential functions of such position” with or without accommodation. ... Obviously, an employee who does not come to work cannot perform the essential functions of his job.

Subsection (m) requires a qualified individual to meet the position’s prerequisites and be able to perform its essential functions with or without reasonable accommodation.

Haswell v. Marshall Field & Co. · filed 1998-08-17(m)

This inquiry comprises two elements. First, Has-well must satisfy “the prerequisites for the position[,] such as possessing the appropriate educational background, employment experience, skills; licenses, etc.” 29 C.F.R. § 1630.2(m). Second, she must be able to “perform the essential functions of the position held or desired with or with out reasonable accommodation.”

Section 1630.2(m) requires a qualified individual to meet the job's requisite skill, experience, education, and other job-related requirements, while § 1630.2(o)(3) requires an informal interactive process to identify reasonable accommodations.

Ross v. Indiana State Teacher's Association Insurance Trust · filed 1998-09-03(m), (o)(3)

There are two prongs to the "qualified individual" definition. First, the disabled individual must satisfy "the requisite skill, experience, education and other job-related requirements of the employment position [he] holds or desires." 29 C.F.R. § 1630.2(m). In light of Mr. Ross' 20+ year term of employment as a UniServ Director for ISTA, there is no dispute between the parties that he possesses the requisite skill and experience necessary to do the job. Second, the person must establish that he "can perform the essential functions of such position" with or without accommodation. Id. This aspect of the definition of "qualified individual" is in dispute. ... On this record, we do not think that a reasonable trier of fact could determine that ISTA bore the responsibility for the breakdown; it cannot be said that ISTA failed to engage in the informal interactive process required of it. See 29 C.F.R. § 1630.2(o)(3); Beck, 75 F.3d at 1136 (stating that "failure to provide the information may be the cause of the breakdown and the party withholding the information may be found to have obstructed the process").

Section 1630.2(m) defines a qualified individual by requiring the requisite skill, experience, education, and other job-related requirements for the employment position.

Hernandez v. Hughes Missile Systems Co. · filed 2002-06-11(m)

Hernandez must' also demonstrate that he was a “qualified” individual for the job for which he sought rehire, that is, he must demonstrate that he has the “requisite skill, experience, education and other job-related requirements -of the employment position.” 29 C.F.R. § 1630.2(m).

Section 1630.2(m) defines a qualified individual by reference to the requisite skill, experience, education, and other job-related requirements of the position.

Hernandez v. Hughes Missile Systems Co. · filed 2002-08-12(m)

Hernandez must also demonstrate that he was a "qualified" individual for the job for which he sought rehire, that is, he must demonstrate that he has the "requisite skill, experience, education and other job-related requirements of the employment position." 29 C.F.R. § 1630.2(m).

Section 1630.2(m) defines a qualified individual through a two-part inquiry: the person must meet the position's job-related requirements and be able to perform its essential functions with or without reasonable accommodation.

Buskirk v. Apollo Metals Pma Insurance Group · filed 2002-09-20(m)

The EEOC regulations divide this inquiry into two parts: (1) whether the individual has the requisite skill, experience, education and other job-related requirements of the position sought, and (2) whether the individual, with or without reasonable accommodation, can perform the essential functions of that position. 29 C.F.R. § 1630.2(m).

Section 1630.2(m) defines a qualified individual with a disability as someone who, with or without reasonable accommodation, can perform the essential functions of the job held or sought.

Wheeler v. Baldor Electric Co. · filed 2005-08-31(m)

The ADA defines “qualified individual with a disability” as an “individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.” 42 U.S.C. § 12111(8); 29 C.F.R. § 1630.2(m).

Section 1630.2(m) treats qualification as requiring both the job-related qualifications and the ability, with or without reasonable accommodation, to perform the position’s essential functions.

Nunn v. Illinois State Board of Education · filed 2006-12-22(m)

The inquiry has two parts: whether the plaintiff “satisfies the requisite skill, experience, education and other job-related requirements” and whether she “can perform the essential functions” of her position. 29 C.F.R. § 1630.2(m). Nunn’s qualifications are not at issue, so we turn to the second requirement.

Section 1630.2(m) requires a qualified individual to satisfy the position’s requisite skill, experience, education, and other job-related requirements.

EEOC v. Lee's Log Cabin, Incorporated · filed 2008-10-06(m)

A qualified individual is “an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.” 42 U.S.C. § 12111(8). The individual must also “satisf[y] the requisite skill, experience, education and other job-related requirements of the employment position.” 29 C.F.R. § 1630.2(m). ... Log Cabin required its wait-staff employees to lift, transport, and carry objects weighing from 25 to 30 pounds up to 20 or more times per shift, and Stewart indicated on her job application that she could not lift more than 10 pounds. ... Accordingly, Stewart was not a qualified individual under the ADA, and for this additional reason, summary judgment in favor of Log Cabin was appropriate.

Section 1630.2(m) defines a qualified individual with a disability as someone who meets the job requirements and can perform the position's essential functions with or without reasonable accommodation.

Budde v. Kane County Forest Preserve · filed 2010-03-04(m)

A “qualified individual with a disability” is someone who (1) satisfies the requisite skill, experience, education, and other job-related requirements of his employment position, and (2) can perform the essential functions of the position held or desired, with or without reasonable accommodation. 29 C.F.R. § 1630.2(m). Budde’s claim fails because, as a result of his misconduct, he cannot perform essential job functions in that he (1) failed to comply with universal workplace rules and (2) could not perform an essential job function in that he was unable to operate a motor vehicle due to his suspended driver’s license.

Section 1630.2(m) defines a qualified individual as a person with a disability who can perform the essential functions of the job with or without reasonable accommodation.

Graffius v. Shinseki · filed 2009-12-11(m)

Under the Act, a “qualified individual” is “an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.” 42 U.S.C. § 12111(8); 29 C.F.R. § 1630.2(m); ... Therefore, an individual with a disability is “qualified” if she can perform the essential functions of her position with reasonable accommodation.

Section 1630.2(m) defines a qualified individual as a person with a disability who meets the position’s job-related requirements and can perform its essential functions with or without reasonable accommodation.

Kelley v. Corrections Corporation of America · filed 2010-09-30(m)

Pursuant to 29 C.F.R. § 1630.2(m) a “qualified individual” is an individual with a disability who (1) “satisfies the requisite skill, experience, education and other job-related requirements of the employment position,” and (2) “who, with or without reasonable accommodation, can perform the essential functions of such position.”

Section 1630.2(m) defines a qualified individual with a disability as one who meets the position's job-related requirements and can perform its essential functions with or without reasonable accommodation.

Earnest Hammond, Jr. v. Jacobs Field Services · filed 2012-12-05(m)

“The term ‘qualified individual with a disability’ means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.” 42 U.S.C. § 12111(8); see also 29 C.F.R. § 1630.2(m) (“Qualified individual with a disability means an individual with a disability who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position.”). ... Because Hammond was not qualified for his position, and because the accommodations he sought were not reasonable under the ADA, summary judgment was appropriate on Hammond’s ADA discrimination claim.

Section 1630.2(m) defines a qualified individual with a disability as someone who can perform the essential functions of the position, with or without reasonable accommodation.

Atkins v. Holder · filed 2013-06-18(m)

A “qualified individual with a disability” is “an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.” 42 U.S.C. § 12111(8) (2006). See also 29 C.F.R. § 1630.2(m) (2012). At the time of his termination, Atkins was under several medical restrictions that significantly curtailed the time he was allowed to walk or stand. Prior to being barred from the institution, Atkins was assisted by two metal canes with forearm braces and stated that he was afraid for his safety. Because the correctional counselor position was a law enforcement position that required Atkins to physically restrain and control inmates, and no accommodation could be made to alleviate his restrictions, we conclude that Atkins did not make a prima facie claim for disability discrimination.

