How EEOC and rehabilitation act define interacting with others as a Essay

How EEOC and rehabilitation act define interacting with others as a major life activity under the americans with disability act, how Supreme Court precedent def - Essay Example ecord 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 listed as a major life activity in the EEOC's 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 EEOC's interpretation of the ADA, since it is charged with administering the statute."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 possible to exist in our society without interacting with other people. "Interacting with others, by any definition, is a required precursor to an individual's ability to work, to love, to re produce, and to function on a day-to-day basis 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 with 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