Louis P. Forrisi v. Otis R. Bowen, 794 F.2d 931 (4th Cir. 1986). · Go Syfert
Louis P. Forrisi v. Otis R. Bowen, 794 F.2d 931 (4th Cir. 1986). Cases Citing This Book View Copy Cite
“several courts have previously addressed this issue, deciding unanimously that an employer does not necessarily regard an employee as handicapped simply by finding the employee to be incapable of satisfying the singular demands of a particular job.”
440 citation events (65 in the last 25 years) across 76 distinct courts.
Strongest positive: Deas v. River West, L.P. (ca5, 1998-09-03) · Strongest negative: Van Sickle v. Automatic Data Processing, Inc. (mied, 1997-02-07)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Limited Van Sickle v. Automatic Data Processing, Inc. (3×) also: Cited as authority (rule), Cited as authority (verbatim quote)
E.D. Mich. · 1997 · 1 verbatim quote · confidence medium
the inquiry is, of necessity, an individualized one - whether the particular impairment constitutes for the particular person a significant barrier to employment.
examined Cited as authority (verbatim quote) Deas v. River West, L.P. (2×) also: Cited as authority (rule)
5th Cir. · 1998 · quote attribution · 1 verbatim quote · confidence high
several courts have previously addressed this issue, deciding unanimously that an employer does not necessarily regard an employee as handicapped simply by finding the employee to be incapable of satisfying the singular demands of a particular job.
discussed Cited as authority (verbatim quote) Sutton v. United Air Lines, Inc. (2×) also: Cited as authority (rule)
10th Cir. · 1997 · quote attribution · 1 verbatim quote · confidence high
an employer does not necessarily regard an employee as handicapped simply by finding the employee to be incapable of satisfying the singular demands of a particular job
examined Cited as authority (verbatim quote) Partlow v. Runyon (3×) also: Cited as authority (rule), Cited "see"
D.N.H. · 1993 · quote attribution · 1 verbatim quote · confidence high
the inquiry is, of necessity, an individualized one whether a particular impairment constitutes a significant barrier to employment for a particular person
discussed Cited as authority (rule) SOLANO v. SLIPPERY ROCK UNIVERSITY OF PENNSYLVANIA
W.D. Pa. · 2025 · confidence medium
“The inquiry is, of necessity, an individualized one — whether the particular impairment constitutes for the particular person a significant barrier to employment.” Jd. (citing Forrisi v. Bowen, 794 F.2d 931, 933 (4™ Cir. 1986)).
discussed Cited as authority (rule) Fitten v. McCarthy
E.D. Va. · 2021 · confidence medium
Because nothing submitted by plaintiff shows that he included a disability claim in his EEO complaint, Count IV will be dismissed.* 3 Even if plaintiff had exhausted this claim, in neither his original nor his proposed amended complaint does he plead a prima facie case of being disabled under the meaning of the Rehabilitation Act, which protects employees from discrimination because of disabilities which act as a “substantial limitation of a major life activity.” Forris v. Bowen, 794 F.2d 931, 933-34 (4th Cir. 1986) (emphasis in original).
discussed Cited as authority (rule) Lee v. Olsten Staffing Services Corporation
D.S.C. · 2020 · confidence medium
See Boitnott, 669 F.3d at 176-77 (affirming summary judgment for defendant where plaintiff’s cardiac difficulties prevented him from working more than forty hours per week, because his condition did not significantly restrict his “ability to perform a class of jobs or a broad range of jobs in various classes”); see also Gupton, 14 F.3d at 205 (affirming judgment for defendants on Rehabilitation Act claim where plaintiff adduced no evidence that she was “foreclosed . . . generally from obtaining jobs in her field”); Forrisi v. Bowen, 794 F.2d 931, 935 (4th Cir. 1986) (affirming summar…
discussed Cited as authority (rule) Scheidt v. Floor Covering Associates, Inc.
N.D. Ill. · 2018 · confidence medium
Hosp., 57 F.3d 1446, 1454 (7th Cir. 1995). “[T]he inquiry is an individualized one, and must be determined on a case-by-case basis.” Id. (citing Byrne v. Board of Education, 979 F.2d 560, 564 (7th Cir. 1992); Forrisi v. Bowen, 794 F.2d 931, 933 (4th Cir. 1986)).
discussed Cited as authority (rule) Nolan Deeds v. City of Marion, Iowa, St. Luke's Work Well Solutions St. Luke's Healthcare, and Iowa Health System
Iowa · 2018 · confidence medium
Legislation prohibiting disability discrimination “assures that truly disabled, but genuinely capable, individuals will not face discrimination in employment because of 38 stereotypes about the insurmountability of their handicaps.” Probasco v. Iowa Civil Rights Comm’n, 420 N.W.2d 432, 436 (Iowa 1988) (quoting Forrisi v. Bowen, 794 F.2d 931, 934 (4th Cir. 1986)).