Section 1630.2(m) defines a qualified individual with a disability as someone who meets the job's requirements and can perform its essential functions with or without reasonable accommodation.

Moses v. United States Steel Corp. · filed 2013-05-16(m)

A “qualified individual with a disability” is someone who “(1) satisfies the requisite skill, experience, education, and other job-related requirements of his employment position, and (2) can perform the essential functions of the position held or desired, with or without reasonable accommodation.”

Section 1630.2(m) requires a two-part inquiry into whether an individual has the requisite job-related qualifications and can perform the essential functions of the position with or without reasonable accommodation.

Brangman v. AstraZeneca, LP · filed 2013-06-19(m)

The EEOC regulations have a two part inquiry: (1) whether the individual has the requisite skill, experience, education and other job-related requirements of the position sought, and (2) whether the individual, with or without reasonable accommodation, can perform the essential functions of that position.

Section 1630.2(m) treats a person as a qualified individual with a disability only if the person can perform the essential functions of the position with or without reasonable accommodations.

Siudock v. Volusia County School Board · filed 2014-06-03(m)

A “qualified” individual with a disability can perform the essential functions of the position with or without reasonable accommodations. ... Among other things, Siudock was not a “qualified individual” under the ADA because he could not perform an essential function of the job with or without accommodations. See 29 C.F.R. § 1630.2(m).

Section 1630.2(m) defines a qualified individual as one who meets the job-related requirements and can perform the essential functions of the position with or without reasonable accommodation.

Perez v. Transformer Manufacturers, Inc. · filed 2014-03-24(m)

satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires and, with or without reasonable accommodation, can perform the essential functions of such position.

Section 1630.2(g) covers an individual with a qualifying disability, while § 1630.2(m) requires the ability to perform the essential functions of the job with or without reasonable accommodation.

Ponder v. Department of the Air Force · filed 2014-08-28(g), (m)

In order to establish disability discrimination, an employee must show that: (1) he is an individual with a disability, as defined by 29 C.F.R. § 1630.2(g); (2) he is a qualified individual with a disability, as defined by 29 C.F.R. § 1630.2(m); and (3) the agency failed to provide a reasonable accommodation. ... The administrative judge found that the appellant is an individual with a disability based on his testimony that he suffered a stroke in 2009 and evidence of its effect on his ability to function. ... The appellant also failed to establish that he is a qualified individual with a disability, i.e., that he could perform the essential functions of his aircraft maintenance position with or without accommodation. See 29 C.F.R. § 1630.2(m).

Section 1630.2(m) requires a qualified individual with a disability to be able to perform the essential functions of the position, with or without a reasonable accommodation.

Travis v. Department of the Army · filed 2014-09-08(m)

A qualified individual with a disability must be able to perform the essential functions of her position with or without a reasonable accommodation. ... After receiving the accommodation she requested, the appellant was thus unable to maintain a regular part-time work schedule. Because she was medically unable to report for work, 4 she could not perform the essential functions of her position.

Section 1630.2(m) defines a qualified individual as someone who can perform the essential functions of the job, with or without reasonable accommodation.

Barley v. Fox Chase Cancer Center · filed 2014-09-03(m)

The term “qualified individual” means an individual who, with or without reasonable accommodation, can perform the essential, functions of the employment position that such individual holds or desires. 42 U.S.C. § 12111(8). Our Court of Appeals has held this is a two-part inquiry: “(1) whether the individual has the requisite skill, experience, education and other job-related requirements of the position sought, and (2) whether the individual, with or without reasonable accommodation, can perform the essential functions of that position.” Buskirk v. Apollo Metals, 307 F.3d 160, 168 (3d Cir. 2002) (quoting 29 C.F.R. § 1630.2(m)).

Subsection (m) defines a qualified individual as someone who meets the position's requisite qualifications and can perform its essential functions with or without reasonable accommodation.

Jarvela v. Crete Carrier Corporation · filed 2015-01-28(m)

The dispositive factor is the second element of Jarvela’s prima facie case: whether Jarvela was a qualified individual. Jarvela had to produce evidence sufficient to persuade a reasonable jury that at the time he was terminated he “satisfie[d] the requisite skill, experience, education and other job-related requirements of the employment position” from which Crete terminated him, and that, “with or without reasonable accommodation, [he could] perform the essential functions of the position.” 29 C.F.R. § 1630.2(m).

Section 1630.2(m) defines a qualified individual with a disability as someone who can perform the essential functions of the position, with or without reasonable accommodation.

Davenport v. Department of the Navy · filed 2015-02-19(m)

In order to establish a disability-based failure to accommodate, an employee must show that: (1) she is an individual with a disability; (2) she is a qualified individual with a disability, as defined by 29 C.F.R. § 1630.2(m); and (3) the agency failed to provide a reasonable accommodation. ... We accordingly find no reason to differ with the administrative judge’s conclusion that the appellant is not a qualified individual with a disability, and we AFFIRM his denial of the appellant’s failure-to-accommodate affirmative defense.

Section 1630.2(g)(1) covers an individual with a disability who has a substantially limiting impairment, a record of such an impairment, or is regarded as having one.

Thome v. Department of Homeland Security · filed 2015-02-27(g)(1)

To prove disability discrimination, the appellant first must establish that she is an individual with a disability as that term is defined in the ADAAA and the EEOC regulations. ... The appellant may prove that she has a disability by showing that she: (1) has a physical or mental impairment that substantially limits one or more major life activities; (2) has a record of such impairment; or (3) is regarded as having such an impairment. ... Similarly, we find that lactation is not an impairment and therefore not itself a disability. ... We conclude the appellant has not established that she is a person with a disability and that her claim of disability discrimination therefore fails.

Section 1630.2(m) defines a qualified individual as one who meets the job requirements and can perform the essential functions with or without reasonable accommodation.

Manock v. Department of State · filed 2015-07-23(m)

With exceptions not applicable here, the term “qualified” means that the individual satisfies the requisite skill, experience, education and other job-related requirements of the employment position the individual holds or desires and, with or without reasonable accommodation, can perform the essential functions of such position. 29 C.F.R. § 1630.2(m).

Section 1630.2(m) treats a person as qualified when they can perform a position’s essential functions with or without reasonable accommodation, while § 1630.2(g)(1)(i) covers a person with an actual or perceived impairment.

Cousin v. Department of Homeland Security · filed 2015-07-24(m); (g)(1)(i)

... The appellant is qualified if he can perform the essential functions of the Customs and Border Protection Officer position, or a position to which he might be reassigned, with or without reasonable accommodation. ... For the reasons set forth above, we find that the appellant’s psychological condition rendered him unable to perform the essential functions of the Customs and Boarder Protection Officer position without accommodation. ... Because the appellant has not shown that he was a qualified individual with a disability, he has not proven his disability discrimination claim. ... Regardless of whether the appellant is actually disabled (as claimed by the agency) or merely perceived as such (as claimed by the appellant), he meets the definition of an individual with a disability. See 29 C.F.R. § 1630.2(g)(1)(i), (iii).

Section 1630.2(m) defines a qualified individual with a disability by whether the person satisfies the skill, experience, education, and other job-related requirements of the position held or desired.

Epps v. Potomac Electric Power Company · filed 2019-06-10(m)

In order to proceed on her disability discrimination claim, Plaintiff must allege that, at the time of the adverse action, she qualified for a position, meaning that “with or without reasonable accommodations, [Plaintiff could] perform the essential functions of the employment position that [Plaintiff] h[eld] or desire[d].” 42 U.S.C. § 12111(8). “The term ‘qualified,’ with respect to an individual with a disability means that the individual satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires.” 29 CFR § 1630.2(m).

Section 1630.2(m) treats an individual as qualified when the individual satisfies the requisite skill, experience, education, and other job-related requirements of the position sought.

