Legal Issue Essay Example | Topics and Well Written Essays - 750 words

Legal Issue - Essay Example In turn, a disability is (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; or (B) a record of such impairment; or (C) being regarded as having such an impairment.[5] The EEOC defines "a mental impairment" as "any mental or psychological disorder, such as mental retardation, organic brain syndrome, Bi-Polar Disorder II, emotional or mental illness, and specific learning disabilities,"[6] for purposes of the ADA.[7] Thus, the question becomes whether this impairment substantially limits a major life activity.[8] Interacting with others is a major life activity under the ADA Interacting with others is indisputably an activity of central importance to daily life, and the EEOC has recognized it as a major life activity in its compliance manual.[9] Additionally, interacting with others is considered a major life activity under the Rehabilitation Act, and such recognition under the ADA would serve the legislative purpose of rectifying stereotypes about the mentally disabled.[10] Neither the Supreme Court nor the Second Circuit have addressed the issue of whether interacting with others is a major life activity.[11] The only circuit to have squarely addressed the issue has adopted it as a major life activity,[12] and no circuit has held that interacting with others is not a major life activity.[13] An Appellate Court has de novo review of a lower court's conclusion that the ability to interact with o thers is a major life activity.[14] In Toyota, the Supreme Court explained that "the term major life activity as used in the ADA, refers to those activities that are of central importance to daily life."[15] Because major life activity is not defined in the ADA, it should be construed according to its ordinary and natural meaning.[16] The plain meaning of the word "major" denotes an activity that is important and significant,[17] as well as basic. It is an "activity that the average person in the general population can perform with little or no difficulty."[18] Interact is defined by the dictionary to mean to "act upon one another."[19] Interacting with others is an important and significant function and "easily falls within the definition of 'major life activity.'"[20] - quoted properly referenced It is necessary for