A physical impairment alone is not a disability under the ADA if the inability to perform one aspect of a job does not substantially limit the activity of working.
An employee sustained an arm injury that prevented her from performing specific welding tasks requiring climbing. She sued her former employer for discrimination under the Americans with Disabilities Act, alleging her impairment constituted a disability. The court held that a physical impairment alone does not necessarily constitute a disability under the Act. Because the employee could perform most daily activities and could still perform welding work that did not require climbing, her inability to perform one aspect of a specific job did not amount to a substantial limitation of the major life activity of working. Consequently, the plaintiff failed to establish she had a disability.
At page 726 Determining substantial limitation of major life activities117 citing cases“a physical impairment, standing alone, is not necessarily a disability as contemplated by the ada.”
- Turco v. Hoechst Celanese Chem. Grp., Inc., 906 F. Supp. 1120 (S.D. Tex. 1995).published But cf. Butcher, supra, 53 F.3d 723 at 726 (finding that plaintiff, who suffered a permanent injury to her arm, could perform the “normal activities of daily living” listed above).
- Rodriguez v. Alcoa Inc., 805 F. Supp. 2d 310 (S.D. Tex. 2011).published Id. (quoting Butcher, 53 F.3d at 727 (“The inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working.”)).
- Thomas v. DeJoy, No. 25-20297 (5th Cir. Apr. 14, 2026).unpublishedCiv. P. 56(a). 6 Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986). 7 Dark v. Potter, 293 F. App'x 254, 258 (5th Cir. 2008). 8 Hileman v. City of Dallas, 115 F.3d 352, 353 (5th Cir. 1997) (quoting 29 U.S.C. § 794 (a)). 9 Id. (quoting 29 U…
- Torres v. Cornerstone Fitness TX, LLC, No. 5:22-cv-01190 (W.D. Tex. Aug. 9, 2024).Mere evidence of a physical impairment is insufficient to succeed under the ADA as Plaintiff must also show that her impairment substantially limits a major life activity. 42 U.S.C. § 12102 (2); Dutcher v. Ingalls Shipbuilding, 53 F.3d 723…
- Thomas v. Burrows, No. 2:22-cv-03511 (E.D. La. Feb. 6, 2023).Telephone Co., 136 F.3d 1047, 1050 (quoting 29 C.F.R. § 1630.20 (i)); Dutcher v. Ingalls Shipbuilding, 53 F.3d 723, 726 (5th Cir. 1995) (same); see also Williams, 534 U.S. at 195 (quoting 45 C.F.R. § 84.3 (j)(2)(ii)(2001)); Mason v. United…
- C Aaron D Smalley v. Dow Chem. Co., No. 353262 (Mich. Ct. App. Jan. 20, 2022).unpublishedAs noted in the majority opinion, a disability must affect a major life activity which are defined as “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 21…
- Mueck v. La Grange Acquisitions, L.P., No. 5:20-cv-00801 (W.D. Tex. Jan. 3, 2022).Plaintiffs must demonstrate the subject impairment substantially limits a major life activity. 42 U.S.C. § 12102 (2)(A); Dutcher v. Ingalls Shipbuilding, 53 F.3d 723, 726 (5th Cir. 1995).
- Moore v. Centralized Mgmt. Servs., LLC, No. 2:19-cv-01592, 2020 WL 972711 (E.D. La. Feb. 28, 2020). “Whether an impairment is substantially limiting depends on ‘(1) the nature and severity of the impairment, (2) its duration or expected duration, and (3) its permanent or expected permanent or long-term impact.’” Dupre, 242 F.3d at 614 (q…
- Jackson v. Harris Cnty., Texas, No. 4:17-cv-03885 (S.D. Tex. Feb. 26, 2020).Dutcher v. Ingalls Shipbuilding, 53 F.3d 723, 726 (5th Cir. 1995).
- Darnell v. Golden Nugget Lake Charles L L C, No. 2:19-cv-00890 (W.D. La. Feb. 13, 2020).“(1) the nature and severity of the impairment, (2) its duration or expected duration, and (3) its permanent or 27 Id. p. 7 . 28 Id. expected permanent or long-term impact”
Show 102 more citing cases
- Nancy Boss v. Dep't of Health & Human Servs., No. 337682 (Mich. Ct. App. Apr. 10, 2018).unpublishedTo sustain a claim under the PWDCRA, a plaintiff must demonstrate that her alleged impairment falls within the following statutory definition of a “disability”: (i) A determinable physical or mental characteristic of an individual, which m…
- Kris Arthur v. BNSF Ry. Co., 697 F. App'x 826 (5th Cir. 2017).unpublished Dupre v. Charter Behavioral Health Sys. of Lafayette, Inc., 242 F.3d 610, 614 (5th Cir. 2001) (quoting Dutcher v. Ingalls Shipbuilding, 53 F.3d 723, 726 (5th Cir. 1995)). .