U.S. Equal Employment Opportunity Commission v. MJC, Inc. · filed 2019-07-11(m)

An individual is qualified if he or she “satisfies the requisite skill, experience, education, and other job-related requirements of the employment position” he seeks.

Section 1630.2(m) defines a qualified individual as one who meets the position’s skill, experience, education, and other job-related requirements and can perform its essential functions with or without reasonable accommodation.

McAlman v. Bernhardt · filed 2019-08-08(m)

To state a prima facie claim for disparate treatment in violation of the Rehabilitation Act, a plaintiff must allege that “(1) she is a person with a disability, (2) who is otherwise qualified for employment, and (3) suffered discrimination because of her disability.” ... A person is “qualified” if she “satisfies the requisite skill, experience, education and other job-related requirements of the employment position . . . and, with or without reasonable accommodation, can perform the essential functions of such position.” 29 C.F.R. § 1630.2(m).

Section 1630.2(m) treats an employee as qualified only if, with or without reasonable accommodation, she can perform the position's essential functions; an accommodation that removes an essential function does not satisfy that requirement.

Davis v. Brennan · filed 2019-08-22(m)

Being qualified for the position is a prima facie element of employment discrimination under Title VII, the ADEA, and the Rehabilitation Act. In order to be qualified, an employee must show that she “can perform the essential functions of the employment position” that she holds or seeks “with or without reasonable accommodation.” 42 U.S.C. § 12111(8); see 29 C.F.R. § 1630.2(m), (n). The Fifth Circuit has adopted a two-part test to determine whether an employee is qualified. Chandler, 2 F.3d at1393. First, a court must determine whether the employee “could perform the essential functions of the job i.e. functions that bear more than a marginal relationship to the job at issue.” Id. Second, if the court concludes that she cannot perform the essential functions of the job, it “must determine whether any reasonable accommodation by the employer would enable [her] to perform those functions.” Id. at 1393-94.

Section 1630.2(m) defines job qualifications by requiring the requisite skill, experience, education, and other job-related requirements for the position.

ORZECH v. MUHLENBERG TOWNSHIP · filed 2019-11-25(m)

Being qualified for the position includes having “the requisite skill, experience, education and other job-related requirements of the employment position.” 29 C.F.R. § 1630.2(m). ... Here, once again, Plaintiff has not alleged sufficient facts in the amended complaint, if proven, that would demonstrate he was qualified to perform the essential functions of: (1) his previous job as a police officer, (2) the offered job as a property maintenance officer and park attendant/caretaker, (3) or some other position with the township that is vacant with or without a reasonable accommodation.

Section 1630.2(m) defines a qualified individual as one who meets the job-related requirements of the position and can perform its essential functions with or without reasonable accommodation.

Cottam v. Walgreen Co. · filed 2020-01-14(m)

The ADA’s regulations explicitly define what it means to be “qualified.” Specifically, “the term ‘qualified,’ with respect to an individual with a disability, means that the individual satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires and, with or without reasonable accommodation, can perform the essential functions of such position.” 29 C.F.R. § 1630.2(m). ... Here, Plaintiff has sufficiently alleged that she would have been able to return to work. ... Thus, Plaintiff has alleged sufficient factual allegations that she is a qualified individual under the FCRA.

Section 1630.2(m) treats a person as qualified only if they meet the job's prerequisites and can perform its essential functions with or without reasonable accommodation.

Olmstead v. Modly · filed 2020-02-12(m)

Courts use a two-step analysis to determine whether a plaintiff is otherwise qualified for a position: (1) he must have the requisite skills, experience, education, and other job-related requirements of the employment position such individual holds or desires, and (2) with or without reasonable accommodation, he must be able to perform the essential functions of the position. Id. at 565; 29 C.F.R. § 1630.2(m). “Unless a disabled individual independently satisfies the job prerequisites, she is not ‘otherwise qualified,’ and the employer is not obligated to furnish any reasonable accommodation that would enable her to perform the essential job functions.” Johnson, 666 F.3d at 565–66. ... Plaintiff has not shown that he is a qualified individual for the NT Supervisor position because he does not have the prerequisite Supervisor Qualification. See Johnson, 666 F.3d at 567 (holding that a school board employer was not required by the ADA to accommodate a teacher’s disability by granting her request for provisional authorization to teach without a teaching certificate). Although Plaintiff contends that other supervisors were not required to have the Supervisor Qualification or that the Supervisor Qualification should not be necessary, Plaintiff does not show that NT Supervisors are not required to have the Supervisor Qualification. Instead, it appears to be Defendant’s policy that NT Supervisors are required to have the Supervisor Qualification. See, e.g., Dkts. 20; 26, at 4; and 27-1, at 5. Plaintiff has not shown that he is otherwise qualified for the NT Supervisor position, nor does Plaintiff allege that the position’s Supervisor Qualification requirement is itself discriminatory. Therefore, the Court should grant Defendant’s Motion for Partial Summary Judgment.

Section 1630.2(m) requires a two-step qualification inquiry: the individual must first satisfy the job’s skill, experience, education, and other job-related prerequisites, and then be able to perform its essential functions with or without reasonable accommodation.

Sunny Anthony v. Trax International Corp. · filed 2020-04-17(m)

The EEOC promulgated 29 C.F.R. § 1630.2(m) to further elaborate upon the meaning of the term “qualified.” That subsection sets forth a two-step inquiry for determining whether the individual is qualified. We first determine whether the individual satisfies the prerequisites of the job; more specifically, whether “the individual satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires.” At step two, we determine whether, “with or without reasonable accommodation,” the individual is able to “perform the essential functions of such position.” 29 C.F.R. § 1630.2(m).

The regulation recognizes that an impairment lasting less than six months may qualify as a disability if it substantially limits a major life activity, and defines a qualified individual as one who can perform essential job functions with or without reasonable accommodation.

Carpenter v. York Area United Fire and Rescue · filed 2020-04-17(m), (j)(1)(ix)

Section 12111(8) of Title 42 of the United States Code defines “qualified individual” as “an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.” 42 U.S.C. § 12111(8); 29 C.F.R. § 1630.2(m). ... Short-term impairments that last for less than six months may qualify as disabilities, so long as they substantially limit a major life activity. See 29 C.F.R. § 1630.2(j)(1)(ix). ... YAUFR next argues that Carpenter is not a qualified individual for ADA purposes because he could not perform the essential functions of his job with or without reasonable accommodation. We agree. ... Such indefinite leave, with no ascertainable duration, is not a reasonable accommodation under the ADA. Fogelman, 122 F. App’x at 585-86 (collecting cases). And because Carpenter’s proposed accommodation is unreasonable as a matter of law, he is not a “qualified individual.” See Gaul v. Lucent Techs., Inc., 134 F.3d 576, 581 (3d Cir. 1998). Thus, we need not analyze the third element of Carpenter’s prima facie case. Carpenter unquestionably fails to establish that he was a qualified individual, which is fatal to his ADA discrimination claim.

Section 1630.2(m) defines a qualified individual as one who has the skill, experience, education, and other requirements of the position held or desired.

Mack v. Chicago Transit Authority · filed 2020-06-22(m)

“According to 29 C.F.R. § 1630.2(m), an individual is qualified if they have the necessary skill, experience, education, and other requirements of the position they hold or desire.” Winkfield v. Chi. Transit Auth., No. 19-CV-1721, 2020 WL 405647, at *3 (N.D. Ill. Jan. 24, 2020) (emphasis in original). Just as Ms. Mack does not allege that she was a qualified individual with respect to her position as a bus driver, she does not plead any facts as to her qualifications for another position with CTA.

Section 1630.2(m) requires a qualified individual with a disability to have the requisite skill, experience, education, and other job-related requirements for the position.

