Tuesday, June 11, 2019
How EEOC and rehabilitation act define interacting with others as a Essay
How EEOC and rehabilitation act define interacting with others as a major demeanor drill under the americans with disability act, how Supreme lawcourt precedent def - Essay Exampleecord of such impairment or (C) being regarded as having such an impairment.5 The EEOC defines a rational impairment as any genial 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.8Interacting with others is listed as a major life activity in the EEOCs Compliance Manual Mental and emotional processes such as thinking, concentrating, and interacting with others are other examples of major life activities.9 This listing is significant insofar as the Appellate Court accords great deference to the EEOCs interpretation of the ADA, since it is charged with administering the s tatute.10 Although, the EEOC provides a list of examples of major life activities that does not include interacting with others,11 this list is not exhaustive, and courts have routinely recognized major life activities not included in the EEOC regulations.12 Interacting with others is analogous to the major life activities enumerated by the EEOC because it is an essential, daily activity.13 It is not attainable to exist in our society without interacting with other people. Interacting with others, by any definition, is a required precursor to an individuals ability to work, to love, to reproduce, and to function on a day-to-day foothold in modem society.14 Furthermore, interacting with others is no more difficult to define than caring for oneself, a widely recognized major life activity.15 B. Judicial pronouncements of the Supreme Court and applicable jurisprudence supports the view that interacting with others is a major life activity As social human beings we come into contact w ith each other on a daily basis and that contact involves the use of abilities such as seeing, listening, talking, communicating and walking.16 These abilities have been described by ADA as major life activities. As previously stated, the EEOC has prepared a list of abilities that constitute major life activities and they are ...functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.17 These lists of abilities
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.