- Baptist Mem'l Hosp. - North Mississippi, Inc v. C. Jake Lambert, 157 So. 3d 109 (Miss. Ct. App. 2015).published (discussing disability law)
- Shurb v. Univ. of Texas Health Sci. Ctr. at Houston-Sch. of Med., 63 F. Supp. 3d 700 (S.D. Tex. 2014).published“A physical impairment, standing alone, is not necessarily a disability as contemplated by the ADA”
- Randy Hagood v. Cnty. of El Paso, 408 S.W.3d 515 (Tex. App.—El Paso 2013).published“is determined in light of (1) the nature and severity of the impairment, (2) its duration or expected duration, and (3) its permanent or expected permanent or long-term impact”
- Milton v. Texas Dep't of Crim. Just., 707 F.3d 570 (5th Cir. 2013).publishedIn Agro Distribution, we restated that “whether an impairment is substantially limiting ‘is determined in light of (1) the nature and severity of the impairment; (2) its duration or expected duration; and (3) its permanent or expected perm…
- Equal Emp. Opportunity Comm'n v. Autozone, Inc., 630 F.3d 635 (7th Cir. 2010).published(caring for oneself encompasses a broad range of normal activities related to daily living, including feeding oneself, driving, grooming, and cleaning home)
- Williamson v. Am. Nat'l Ins. Co., 695 F. Supp. 2d 431 (S.D. Tex. 2010).publishedA. 3:97-CV-2505-L, 1999 WL 261925 (N.D.Tex.1999), aff'd, 204 F.3d 1115 (5th Cir.1999) (plaintiff with epilepsy and seizures, with restriction on driving for thirty days, did not have an impairment that was a “substantial” limitation on his…
- Equal Emp. Opportunity Comm'n v. Agro Distrib., LLC, 555 F.3d 462 (5th Cir. 2009).published“is determined in light of (1) the nature and severity of the impairment; (2) its duration or expected duration; and (3) its permanent or expected permanent or long-term impact”
- Kellogg v. Energy Saf. Servs. Inc., 544 F.3d 1121 (10th Cir. 2008).published In that context the Second Circuit stated: The function of "caring for one's self," we have held, "encompasses normal activities of daily living; including feeding oneself, driving, grooming, and cleaning home." Ryan v. Grae & Rybicki, P.C…
- Lloyd v. Washington & Jefferson Coll., 288 F. App'x 786 (3d Cir. 2008).unpublished(explaining that “[a] physical impairment, standing alone, is not necessarily a disability as contemplated by the ADA)
- St. John v. NCI Bldg. Sys., Inc., 537 F. Supp. 2d 848 (S.D. Tex. 2008).published “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working”
- Pedroza v. Autozone, Inc., 536 F. Supp. 2d 679 (W.D. Tex. 2008).published To be considered a disability, an injury or impairment *690 “must substantially limit a major life activity.” Du tcher v. Ingalls Shipbuilding, 53 F.3d 723, 726 (5th Cir.1995).
- Equal Emp. Opportunity Comm'n v. Agro Distributors, LLC, 442 F. Supp. 2d 357 (S.D. Miss. 2006).published The statute requires an impairment that substantially limits one or more of the major life activities.” Dutcher v. Ingalls Shipbuilding, 53 F.3d 723, 726 (5th Cir.1995).