Lincoln v. BNSF Railway Company · filed 2020-07-15(m)

A “qualified individual” with a disability is “an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.” 42 U.S.C. § 12111(8). To show he was a “qualified individual,” plaintiff must establish that he had “‘the requisite skill, experience, education and other job-related requirements of the employment position.’” Tate v. Farmland Indus., Inc., 268 F.3d 989, 993 (10th Cir. 2001) (quoting 29 C.F.R. § 1630.2(m)).

Section 1630.2(m) treats an individual as qualified when, with or without reasonable accommodation, the individual can perform the essential functions of the position.

Hutchinson v. City of Thompson Falls · filed 2020-12-16(m)

The question under the second step of the qualified individual inquiry, then, is whether, “with or without reasonable accommodation,” the Hutchinson is “able to perform the essential functions of such position.” Anthony, 955 F.3d at 1127–28 (quoting 29 C.F.R. § 1630.2(m)).

Section 1630.2(m) defines a qualified individual with a disability as someone who meets the position’s job-related prerequisites and can perform its essential functions with or without reasonable accommodation.

Williams v. Illinois Department of Human Rights · filed 2021-01-20(m)

The ADA protects only “qualified individual[s] with a disability,” 42 U.S.C. § 12112(a). ... A “qualified individual with a disability” is someone who “(1) satisfies the requisite skill, experience, education, and other job-related requirements of his employment position, and (2) can perform the essential functions of the position held or desired, with or without reasonable accommodation.” Budde v. Kane Cty. Forest Pres., 597 F.3d 860, 862 (7th Cir. 2010) (quoting 29 C.F.R. § 1630.2(m)). ... Williams’ claims fail because she does not plausibly allege that she is a “qualified individual” under the ADA. ... state guidelines required Option 2 applicants to have certain “job-related requirements” to qualify for the position—i.e. a passing grade from a typing skills test administered by CMS—and further show that Williams did not take that test or receiving a passing grade.

Section 1630.2(m) defines a qualified individual through a two-part inquiry: whether the person meets the job prerequisites and whether, with or without reasonable accommodation, the person can perform the position’s essential functions.

Skinner v. Newmont Mining Corporation · filed 2021-03-12(m)

The regulation, 29 C.F.R. § 1630.2(m), gives a two-part analysis. Courts must “first determine whether the individual satisfies the prerequisites of the job; more specifically, whether ‘the individual satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires.’” Anthony v. Trax Int’l Corp., 955 F.3d 1123, 1128 (9th Cir. 2020) (quoting 29 C.F.R. § 1630.2(m)). Second, courts “determine whether, ‘with or without reasonable accommodation,’ the individual is able to ‘perform the essential functions of such position.’” Id. (quoting 29 C.F.R. § 1630.2(m)).

Section 1630.2 defines disability to include an impairment substantially limiting a major life activity, identifies working as a major life activity, and defines a qualified individual with a disability by reference to the ability to perform essential job functions with or without reasonable accommodation.

Smith v. Wormuth · filed 2021-09-03(g), (i), (m)

A disability is defined, inter alia, as “A physical or mental impairment that substantially limits one or more of the major life activities of such individual.” 29 C.F.R. § 1630.2(g). Major life activities include working. 29 C.F.R. § 1630.2(i). A “qualified individual with a disability” means “an individual with a disability who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position.” 29 C.F.R. § 1630.2(m).

Section 1630.2(n) defines qualification for a job in two parts: the individual must meet the job-related requirements and, with or without reasonable accommodation, perform the essential functions.

Sloat v. Commonwealth of Pennsylvania - Office of Information Technology · filed 2021-11-29(n)

“We similarly conclude that Sloat was qualified to perform the essential functions of her job. Under the ADA, the EEOC regulations divide the question of whether an individual is qualified for his or her position into two parts: “(1) whether the individual has the requisite skill, experience, education and other job-related requirements of the position sought, and (2) whether the individual, with or without reasonable accommodation, can perform the essential functions of that position.” Turner, 440 F.3d at 611 (citing 29 C.F.R. § 1630.2(n)); see also Bisker v. GGS Info. Servs., 2010 U.S. Dist. LEXIS 53879, *5 (M.D. Pa. June 2, 2010). Sloat holds both undergraduate and graduate degrees and has testified to past employment as an information management consultant, an application analyst, and a business consultant. (Doc. 27-1, at 6-7, 8, 10). Moreover, her medical records show that, despite her social impairments, Sloat’s alleged disability “does not interfere with [her] ability to do active work.” (Doc. 1, at 18). We therefore determine that Sloat is qualified to perform the essential functions of her job.”

Section 1630.2(m) defines a qualified individual with a disability as someone who meets the position's job-related requirements and can perform its essential functions with or without reasonable accommodation.

Griffin-Thomas v. La Rabida Children's Hospital · filed 2022-01-11(m)

A “qualified individual” with a disability is a person who can (1) satisfy the requisite skill, experience, education, and other job-related requirements of the position; and (2) perform the essential functions of the position, with or without reasonable accommodation. 42 U.S.C. § 12111(8); 29 C.F.R. § 1630.2(m). ... The Complaint thus fails to adequately allege that Griffin-Thomas was qualified to perform the essential functions of her job with or without a reasonable accommodation.

Section 1630.2(m) defines a qualified individual as one who meets the position's job-related requirements and can perform its essential functions with or without reasonable accommodation.

Atkinson v. Department of Veterans Affairs · filed 2023-02-16(m)

With exceptions not applicable here, the term “qualified” means that the individual satisfies the requisite skill, experience, education and other job -related requirements of the employment position the individual holds or desires and, with or without reasonable accommodation, can perform the essential functions of such position. 29 C.F.R. § 1630.2(m). The administrative judge found that the appellant failed to prove this element of her disability discrimination affirma tive defense because the record showed that she could not perform the essential “Quality” standard of her position with or without accommodation.

Section 1630.2(m) treats an individual as qualified if, with or without accommodation, the individual can perform the essential functions of the position held or a vacant funded position to which reassignment is possible.

Sinclair v. Department of Transportation · filed 2023-06-30(m)

An appellant can establish that he is a qualified individual with a disability by showing that he can, with or without accommodation, perform either the essential functions of his position of record or those of a vacant funded position to which he could be assigned. Desjardin v. U.S. Postal Service, 2023 MSPB 6, ¶ 28; see 29 C.F.R. § 1630.2(m).

Section 1630.2(m) defines a qualified individual with a disability by reference to the ability to satisfy job-related requirements, and the Board applied that definition to require a favorable suitability determination.

Green v. Department of Veterans Affairs · filed 2024-01-03(m)

We find that the appellant in this case is not a qualified disabled individual because, during the relevant time period, he could not satisfy the requisite skill, experience, education, and other job-related requirements of the Medical Instrument Technician position and because he does not satisfy the job-related requirement of a favorable suitability determination.

Sections 1630.2(g) and (m) require a failure-to-accommodate claimant to be an individual with a disability and a qualified individual who can perform the position’s essential functions with or without reasonable accommodation.

Smith v. Department of Energy · filed 2024-02-22(m), (g)

To establish disability discrimination on the basis of a failure to accommodate, an employee must show that: (1) he is an individual with a disability, as defined by 29 C.F.R. § 1630.2(g); (2) he is a qualified individual with a disability, as defined by 29 C.F.R. § 1630.2(m); and (3) the agency failed to provide a reasonable accommodation. ... The record below establishes that although the appellant demonstrated that he is an individual with a disability, he did not establish that he is a qualified individual with a disability. ... Thus, at the time of his removal, the appellant was medically incapacitated, could not perform the essential functions of his position, and was not a qualified individual with a disability.

Section 1630.2(m) covers an employee who can perform the essential functions of a position with or without reasonable accommodation; inability to meet the essential output standard means the employee is not qualified, even with full-time telework.