cited Cited as authority (rule) Michael Cook v. City of Philadelphia
3rd Cir. · 2016 · confidence medium
Forrisi v. Bowen, 794 F.2d 931, 934-35 (4th Cir.1986). 14 .
discussed Cited as authority (rule) John Goodpaster v. Schwan's Home Service, Inc. and Todd Swanson, Individually and in His Corporate Capacity
Iowa · 2014 · confidence medium
Indeed, the very concept of an impairment implies a characteristic that is not commonplace and that poses for the particular individual a more general disadvantage in his or her search for satisfactory employment.” Probasco, 420 N.W.2d at 436 (quoting Forrisi v. Bower, 794 F.2d 931, 934 (4th Cir. 1986)).
discussed Cited as authority (rule) Carper v. TWC SERVICES, INC.
S.D. Fla. · 2011 · confidence medium
These provisions require a substantial limitation on a major life activity and exclude individuals with minor impairments which merely affect the ability to satisfy the singular demands of a particular job, Cash v. Smith, 231 F.3d 1301 , 1306 (11th Cir.2000); Gupton v. Commonwealth of Virginia, 14 F.3d 203 (4th Cir.), cert. denied, 513 U.S. 810 , 115 S.Ct. 59 , 130 L.Ed.2d 17 (1994); Forrisi v. Bowen, 794 F.2d 931, 933-34 (4th Cir.1986), and individuals with only temporary impairments, Sutton v. Lader, 185 F.3d 1203, 1209 (11th Cir.1999)(“A temporary inability to work while recuperating from…
discussed Cited as authority (rule) Perry v. Kappos
E.D. Va. · 2011 · confidence medium
As the Fourth Circuit has stated, “[w]here a worker demonstrates that his condition makes him unsuitable for a position with a particular employer, but demonstrates that he has ‘no difficulty in obtaining other jobs in his field,’ the worker has not demonstrated that he is substantially limited in his ability to work.” Hooven-Lewis, 249 F.3d at 269 (quoting Forrisi v. Bowen, 794 F.2d 931, 935 (4th Cir.1986)).
discussed Cited as authority (rule) Taylor v. Hampton Roads Regional Jail Authority
E.D. Va. · 2008 · confidence medium
Corp., 128 F.3d 191, 200 (4th Cir.1997) (“[T]he ADA was designed to ‘assure [ ] that truly disabled, but genuinely capable, individuals will not face discrimination in employment because of stereotypes about the insurmountability of their handicaps.’ ”) (quoting Forrisi v. Bowen, 794 F.2d 931, 934 (4th Cir.1986)), abrogated on other grounds by Baird v. Rose, 192 F.3d 462 (4th Cir.1999).
discussed Cited as authority (rule) Evans v. Texas Department of Transportation
E.D. Tex. · 2007 · confidence medium
Dupre, 242 F.3d at 614 ; Talk, 165 F.3d at 1024 ; Hamilton, 136 F.3d at 1050 ; Dutcher, 53 F.3d at 726 ; but see Williams, 534 U.S. at 194 , 122 S.Ct. 681 (“The persuasive authority of the EEOC regulations is less clear.... [N]o agency has been given authority to issue regulations interpreting the term ‘disability’ in the ADA.”). “ ‘Major life activities means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.’” Talk, 165 F.3d at 1024 -25 (quoting 29 C.F.R. § 1630.2 (i)); accord Cutrera, 429 F.3d…
discussed Cited as authority (rule) Stockton v. a World of Hope Childcare Learning Center
S.D. Ga. · 2007 · confidence medium
Thus, a court must individually assess whether a “particular impairment constitutes for the particular person a significant barrier to employment.” Webb, 94 F.3d at 488 (quoting Forrisi v. Bowen, 794 F.2d 931, 933 (4th Cir.1986)).
cited Cited as authority (rule) Wiggins v. DaVita Tidewater, LLC
E.D. Va. · 2006 · confidence medium
See Sutton v. United Air Lines, Inc., 527 U.S. 471, 483 , 119 S.Ct. 2139 , 144 L.Ed.2d 450 (1999); Forrisi v. Bowen, 794 F.2d 931, 933 (4th Cir.1986).
discussed Cited as authority (rule) Morris v. Mayor & City Council of Baltimore
D. Maryland · 2006 · confidence medium
Member of a Protected Group Defendant argues that plaintiff cannot establish the first prong of his pri-ma facie case, that he is the member of a “protected group.” A plaintiff who claims protection under the Rehabilitation Act must demonstrate that he is an “otherwise qualified individual with a disability.” 29 U.S.C. § 794 (a); Forrisi v. Bowen, 794 F.2d 931, 933 (4th Cir.1986).
discussed Cited as authority (rule) LePage v. Bath Iron Works (2×) also: Cited "see"
Me. Super. Ct · 2005 · confidence medium
Indeed, the very concept of an impairment implies a characteristic that is not commonplace and that poses for the particular individual a more general disadvantage in h s or her search for satisfactory employment. 794 F.2d at 934 (citation omitted).
discussed Cited as authority (rule) Ridgely v. Montgomery County
Md. Ct. Spec. App. · 2005 · confidence medium