Young v. Department of Veterans Affairs · filed 2024-05-15(m)

Moreover, even if we find for the purposes of our analysis that the appellant has proven that he has a disability, he has failed to prove that he is a qualified individual with a disability pursuant to 29 C.F.R. § 1630.2(m). A qualified individual with a disability is a person who, with or without reasonable accommodation, can perform the essential functions of a position. 42 U.S.C. § 12111(8); 29 C.F.R. § 1630.2(m). The essential functions of a position generally refer to the fundamental job duties or the reason for a position’s existence as reflected in, among other things, the amount of time spent on a particular task. Henry v. Department of Veterans Affairs, 100 M.S.P.R. 124, ¶ 10 (2005). Despite the accommodation of full-time telework, the appellant was still unable to perform the essential functions of his position, i.e., to perform to the fully acceptable level in the output critical element. The agency is not required to lower its production or performance standards as a reasonable accommodation. Byrne v. Department of Labor, 106 M.S.P.R. 43, ¶ 7 (2007).

Section 1630.2(m) defines a qualified individual with a disability as someone who meets the job’s requirements and can perform its essential functions with or without reasonable accommodation.

Malan v. RKB Industrial · filed 2024-05-16(m)

To be protected by the ADA, a plaintiff must be a “qualified individual with a disability,” which means “that the individual satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires and, with or without reasonable accommodation, can perform the essential functions of such position.” 29 C.F.R. § 1630.2(m) (emphasis added).

Section 1630.2(m) defines a qualified individual with a disability as someone who can perform the essential functions of the position held or desired, with or without reasonable accommodation.

Adams v. General Services Administration · filed 2024-09-16(m)

A qualified individual with a disability is one who can “perform the essential functions of the . . . position that such individual holds or desires” with or without reasonable accommodation. 42 U.S.C. § 12111(8); 29 C.F.R. § 1630.2(m). ... Specifically, the appellant did not show that, if granted more leave, he could resume working in his position in the foreseeable future, and the appellant did not otherwise articulate an accommodation that would allow him to return to duty and perform the essential functions of his position. ... Thus, we agree with the administrative judge that the appellant failed to demonstrate that he was a qualified individual with a disability.

Section 1630.2(m) defines a qualified individual with a disability as someone who meets the job's requirements and can perform its essential functions, with or without accommodation.

Thomas v. Constellation Energy Generation, LLC. · filed 2025-06-09(m)

A qualified individual with a disability is someone who can satisfy the requisite skill, experience, education, and other job-related requirements of their position and perform the essential functions of the position, with or without accommodation. ... But Constellation gets ahead of itself by evaluating Thomas’s qualification after the alleged discriminatory adverse employment action. According to Thomas, Constellation revoked this qualification discriminatorily based on his disability, rendering him unqualified. ... Accepting his allegations as true, Thomas had unescorted access authorization before any discrimination occurred and was therefore a qualified individual.

Section 1630.2(m) defines a qualified individual with a disability as someone who meets the job’s requirements and can perform its essential functions with or without reasonable accommodation.

Bunting v. Department of Justice · filed 2025-11-20(m)

A qualified individual with a disability is an individual who “satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires and, with or without reasonable accommodation, can perform the essential functions of such position.” 29 C.F.R. § 1630.2(m); see 42 U.S.C. § 12111(8); Haas, 2022 MSPB 36, ¶ 28. The appellant’s prior performance evaluations reflect that she satisfactorily performed in the Intelligence Research Specialist position for more than 15 years.

Section 1630.2(m) defines a qualified individual with a disability as someone who can perform the essential functions of the job with or without reasonable accommodation.

Baughn · filed 2025-12-17(m)

"A qualified individual with a disability is defined as an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires." Smith v. Clark Cnty. Sch. Dist., 727 F.3d 950, 955 (9th Cir. 2013) (citation and internal quotations omitted); see 29 C.F.R. § 1630.2(m). ... "However, plaintiff does not allege facts showing that he can perform the essential functions of his crane operator position with or without accommodation." ... "More is needed than mere conclusory reiterations of the legal elements."

Section 1630.2(m) defines a qualified individual with a disability as someone who can perform the essential functions of a position held or desired, with or without reasonable accommodation.

Le v. Department of Veterans Affairs · filed 2026-05-26(m)

A qualified individual with a disability is one who “can perform the essential functions of the . . . position that such individual holds or desires” with or without reasonable accommodation. 42 U.S.C. § 12111(8); Haas, 2022 MSPB 36, ¶ 28; 29 C.F.R. § 1630.2(m). Only an otherwise qualified individual with a disability is entitled to relief for a claim of status-based disability discrimination or denial of reasonable accommodation. Haas, 2022 MSPB 36, ¶ 29. For the following reasons, we find that the appellant did not prove his denial of reasonable accommodation claim because he did not prove that he is a qualified individual with a disability.

Section 1630.2(m) treats an individual as qualified when the person meets the job’s skill, experience, education, and other job-related requirements and can perform its essential functions with or without reasonable accommodation.

Amarillas v. Department of Justice · filed 2026-06-08(m)

To be “qualified,” the employee must satisfy “the requisite skill, experience, education and other job-related requirements” of the job. 29 C.F.R. § 1630.2(m).

A qualified individual must be able to perform the essential duties of the position with or without reasonable accommodation.

Brosius v. Department of Labor · filed 2016-08-17(m)

To establish disability discrimination, an employee must show that: (1) she is an individual with a disability, as defined by 29 C.F.R. § 1630.2(g); (2) she is a qualified individual with a disability, as defined by 29 C.F.R. § 1630.2(m); and (3) the agency failed to provide a reasonable accommodation. ... When an appellant cannot show that she can perform the essential duties of her position with or without accommodation, the Rehabilitation Act does not require the agency to accommodate her medical condition.

A person who no longer meets a job requirement necessary to perform essential duties is not a qualified individual with a disability.

Henry Geter, III v. Government Printing Office · filed 2015-07-15(m)

A qualified individual with a disability is an individual with a disability “who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without ... reasonable accommodation, can perform the essential functions of such position.” 29 C.F.R. § 1630.2(m); see Henson, 110 M.S.P.R. 624, ¶ 7. ... Because he was no longer technically qualified for his position, we find that, at the time of the agency’s removal action, the appellant was not a qualified individual with a disability.

An employee who cannot perform the essential functions of a position despite reasonable accommodations is not a qualified individual with a disability.

Abrams v. Abrams · filed 2022-11-17(m)

We agree with the ALJ that, despite SSA’s numerous informal accommodations, the respondent continued to be unable to perform the esse ntial functions of her position and, therefore, she was not a qualified individual with a disability.

A person is qualified if they meet the job’s prerequisites and can perform its essential functions, with or without reasonable accommodation.

Benson v. Northwest Airlines, Inc., Karen Pierce Harvey Armstrong · filed 1995-08-15(m)

The determination of qualification takes two parts: (1) whether the individual meets the necessary prerequisites for the job, such as education, experience, training, and the like; and (2) whether the individual can perform the essential job functions, with or without reasonable accommodation.

A qualified individual with a disability must meet the position’s education requirements as well as be able to perform its essential functions, with or without reasonable accommodation.

Jablonski v. Chas. Levy Circulating Co. · filed 1996-02-14(m)

Accordingly, not only must the plaintiff be able to perform the essential job functions, with or without reasonable accommodation, she must also “meet[ ] the necessary prerequisites for the job, such as education, experience, training and the like.”

A qualified individual with a disability must satisfy the job-related requirements of the position.

Pouncy v. Vulcan Materials Co. · filed 1996-02-16(m)

Thus, the evidence shows that Pouncy was not a qualified individual with a disability because she was unable to satisfy the job related requirements of her position.

Section 1630.2(m) requires an individual to be able to perform the essential functions of the position held or desired, with or without reasonable accommodation.

McAlpin v. National Semiconductor Corp. · filed 1996-04-17(m)

At the second step, however, there is no evidence indicating that McAlpin could have performed the essential functions of the position she held or desired with or without reasonable accommodation.

A person deemed totally and permanently disabled for workers’ compensation purposes may still qualify under the ADA if they can perform a position’s essential functions with or without reasonable accommodation.

Sumner v. Michelin North America, Inc. · filed 1997-06-13(m)

Thus a person may be totally and permanently disabled for workers’ compensation purposes and yet still be able to perform a position’s essential functions with or without reasonable accommodation.

Section 1630.2(m) assesses an employee’s qualifications for the position held when the disability arose, including whether the employee could perform its essential functions.

Bowers v. Bethany Medical Center · filed 1997-03-21(m)

The focus of plaintiffs “qualifications” is on her original—not her reassigned position. See Guillot v. Garrett, 970 F.2d 1320, 1327 (4th Cir.1992); 29 C.F.R. § 1630.2(m) (1996). The court, therefore, must determine whether plaintiff was qualified to perform the essential functions of the positions she occupied at the time she sustained her disability—nursing assistant and laboratory support specialist.

A person must meet a position’s job requirements to be qualified for it.

Gonzales v. City of New Braunfels Ex Rel. New Braunfels Police Department · filed 1999-05-20(m)

Thus, as Gonzales is not qualified to be a commissioned officer, he is likewise not eligible —— qualified —— for the position of evidence technician.

A worker who cannot perform essential job functions with reasonable accommodation is not a qualified individual with a disability.

Schall v. Wichita State University · filed 2000-06-09(m)

There is no reasonable accommodation that would have allowed Schall to perform the essential functions of his job. Schall is not able to satisfy the second element of the “qualified individual” test as described in Milton and is not a “qualified individual” within the meaning of the ADA.

Section 1630.2(m) requires a qualified individual to meet the job’s requirements and be able to perform its essential functions with or without reasonable accommodation; a contractual vision requirement alone does not resolve that inquiry.

Hoehn v. International Security Services & Investigations, Inc. · filed 2000-10-26(m)

As such, the mere fact that ISSI may have been contractually bound to enforce a GSA ... mandated contract provision regarding visual acuity and vesting with the GSA Contracting Officer sole authority to deviate from the terms of that provision, does not dispense with the necessity of determining whether Hoehn was a “qualified individual with a disability” as defined under 42 U.S.C. § 12111(8) and 29 C.F.R. § 1630.2(m).

A qualified individual must meet the position’s prerequisites and be able to perform its essential functions with or without reasonable accommodation.

Cleary v. Federal Express Corp. · filed 2004-04-14(m)

Whether a plaintiff is a “qualified individual with a disability” involves a two-step determination. 29 C.F.R. § 1630.2(m); ... First, the plaintiff must show that he “satisfies the prerequisites for the position, such as possessing the appropriate educational background, employment experience, skills, licenses, etc.” ... If the plaintiff makes this showing, he must then establish that he “can perform the essential functions of the position held or desired, with or without reasonable accommodation.”

Section 1630.2(m) defines a qualified individual with a disability as someone who can perform the essential functions of the job with or without reasonable accommodation.

McCloud v. Potter · filed 2007-05-10(m)

Title 42, United States Code, Section 12111(8) provides that the term “qualified individual with a disability” means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position held. See 29 C.F.R. § 1630.2(m). It is undisputed that Plaintiff could not perform the essential functions of her position. That is why she requested light duty. Therefore she was not a “qualified individual with a disability.”

A qualified individual with a disability can perform the essential functions of a position the individual holds or desires, with or without reasonable accommodation.

Ward v. Department of Natural Resources · filed 2008-06-23(m)

The ADA defines a qualified individual with a disability as “an individual with a disability who ... with or without reasonable accommodation, can perform the essential functions” of “the employment position such individual holds or desires.” 29 C.F.R. § 1630.2(m) (emphasis added). However, because the DNR’s Return to Work/Modified Duty Policy referenced the ADA standards, and Elswick’s letter to Ward stated the DNR would look for other positions on his behalf, as described in that policy, we conclude the ALJ, as affirmed by the Board, did not err in applying the ADA standards, and requiring the DNR to reassign Ward to a vacant position he was qualified to perform.

Subsection (j)(2)(ii) treats an impairment as substantially limiting when its impact is permanent or long-term.

Cella v. Villanova University · filed 2004-10-19(j)(2)(ii)

Furthermore, Cella had the burden to show that the impairment’s impact was “permanent or long-term.” Toyota Motor Mfg., 534 U.S. at 198 (citing 29 C.F.R. §§ 1630.2(j)(2)(ii)-(iii)(2001)).

Section 1630.2(j)(2)(ii) permits considering the duration or expected duration of an impairment when deciding whether it substantially limits a major life activity.

Simpkins v. Specialty Envelope, Inc. · filed 1996-08-09(j)(2)(ii)

Her disability was only a temporary, non-chronic impairment. These kinds of impairments are not sufficient to trigger category one disability under the ADA. See 29 C.F.R. § 1630.2(j)(2)(ii) (courts may consider the duration or expected duration of the impairment under the ADA in deciding whether a claimant is "substantially limit[ed]" in performing "major life activities"); Margeson v. Springfield Terminal Ry., No. CIV.A. 91-11475-Z, 1993 WL 343676, at * 5 (D.Mass. Aug. 24, 1993) (plaintiff under Rehabilitation Act with stress-related panic disorder who needed to make visits to the emergency room, to doctors, to participate in stress management therapy, to cancel a family vacation, and occasionally beabsent from work had no substantial limitation on his ability to work).

An impairment lasting fewer than six months may still substantially limit a major life activity, and duration is only one factor in determining substantial limitation.

Forestieri v. Wendover, Inc. · filed 2020-01-30(j)(1)(ix)

The Court agrees with Plaintiff that EEOC regulations provide that impairments lasting fewer than six months may be substantially limiting. 29 C.F.R. § 1630.2(j)(1)(ix). Under those regulations, however, the duration of an impairment is a factor to consider in determining whether an impairment substantially limits a major life activity. Here, the Court considered the short duration as just one factor.

Section 1630.2(h)(2) includes mental or psychological disorders within impairment, while § 1630.2(j)(1) treats substantial limitation as a non-demanding standard assessed against the abilities of most people in the general population.

JOHNSON v. WHOLE FOODS MARKET GROUP INC · filed 2023-02-23(h)(2), (j)(1)

“Impairment” includes “any mental or psychological disorder, such as . . . emotional or mental illness.” 29 C.F.R. § 1630.2(h)(2). ... Since the passage of the ADAAA, the term “ ‘substantially limits’ is not intended to be a ‘demanding standard’ and should not engender ‘extensive analysis’ ” beyond comparing the plaintiff’s limitations to those of “the majority of people in the general population.” Mancini, 909 F.3d at 42 (quoting 29 C.F.R. § 1630.2(j)(1)). ... This is sufficient to create a genuine issue of material fact as to whether the Plaintiff was disabled under the ADA. ... Thus, summary judgment on this issue is not appropriate.

Section 1630.2(j)(3)(ii)(B) defines a class of jobs by reference to the disqualifying job and similar jobs in the geographic area, while § 1630.2(j)(3)(ii)(C) defines a broad range of jobs by reference to the disqualifying job and dissimilar jobs in that area; under § 1630.2(o)(3), the interactive process is a means to identify a necessary and possible reasonable accommodation, not an independent substantive claim.