It is important to bear in mind that the MCC and the ADA were designed to “ ‘assure[ ] that truly disabled, but genuinely capable, individuals will not face discrimination in employment because of stereotypes about the insurmountability of their handicaps.’ ” Halperin, supra, 128 F.3d at 200 (quoting Forrisi v. Bowen, 794 F.2d 931, 934 (4th Cir.1986), which interpreted the Rehabilitation Act, on which the ADA is based).
cited Cited as authority (rule) Landry v. United Scaffolding, Inc.
M.D. La. · 2004 · confidence medium
Forrisi v. Bowen, 794 F.2d 931, 933-34 (4th Cir.1986); see also, Toyota Motor Mfg., Kentucky, Inc. v. Williams, 534 U.S. 184 , 122 S.Ct. 681 , 151 L.Ed.2d 615 (2002). 21 .
discussed Cited as authority (rule) Ramirez-Aguirre v. Ranger American Armored Services, Inc.
D.P.R. · 2004 · confidence medium
Yet "an employer does not necessarily regard an employee as handicapped simply by finding the employee to be incapable of satisfying the singular demands of a particular job.” Forrisi v. Bowen, 794 F.2d 931, 933 (4th Cir.1986).
discussed Cited as authority (rule) Bennett v. Calabrian Chemicals Corp.
E.D. Tex. · 2004 · confidence medium
See Dupre, 242 F.3d at 614 ; Dutcher, 53 F.3d at 726 ; see also Talk, 165 F.3d at 1024 ; Hamilton, 136 F.3d at 1050 ; but see Williams, 534 U.S. at 194, 122 S.Ct. 681 (“[t]he persuasive authority of the EEOC regulations is less clear.... [n]o agency has been given authority to issue regulations interpreting the term ‘disability’ in the ADA”). “ ‘Major life activities means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.’ ” Talk, 165 F.3d at 1024-25 ; see Hamilton, 136 F.3d at 1050 (quoting 29 C…
discussed Cited as authority (rule) Johnson v. Baylor University
5th Cir. · 2003 · confidence medium
Although what “substantially limits [the] major life activity [of working]” ultimately means is determined on a case-by-case basis, see Byrne v. Board of Educ., 979 F.2d 560, 565 (7th Cir. 7 1992); Forrisi v. Bowen, 794 F.2d 931, 933 (4th Cir. 1986), the statutory language plainly does not prevent all adverse employment actions against a physically- or mentally-impaired employee.
discussed Cited as authority (rule) Harrison-Pepper v. Miami University
S.D. Ohio · 2003 · confidence medium
The question of who is a handicapped individual under the Rehabilitation Act is best suited to a ‘“case-by-case determination’ as courts assess the effects of various impairments upon varied individuals.” Forrisi v. Bowen, 794 F.2d 931, 932 (4th Cir.1986) (quoting E.E.
cited Cited as authority (rule) Peeples v. Coastal Office Products, Inc.
D. Maryland · 2002 · confidence medium
Id. at 303 (internal quotation marks omitted) (quoting Forrisi v. Bowen, 794 F.2d 931, 935 (4th Cir.1986)).
discussed Cited as authority (rule) Walker v. Potter (2×)
D. Maryland · 2002 · confidence medium
Forrisi v. Bowen, 794 F.2d 931, 933 (4th Cir.1986).
discussed Cited as authority (rule) Lajeunesse v. GREAT ATLANTIC & PACIFIC TEA CO., INC.
D. Conn. · 2001 · confidence medium
Stronkowski, 1996 WL 684407 , at *7 (citing Venclauskas v. Conn. Dept. of Public Safety Div. of State Police, 921 F.Supp. 78 , *333 81 (D.Conn.1995) (quoting Forrisi v. Bowen, 794 F.2d 931, 934 (4th Cir.1986))).
discussed Cited as authority (rule) Rhoads v. Federal Deposit Insurance Corporation
4th Cir. · 2001 · confidence medium
We held that, in order to make the required showing that she was disabled, the plaintiff "had to show not merely that her allergy made her `incapable of satisfying the singular demands of a particular job,' but that it `foreclose[d] generally [her opportunity to obtain] the type of employment involved.'" Id. at 205 (quoting Forrisi v. Bowen, 794 F.2d 931, 934, 935 (4th Cir. 1986)) (alterations in original).
discussed Cited as authority (rule) Rhoads v. Federal Deposit Insurance
4th Cir. · 2001 · confidence medium
We held that, in order to make the required showing that she was disabled, the plaintiff “had to show not merely that her allergy made her ‘incapable of satisfying the singular demands of a particular job,’ but that it ‘foreclose[d] generally [her opportunity to obtain] the type of employment involved.’ ” Id. at 205 (quoting Forrisi v. Bowen, 794 F.2d 931, 934, 935 (4th Cir.1986)) (alterations in original).
discussed Cited as authority (rule) Lottinger v. Shell Oil Co.
S.D. Tex. · 2001 · confidence medium
See Dutcher, 53 F.3d at 726 ; see also Talk, 165 F.3d at 1024 ; Hamilton, 136 F.3d at 1050 ; Bolton v. Scrivner, Inc., 36 F.3d 939, 942 (10th Cir.1994), cert. denied, 513 U.S. 1152 , 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995); Chandler v. City of Dallas, 2 F.3d 1385, 1391 (5th Cir.1993), cert. denied, 511 U.S. 1011 , 114 S.Ct. 1386 , 128 L.Ed.2d 61 (1994). “ ‘Major life activities means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.’ ” Talk, 165 F.3d at 1024-25 ; Hamilton, 136 F.3d at 1050 (quoting 29 C…