Equal Employment Opportunity Commission v. BNSF Railway Co. · filed 2015-08-21(j)(3)(ii)(B), (j)(3)(ii)(C), (o)(3)

The EEOC’s regulations define a “class of jobs” as “[t]he job from which the individual has been disqualified because of an impairment, and the number and types of jobs utilizing similar training, knowledge, skills or abilities, within that geographical area, from which the individual is also disqualified because of the impairment.” ... A “broad range of jobs” is defined as “[t]he job from which the individual has been disqualified because of an impairment, and the number and types of other jobs not utilizing similar training, knowledge, skills or abilities, within that geographical area, from which the individual is also disqualified because of the impairment.” ... Because the evidence viewed in the light most favorable to EEOC and Mr. Duty does not permit an inference that BNSF or Dr. Jarrard believed that Mr. Duty’s impairment substantially limited his ability to work in either a class of jobs or a broad range of jobs in various classes, the court grants summary judgment in favor of BNSF on plaintiffs’ “regarded as” claim. ... 29 C.F.R. § 1630.2(o)(3) (“To determine the appropriate reasonable accommodation it may be necessary for the covered entity to initiate an informal, interactive process with the individual with a disability in need of the accommodation.”). ... interactive process is not an independent substantive requirement under the ADA but merely a means to achieve a reasonable accommodation; to establish claim, plaintiff must show that the employer’s failure to engage in the interactive process resulted in the failure to identify an appropriate accommodation for the plaintiff. ... Because Mr. Duty has not .come forward with evidence from which a jury could determine that a reasonable accommodation was necessary or possible with respect to the BNSF’s medical evaluation process, summary judgment on this claim is appropriate.

For the major life activity of working, a class of jobs consists of jobs using similar training, knowledge, skills, or abilities within the relevant geographic area; firefighting and associated municipal backup-firefighter jobs are too narrow to qualify.

Bridges v. City of Bossier · filed 1996-08-23(j)(3)(i), (j)(3)(ii)(B)

A class of jobs includes "jobs utilizing similar training, knowledge, skills or abilities, within that geographical area...." See 29 C.F.R. § 1630.2(j)(3)(ii)(B). ... Thus, we ho ld that firefighting jobs—including firefighters and associated municipal paramedics or EMTs who must also serve as backup firefighters—is too narrow a field to describe a "class of jobs" under 29 C.F.R. § 1630.2(j)(3)(i).

Section 1630.2 defines major life activities and substantial limitation, including the meanings of a class of jobs and a broad range of jobs in various classes.

Goldsmith v. Jackson Memorial Hospital Public Health Trust · filed 1998-12-29(i), (j), (j)(3)(ii)(B), (j)(3)(ii)(C)

The term "substantially limits” has been interpreted to mean: (i) Unable to perform a major life activity that the average person in the general population can perform; or (ii) Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner or duration under which the average person in the general population can perform that same major life activity. 29 C.F.R. § 1630.2(j). ... “Major life activities” refers to functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. 29 C.F.R. § 1630.2(i). ... “Class of jobs” means “the job from which the individual has been disqualified because of an impairment, and the number and types of jobs utilizing similar training, knowledge, skills or abilities, within that geographical area, from which the individual is also disqualified because of the impairment.” 29 C.F.R. § 1630.2(j)(3)(ii)(B). ... “Broad range of jobs in various classes” has been defined as “the job from which the individual has been disqualified because of an impairment, and the number and types of other jobs not utilizing similar training, knowledge, skills or abilities, within that geographical area, from which the individual is also disqualified because of the impairment.” 29 C.F.R. § 1630.2(j)(3)(ii)(C).

Section 1630.2(f) identifies working and other basic activities as major life activities.

Bumstead v. Jasper County · filed 1996-07-03(f)

Major life activities include such activities as earing for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. 29 C.F.R. § 1630.2(f).

Section 1630.2(i) treats working as a major life activity under the ADA’s disability definition.

Lawrence v. National Westminster Bank New Jersey, Albert Lawrence · filed 1996-10-15(i)

Working is considered a major life activity. 29 C.F.R. § 1630.2(i).

Section 1630.2(I) defines major life activities through listed examples and a nonexclusive approach that can include activities such as lifting, reaching, sitting, and standing.

Dailey v. Vought Aircraft Co · filed 1996-10-21(I)

But regulations promulgated under the ADA define both. “Major life activities” is defined as “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(I). We have previously noted that this list is not exclusive. “Other life activities could include lifting, reaching, sitting, or standing.”

Section 1630.2(i) identifies major life activities, and an impairment must substantially limit one of them for the person to be disabled under the ADA.

Desai v. Tire Kingdom, Inc. · filed 1996-10-30(i)

“Major life activities” include “caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i). If a plaintiffs alleged impairment does not substantially limit a major life activity, he is not disabled and cannot recover under either the ADA or the Florida Act.

Section 1630.2(i) defines major life activities to include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Garrett v. Autozone, Inc. · filed 1999-10-20(i)

The Equal Opportunity Commission’s (“EEOC”) regulations interpreting the ADA define “[m]ajor [l]ife Activities” to include “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i).

Section 1630.2(i) treats the list of major life activities as nonexhaustive, and lifting qualifies as a major life activity.

Ridge v. Cape Elizabeth School Department · filed 1999-10-27(i)

In light of the express language of 29 C.F.R. Pt. 1630, App. § 1630.2(i), together with both the supporting and persuasive decisions in this circuit and elsewhere, this Court finds that lifting is a major life activity under the ADA.

Section 1630.2(i) treats functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working as major life activities.

Nowak v. EGW Home Care, Inc. · filed 2000-01-04(i)

The regulations implementing the ADA provide guidelines for making these determinations. For example, “major life activities” include “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i).

Section 1630.2 treats sleeping, engaging in sexual relations, and interacting with others as major life activities, and requires a severe or substantial limitation compared with the average person in the general population.

McAlindin v. County of San Diego Rudolph Tamayo Edward Baker Gabriel Rodriguez Does, One Through 50, Inclusive · filed 2000-01-18(i), (j)(1)(i), (j)(2)(i)

According to the EEOC, major life activities include "functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working." Id. S 1630.2(i). 6 "[T]he first question is whether an individual is substantially limited in a major life activity other than working (e.g., sleeping, concentrating, caring for oneself)." Equal Employment Opportunity Commission, EEOC Enforcement Guidance on the Americans with Disabilities Act and Psychiatric Disabilities 3 (March 25, 1997) [hereinafter EEOC on Psychiatric Disabilities]. We conclude that the other activities--specifically, sleeping, engaging in sexual relations, and interacting with others-asserted by McAlindin are "major life activities " within the meaning of the ADA, and thus we need not address the district court's conclusion that he was not substantially limited in his ability to work. ... In addition, the limitation must be severe or, in other words, substantial when compared to the ability of "the average person in the general population." 29 C.F.R. S 1630.2(j)(1)(i); see also id. S 1630.2(j)(2)(i) (courts must consider the "severity" of the impairment). We hold that a plaintiff must show that his "relations with others were characterized on a regular basis by severe problems, for example, consistently high levels of hostility, social withdrawal, or failure to communicate when necessary." EEOC on Psychiatric Disabilities at 5.

Section 1630.2(j)(3)(i) treats functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working as major life activities.

Quigley v. Austeel Lemont Co., Inc. · filed 2000-01-20(j)(3)(i)

“EEOC regulations interpret the ADA to define the phrase ‘major life activities’ to include ‘functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.’ ” ... “Because Quigley admits that his drug use did not impact his work, Quigley has failed to establish that his alleged disability substantially limits the major life activity of working.”

Section 1630.2(i) identifies walking, seeing, breathing, and working as examples of major life activities.

Duprey v. Connecticut Department of Motor Vehicles · filed 2000-03-20(i)

The phrase “major life activities” is defined broadly to include such things as walking, seeing, breathing, and working.

Section 1630.2 identifies major life activities as functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Frank v. United Airlines, Inc. · filed 2000-06-21

A major life activity is a function such as “caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2.

Section 1630.2(i) defines major life activities to include functions such as walking, seeing, speaking, and working; ladder-climbing is not a major life activity.

Otting v. J.C. Penney Co. · filed 2000-08-03(i)

We agree that ladder-climbing is not a major life activity, see Weber v. Strippit, Inc., 186 F.3d 907, 914 (8th Cir. 1999), cert. denied, 120 S. Ct. 794 (2000) (finding that walking up stairs is not a major life activity for the purposes of ADA). Nonetheless, we disagree with J. C. Penney's contention that ladder-climbing is the only activity which should be considered when determining whether Otting is disabled. Otting testified that during her seizures she could not speak, walk, see, work, or control the left side of her body. We hold that it is these major life activities, not the activity of ladder-climbing, which should be considered in determining Otting's status under the ADA.

Subsection (i) identifies major life activities, including caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Hansen v. Smallwood, Reynolds, Stewart, Stewart & Associates, Inc. · filed 2000-09-29(i)

Major life activities include “caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.”

Section 1630.2(i) provides a non-exhaustive list of major life activities, so the listed activities are not exclusive and can include eating.

John Lawson, Sr. v. Csx Transportation, Incorporated · filed 2001-03-26(i)

Equal Employment Opportunity Commission regulations interpreting the ADA define "major life activity" by providing a non-exhaustive list that includes "functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working." 29 C.F.R. sec. 1630.2(i); see also Sinkler v. Midwest Prop. Mgmt. Ltd. P'ship, 209 F.3d 678, 683 (7th Cir. 2000); cf. Bragdon, 524 U.S. at 638-39 (citing similarly worded Rehabilitation Act regulations). Such activities need not have a public or economic character to them; they must simply be "central to the life process itself." Bragdon, 524 U.S. at 638. Clearly, the ability to eat is integral to one's daily existence, as much or more so than the activities listed in the implementing regulations. As a result, we hold that eating constitutes a "major life activity" for purposes of the ADA.

The regulation gives a nonexhaustive list of major life activities, such as working, and driving is not a comparable major life activity under that framework.

Chenowith v. Hillsborough County · filed 2001-05-10(i)

Major life activities are enumerated by EEOC regulation as "functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working." 29 C.F.R. § 1630.2(i). Although this enumeration is not exhaustive, driving is not only absent from the list but is conspicuously different in character from the activities that are listed.

Subsection (i) provides a nonexhaustive list of major life activities, and the court held that inability to drive for six months was not a substantial limitation of a major life activity because driving is absent from the list and materially different from the listed activities.

Chenoweth v. Hillsborough County, a Political Subdivision of the State of Florida · filed 2001-05-22(i)

Major life activities are enumerated by EEOC regulation as “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i). Although this enumeration is not exhaustive, driving is not only absent from the list but is conspicuously different in character from the activities that are listed.

Section 1630.2(i) defines major life activities by listing examples such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Wellner v. Town of Westport · filed 2001-08-08(i)

The implementing regulations define “major life activities” as “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.”

Section 1630.2(i) identifies caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working as major life activities.

Conant v. City of Hibbing · filed 2001-11-26(i)

“Major life activities” include “caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i).

Section 1630.2(I) identifies working and other activities as major life activities relevant to whether an ADA claimant is substantially limited.

Aldrup v. Caldera · filed 2001-12-11(I)

Major life activities include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. ... This claim, if supported by the record, would merely tend to show that he was unable to perform any job at one specific location, and is not evidence of Aldrup’s general inability to perform a broad class of jobs.

Section 1630.2(i) treats activities such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working as major life activities for disability analysis.

Kresge, Stanley E. v. Mercado Latino, Inc. · filed 2001-12-20(i)

A "major life activity" is considered akin to "caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working." Garcia, 28 S.W.3d at 596 (quoting 29 C.F.R. § 1630.2(i)).

The regulation treats working as a major life activity, but an inability to perform a particular job does not by itself substantially limit a person's general ability to work.

Mason v. United Air Lines, Inc. · filed 2001-12-12(I)

Major life activities include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. ... The district court adopted the magistrate judge’s finding that Mason suffered from a physical impairment limiting his ability to lift, push, and pull items above a certain weight, but that the impairment did not substantially limit his general ability to work, and that United did not erroneously perceive that it did. Viewing the evidence in the light most favorable to Mason we are compelled to agree.

Section 1630.2(i) defines major life activities to include working and other basic functions when determining whether an impairment substantially limits a person.

Kolpas v. G.D. Searle & Co. · filed 1997-03-20(i)

Regulations passed to interpret the ADA define “major life activities” as “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i). “Substantially limits” means that the person is either unable to perform or is significantly restricted as to the manner or duration under which that person can perform a major life activity as compared to an average individual.

The provision defines major life activities to include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Bacon v. Great Plains Manufacturing, Inc. · filed 1997-02-14(i)

“The term means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.”

Section 1630.2(i) identifies breathing and working, among other functions, as major life activities considered in deciding whether an impairment substantially limits an individual.

Castro v. Local 1199, National Health & Human Services Employees Union · filed 1997-04-23(i)

Major life activities include “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i). Plaintiff claims that her asthma affects her ability to. breathe. ... Even accepting her statements as true, plaintiffs testimony fails to demonstrate that her asthma substantially limits her ability to breathe or that her status as an asthmatic restricted her employment opportunities generally. ... As a result, I find that plaintiffs physical impairment did not substantially limit her ability to breathe, and similarly, her asthma did not limit her employment opportunities generally; rather, it only restricted plaintiffs work capabilities in the narrowest sense.

The regulation treats sitting, standing, lifting, and reaching as major life activities.

Helfter v. UPS · filed 1997-06-10(i)

A person is disabled if she has a physical or mental impairment which substantially limits one or more major life activities. ... Sitting, standing, lifting, and reaching are also considered major life activities. 29 C.F.R. § 1630.2(i).

Subsection (i) identifies major life activities as functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Colwell v. Suffolk County Police Department · filed 1997-06-26(i)

The ADA defines “disability” as: (1) a physical or mental impairment that substantially limits one or more of the major life activities of the individual; (2) a record of impairment that substantially limits one or more of the major life activities of the individual; or (3) being regarded as having an impairment that substantially limits one or more of the major life activities of the individual. 42 U.S.C. § 12102(2). Equal Employment Opportunity Commission regulations define “major life activities” as “functions such as earing for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i).

Section 1630.2(i) identifies major life activities, including caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Montandon v. Farmland Industries · filed 1997-06-26(i)

“Major life activities” include “caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i). However unpleasant (and understandably so) it may have been for him to work under Ehlers’ supervision, Montandon has adduced no evidence showing that his performance of any major life activity was substantially limited or that he was perceived as being so limited. His disability discrimination claim therefore fails.

Section 1630.2(i) defines major life activities to include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Hearne v. AmWest Savings Ass'n · filed 1997-09-04(i)

Regulations promulgated by the Equal Employment Opportunity Commission (“EEOC”) construing the ADA define “major life activity” as including “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i) (1996).

Section 1630.2(i) identifies major life activities, and an impairment must substantially or materially limit such an activity to support disability coverage.

Snow v. Ridgeview Medical Center · filed 1997-10-16(i)

Indeed, appellant has presented no evidence from which to reasonably infer that any of the major life activities enumerated in 29 C.F.R. § 1630.2(i) is substantially or materially limited by her physical impairment. It is not enough that an impairment affect a major life activity; the plaintiff must proffer evidence from which a reasonable inference can be drawn that such activity is substantially or materially limited.

Section 1630.2(i) includes working as a major life activity under the ADA.

Watters v. Emer · filed 1997-11-26(I)

We assume -- although she does not expressly state -- that Watters complains of being regarded as substantially limited in the major life activity of working. See 29 C.F.R. § 1630.2(I) (including working as a major life activity under the ADA).