discussed Cited as authority (rule) Johnston v. Henderson (2×)
S.D. Fla. · 2001 · confidence medium
These provisions, requiring a substantial limitation on a major life activity, exclude individuals with minor impairments which merely affect the ability to satisfy the singular demands of a particular job, Cash v. Smith, 231 F.3d 1301 , 1306 (11th Cir.2000); Gupton v. Commonwealth of Virginia, 14 F.3d 203 (4th Cir.), cert, denied, 513 U.S. 810 , 115 S.Ct. 59 , 130 L.Ed.2d 17 (1994); Forrisi v. Bowen, 794 F.2d 931, 933-34 (4th Cir. 1986), and individuals with only temporary impairments, Sutton v. Lader, 185 F.3d 1203, 1209 (11th Cir.l999)(“A temporary inability to work while recuperating fro…
examined Cited as authority (rule) Cheryl M. Hooven-Lewis v. Louis Caldera, Secretary of the Army (4×) also: Cited "see", Cited "see, e.g."
4th Cir. · 2001 · confidence medium
Corp., 128 F.3d 191, 199 (4th Cir.1997); Forrisi v. Bowen, 794 F.2d 931, 934-35 (4th Cir.1986); 29 C.F.R. § 1630.2 (j)(3)(i).
discussed Cited as authority (rule) Mayers v. Washington Adventist Hospital
D. Maryland · 2001 · confidence medium
“To establish that [an impairment] substantially limited her ability to work, [Plaintiff must] show not merely that her [asthma and] allergy made her ‘incapable of satisfying the singular demands of a particular job,’ but that it ‘foreclose^] generally [her opportunity to obtain] the type of employment involved[.]’ ” Gupton v. Virginia, 14 F.3d 203, 205 (4th Cir.1994) (quoting Forrisi v. Bowen, 794 F.2d 931, 934 (4th Cir.1986)); 29 C.F.R. § 1630 (j)(3)(I), App. It is undisputed that, with proper medication, Plaintiffs asthma has been and can be controlled.
discussed Cited as authority (rule) Eber v. Harris County Hospital District
S.D. Tex. · 2001 · confidence medium
See Dutcher, 53 F.3d at 726 ; see also Talk, 165 F.3d at 1024 ; Hamilton, 136 F.3d at 1050 ; Bolton v. Scrivner, Inc., 36 F.3d 939, 942 (10th Cir.1994), cert. denied, 513 U.S. 1152 , 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995); Chandler v. City of Dallas, 2 F.3d 1385, 1391 (5th Cir.1993), cert. denied, 511 U.S. 1011 , 114 S.Ct. 1386 , 128 L.Ed.2d 61 (1994). “ ‘Major life activities means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.’ ” Talk, 165 F.3d at 1024-25 ; Hamilton, 136 F.3d at 1050 (quoting 29 C…
discussed Cited as authority (rule) Story v. Sunshine Foliage World, Inc.
M.D. Fla. · 2000 · confidence medium
Several courts have stated that, “an employer does not necessarily regard an employee as having a substantially limiting impairment simply because it believes he is incapable of satisfying the singular demands of a particular job.” Ellison, 85 F.3d at 192 ; see also Gordon, 100 F.3d at 913 ; Forrisi v. Bowen, 794 F.2d 931, 935 (4th Cir.1986); 29 C.F.R.
cited Cited as authority (rule) Santiago v. City of Vineland
D.N.J. · 2000 · confidence medium
Id. at 934 (citation omitted).
discussed Cited as authority (rule) Robben v. U.S. Postal Service
10th Cir. · 2000 · confidence medium
In that case, we spoke as follows: As to the second element, “the statutory language, requiring a substantial limitation of a major life activity, emphasizes that the impairment must be a significant one.” Forrisi v. Bowen, 794 F.2d 931, 933 (4th Cir. 1986).
discussed Cited as authority (rule) Morrison v. Pinkerton Inc. (2×) also: Cited "see"
Tex. App. · 1999 · confidence medium
To allow individuals with minor or common impairments to attain “disabled” status under the TCHRA or ADA would trivialize the purpose behind these acts and the impairments of those who are truly disabled: “It would debase this high purpose if the statutory protections available to those truly handicapped could be claimed by anyone whose disability was minor and whose relative severity of impairment was widely shared.” Forrisi v. Bowen, 794 F.2d 931, 934 (4th Cir.1986).
discussed Cited as authority (rule) Betts v. Rector and Visitors
4th Cir. · 1999 · confidence medium
See Runnebaum, 123 F.3d at 167 (stating that "the impairment must be significant, not merely trivial"); Forrisi v. Bowen, 794 F.2d 931, 933-34 (4th Cir. 1986) (con- cluding that "[t]he statutory language, requiring a substantial limita- tion of a major life activity, emphasizes that the impairment must be a significant one").
discussed Cited as authority (rule) Atkins v. USF Dugan, Inc.
M.D.N.C. · 1999 · confidence medium
The statutory reference to a substantial limitation indicates instead that an employer regards an employee as handicapped in his or her ability to work by finding the employee’s impairment to foreclose generally the type of employment involved. *808 Forrisi v. Bowen, 794 F.2d 931, 934-35 (4th Cir.1986) (citations omitted) (emphasis added) (analyzing a claim under the Rehabilitation Act); 9 see also 29 C.F.R. § 1630.2 (j)(3)(i) (“The inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working”).
discussed Cited as authority (rule) Kampouris v. Saint Louis Symphony Soc.
E.D. Mo. · 1999 · confidence medium
Instead, "an employer regards an employee as handicapped in his or her ability to work by finding the employee's impairment to foreclose generally the type of employment involved." Forrisi v. Bowen, 794 F.2d 931, 934, 935 (4th Cir.1986).
discussed Cited as authority (rule) Hoskins v. Oakland County Sheriff's Department
E.D. Mich. · 1999 · confidence medium
The court disagreed, holding that the “ ‘[t]he statutory language, requiring a substantial limitation of a major life activity, emphasizes that the impairment must be a significant one.’ ” Id. (quoting Forrisi v. Bowen, 794 F.2d 931, 933-34 (4th Cir.1986).
discussed Cited as authority (rule) Tuten v. Clariant Corporation
4th Cir. · 1999 · confidence medium
See Gupton v. Virginia, 14 F.3d 203, 205 (4th Cir. 1994) (holding that plaintiff's allergy to tobacco smoke, while making it impossible to continue in the particular job she had held, did not limit the major life activity of working); see also Williams v. Channel Master Satellite Sys., 101 F.3d 346 , 349 (4th Cir. 1996) (holding that, as a matter of 3 law, a 25-pound lifting limitation does not limit any major life activ- ity); Forrisi v. Bowen, 794 F.2d 931, 934-35 (4th Cir. 1986) (noting that under the Rehabilitation Act, a person is not considered handi- capped because of the inability to p…
cited Cited as authority (rule) Mondzelewski v. Pathmark
3rd Cir. · 1998 · confidence medium
Co., 94 F.3d 484, 488 (8th Cir. 1996) (citing Forrisi v. Bowen, 794 F.2d 931, 933 (4th Cir. 1986)); accord E.E.
cited Cited as authority (rule) Joseph A. Mondzelewski, Rebecca Mondzelewski v. Pathmark Stores, Inc., Supermarkets General Corp.
3rd Cir. · 1998 · confidence medium
Co., 94 F.3d 484, 488 (8th Cir.1996) (citing Forrisi v. Bowen, 794 F.2d 931, 933 (4th Cir.1986)); accord E.E.
discussed Cited as authority (rule) Miller v. Cohen
M.D. Penn. · 1998 · confidence medium
See Byrne v. Board of Educ., School of West Allis-West Milwaukee, 979 F.2d 560, 564 (7th Cir.1992); Forrisi v. Bowen, 794 F.2d 931, 933 (4th Cir.1986); Jasany v. United States Postal Service, 755 F.2d 1244, 1249 (6th Cir.1985); James v. Runyon, Civ.
discussed Cited as authority (rule) Phillip S. Ceretti v. Marvin T. Runyon
8th Cir. · 1998 · confidence medium
See Wooten v. Farmland Foods, 58 F.3d 382 , 385 n.2 (8th Cir. 1995). -5- 215 (2d Cir. 1989) (finding that the major life activity “working” cannot be interpreted to mean working at the specific job of one’s choice); Forrisi v. Bowen, 794 F.2d 931, 934 (4th Cir. 1986) (stating that the statutory reference to substantial limitation means “to foreclose generally the type of employment involved.”).
discussed Cited as authority (rule) Keith W. Cline v. Wal-Mart Stores, Incorporated
4th Cir. · 1998 · confidence medium
We have previously held that to sustain its burden on this point, a plaintiff must demonstrate that the employer “regarded the plaintiff] as handicapped in his or her ability to work by finding the employee’s impairment to foreclose generally the type of employment involved.” Forrisi v. Bowen, 794 F.2d 931, 935 (4th Cir.1986); see also Halperin, 128 F.3d at 199 ; Gupton v. Com. of Virginia, 14 F.3d 203, 205 (4th Cir.1994) (holding that a plaintiffs ability to work is substantially limited when his impairment “foreclosed him generally from obtaining jobs doing the type of work plaintiff…
discussed Cited as authority (rule) Green v. Rosemont Industries, Inc.
S.D. Ohio · 1998 · confidence medium
Moreover, several courts have held “that an employer does not necessarily regard an employee as [disabled] simply by finding the employee as being incapable of satisfying the singular demands of a particular job.” Forrisi v. Bowen, 794 F.2d 931, 934 (4th Cir. 1986) (cited with approval in Kocsis, 97 F.3d at 885 ).
Retrieving the full opinion text from the archive…
Louis P. FORRISI, Appellant,
v.
Otis R. BOWEN, Appellee
Louis L. Lesesne, Jr. (Gillespie & Les-esne, Charlotte, N.C., on brief) for appellant., Timothy M. White, Dept. of Health and Human Services, Washington, D.C. (Kenneth W. McAllister, U.S. Atty., Harry L. Hobgood, Asst. U.S. Atty., Greensboro, N.C., on brief) for appellee., Before WIDENER and WILKINSON, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.
Wilkinson.
Cited by 228 opinions  |  Published
WILKINSON, Circuit Judge:

The sole question is whether the plaintiff, fired because of his fear of heights, may claim the protection of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. We conclude that plaintiffs acrophobia is not a handicap for which he may claim relief from discrimination, and we affirm the summary judgment in favor of defendant.

I.

The Department of Health and Human Services hired Louis P. Forrisi in February 1983 as a utility systems repairer and operator in the Office of Facilities Engineering of the National Institute of Environmental Health Services (NIEHS). The job description requires that the occupant be able to climb stairways and ladders both for emergencies and for routine maintenance. During an introductory tour of the plant at Research Triangle Park, North Carolina, Forrisi told his supervisor that he could not climb to certain heights. Management officials responded that Forrisi therefore could not satisfy the requirements of his job. Forrisi insisted that he could do the necessary work, particularly if the employer would make some adjustments to accommodate his fears. In April 1983, HHS informed Forrisi that it had terminated his appointment because he was “medically unable to perform the full range of the duties of [his] position.” Forrisi charged that the decision constituted illegal discrimination against a handicapped person, and, after exhausting the available administrative remedies, brought this lawsuit under § 505 of the Rehabilitation Act of 1973, 29 U.S.C. § 794a.

II.

To succeed in his claim, Forrisi must first establish that he is a handicapped person within reach of the statute. The Rehabilitation Act of 1973, as amended, defines the term “handicapped individual” at 29 U.S.C. § 706(7)(B) as “any person who (i) has a physical or mental impairment which substantially limits one or more of such person’s major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment.” The district court correctly held that plaintiff failed to satisfy this threshold test.

The question of who is a handicapped person under the Act is best suited to a “case-by-case determination,” E. E. Black, Ltd. v. Marshall, 497 F.Supp. 1088, 1100 (D.Hawaii 1980), as courts assess the effects of various impairments upon varied individuals. The definitional task cannot be accomplished merely through abstract lists and categories of impairments. The inquiry is, of necessity, an individualized one — whether the particular impairment constitutes for the particular person a significant barrier to employment. Relevant to the inquiry are “the number and type of jobs from which the impaired individual is disqualified, the geographical area to which the individual has reasonable access, and the individual’s job expectations and training.” Jasany v. United States Postal Service, 755 F.2d 1244, 1249 (6th Cir.1985).

The statutory language, requiring a substantial limitation of a major life activ[*934] ity, emphasizes that the impairment must be a significant one. It was open to Congress to omit these limiting adjectives, but Congress did not do so. Tudyman v. United Airlines, 608 F.Supp. 739, 745 (C.D.Cal.1984). The Rehabilitation Act assures that truly disabled, but genuinely capable, individuals will not face discrimination in employment because of stereotypes about the insurmountability of their handicaps. It would debase this high purpose if the statutory protections available to those truly handicapped could be claimed by anyone whose disability was minor and whose relative severity of impairment was widely shared. Indeed, the very concept of an impairment implies a characteristic that is not commonplace and that poses for the particular individual a more general disadvantage in his or her search for satisfactory employment. Jasany v. United States Postal Service, 755 F.2d at 1249.

Forrisi does not maintain that his acrophobia substantially limits his major life activities or that he has a history of an impairment that so limits him. To the contrary, he reported in deposition testimony that “My fear of heights never affected my life at all on any job or anything” and that “It never was a problem before I got this job here at NIEHS. It never was a problem.” Cf . Jasany v. United States Postal Service, 755 F.2d at 1250 (plaintiff was not handicapped under § 706(7)(B)(i) because he stipulated that his “condition had never had any effect whatsoever on any of his activities, including his past work history”).

Forrisi argues instead that § 706(7)(B)(iii) extends to his situation because, though not in fact a handicapped individual, he was perceived as being so. HHS, he claims, regarded him as having an impairment that substantially limited one of his major life activities. The Equal Employment Opportunity Commission, which is responsible for federal employers’ compliance with the Rehabilitation Act, has issued regulations that define “is regarded as having an impairment” to mean

(1) has a physical or mental impairment that does not substantially limit major life activities but is treated by an employer as constituting such a limitation; (2) has a physical or mental impairment that substantially limits major life activities only as a result of the attitude of an employer toward such impairment; (3) or has none of the impairments defined in (b) of this section but is treated by an employer as having such an impairment.

29 C.F.R. § 1613.702(e). The EEOC has also defined “major life activities” to include “functions, such as caring for one’s self, performing manual tasks, walking, seeing, hearing, and working.” 29 C.F.R. § 1613.702(c). In this case, we owe deference to the EEOC construction because of the active Congressional participation in the administrative process and the resulting correspondence between the regulation and the legislative purpose as expressed in Senate Report No. 93-1297, reprinted in 1974 U.S. Code Congressional and Administrative News 6373, 6389-90. See Consolidated Rail Corp. v. Darrone, 465 U.S. 624, 634 n. 15, 104 S.Ct. 1248, 1255 n. 15, 79 L.Ed.2d 568 (1984).

The statute and regulations both focus our attention on the claim that Forrisi’s acrophobia did not substantially limit any of his major life activities but that HHS nevertheless treated the condition as such a handicap on his ability to work. We must identify the degree to which HHS could consider Forrisi’s acrophobia to restrict his ability to work without, in the statutory sense, considering the acrophobia to be a substantial limitation in violation of § 706(7)(B)(iii). Forrisi urges a statutory violation on the theory that HHS must have regarded Forrisi as substantially limited in his ability to work when the Department found him unable to perform his job at NIEHS.

Several courts have previously addressed this issue, deciding unanimously that an employer does not necessarily regard an employee as handicapped simply by finding the employee to be incapable of satisfying the singular demands of a particular job. See de la Torres v. Bolger, 610 F.Supp. 593, 597 (N.D.Tex.1985) (employer[*935] regarded employee as left-handed); Tudy-man v. United Airlines, 608 F.Supp. at 746 (employer regarded employee as overweight); E. E. Black, Ltd. v. Marshall, 497 F.Supp. at 1101. The statutory reference to a substantial limitation indicates instead that an employer regards an employee as handicapped in his or her ability to work by finding the employee’s impairment to foreclose generally the type of employment involved. The court in E. E. Black, Ltd. v. Marshall illustrated the conclusion with an example that anticipated Forrisi’s predicament as well as his argument. If the Rehabilitation Act extended to all individuals who have been rejected from a particular job because of a perceived inability to perform that job, the court reasoned, the Act would cover an individual with acrophobia “who was offered 10 deputy assistant accountant jobs with a particular company, but was disqualified from one job because it was on the 37th floor.” 497 F.Supp. at 1099. The court found that any such interpretation would contravene the exclusive statutory concern for substantial limitations, whether genuine or perceived.

We agree both with this theoretical position and with its application to the problem of acrophobia. HHS never doubted Forri-si’s ability to work in his chosen occupation of utility systems repair. The Department merely saw him as unable to exercise his acknowledged abilities above certain altitudes in this NIEHS plant. The district court noted that plaintiff “had no difficulty in obtaining other jobs in his field prior to this one, and defendant’s uncontroverted allegation is that plaintiff is currently employed once again as an engineer.” Forri-si v. Heckler, 626 F.Supp. 629, 632 (M.D.N. C.1985). The record demonstrates that the employer’s perception accorded with these facts. Far from being regarded as having a “substantial limitation” in employability, Forrisi was seen as unsuited for one position in one plant — and nothing more.

As one court has noted, adoption of For-risi’s reasoning would imply that anyone who failed to obtain a single job because of a single requirement of employment would become a handicapped individual because the employer would thus be regarding the applicant’s failure as a handicap. Tudy-man v. United Airlines, 608 F.Supp. at 746. Such a reading would stand the Act on its head. The Rehabilitation Act seeks to remedy perceived handicaps that, like actual disabilities, extend beyond this isolated mismatch of employer and employee.

The judgment of the district court is AFFIRMED.