- Miller v. BellSouth Bus Sys, No. 99-30748 (5th Cir. Mar. 20, 2000).unpublished
- Nedder v. Rivier Coll., 908 F. Supp. 66 (D.N.H. 1995).published
- Santiago Clemente v. Exec. Airlines, 7 F. Supp. 2d 114 (D.P.R. 1998).published
- Phillip T. Still v. Freeport-Mcmoran, Inc., 120 F.3d 50 (5th Cir. 1997).published
- Watters v. Montgomery Cty Emer, No. 97-20118 (5th Cir. Nov. 26, 1997).unpublished
- Sherrod v. Am. Airlines, Inc., 132 F.3d 1112 (5th Cir. 1998).published
- Hamilton v. Sw. Bell Tel. Co., 136 F.3d 1047 (5th Cir. 1998).published
- Pryor v. Trane Co., 138 F.3d 1024 (5th Cir. 1998).published
- EEOC v. R J Gallagher Co, No. 98-20351 (5th Cir. Aug. 2, 1999).published
- Dupre v. Charter Behavioral Health Sys. of Lafayette Inc., 242 F.3d 610 (5th Cir. 2001).published
- Bridges v. Dept of Soc. Svcs, No. 00-30804 (5th Cir. Apr. 30, 2001).unpublished
- Watkins v. Roadway Express Inc, No. 01-10065 (5th Cir. Sept. 4, 2001).unpublished
- Bardwell v. Wal-Mart Stores Inc, No. 01-31054 (5th Cir. Feb. 20, 2002).unpublished
- Waldrip v. Gen. Elec. Co., 325 F.3d 652 (5th Cir. 2003).published
- Henson v. Bell Helicopter Textron, Inc., 128 F. App'x 387 (5th Cir. 2005).unpublished
- Mitchell Woods v. Tyler Mountain Co., Inc., Doing Bus. as Tyler Mountain Water Co., Inc., 73 F.3d 367 (8th Cir. 1996).published
- Irene Wernick v. Fed. Reserve Bank of New York, 91 F.3d 379 (2d Cir. 1996).published
- Francis J. Kelly v. Drexel Univ., 94 F.3d 102 (3d Cir. 1996).published
- Jessica Ryan v. Grae & Rybicki, P.C., 135 F.3d 867 (2d Cir. 1998).published
- Equal Emp. Opportunity Comm'n, - Mary Boyle, Intervenor v. R.J. Gallagher Co., 181 F.3d 645 (5th Cir. 1999).published
- Richard McAlindin v. Cnty. of San Diego Rudolph Tamayo Edward Baker Gabriel Rodriguez Does, One Through 50, Inclusive, 192 F.3d 1226 (9th Cir. 2000).published
- Alfred F. Marinelli v. City of Erie, Pennsylvania, 216 F.3d 355 (3d Cir. 2000).published
- Ella Williams v. Toyota Motor Mfg., Kentucky, Inc., 218 F.3d 609 (6th Cir. 2000).published
- Marilyn Anderson, Appellant/cross-Appellee v. North Dakota State Hosp., Appellee/cross-Appellant, 232 F.3d 634 (8th Cir. 2000).published
- Reg'l Econ. Cmty. Action Prog., Inc. v. City Of Middletown, 281 F.3d 333 (2d Cir. 2002).published
- Reg'l Econ. Cmty. Action Prog., Inc. v. City Of Middletown, 294 F.3d 35 (2d Cir. 2002).published
- Peters v. Baldwin Union Free Sch. Dist., 320 F.3d 164 (2d Cir. 2003).published
- Brenda A. Gowesky, M.D. v. Singing River Hosp. Sys., D/B/A Ocean Springs Hosp., 321 F.3d 503 (5th Cir. 2003).published
- Boren v. Wolverine Tube, Inc., 966 F. Supp. 457 (N.D. Miss. 1997).published
- Price v. Nat'l Bd. of Med. Examiners, 966 F. Supp. 419 (S.D.W. Va 1997).published
- Andress v. Nat'l Pizza Co. Intern., Inc., 984 F. Supp. 475 (S.D. Miss. 1997).published
- Castro v. Local 1199, Nat'l Health & Human Servs. Employees Union, 964 F. Supp. 719 (S.D.N.Y. 1997).published
- Kirkendall v. United Parcel Serv., Inc., 964 F. Supp. 106 (W.D.N.Y. 1997).published
- Cannizzaro v. Neiman Marcus, Inc., 979 F. Supp. 465 (N.D. Tex. 1997).published
- Horth v. Gen. Dynamics Land Sys., Inc., 960 F. Supp. 873 (M.D. Penn. 1997).published
- Anderson v. Gus Mayer Boston Store of Delaware, 924 F. Supp. 763 (E.D. Tex. 1996).published
- Hazeldine v. Beverage Media, Ltd., 954 F. Supp. 697 (S.D.N.Y. 1997).published
- Terrell v. USAir, Inc., 955 F. Supp. 1448 (M.D. Fla. 1996).published
- Popko v. Pennsylvania State Univ., 994 F. Supp. 293 (M.D. Penn. 1998).published
- Piper v. Kimberly-Clark Corp., 970 F. Supp. 566 (E.D. Tex. 1997).published
- Crumpton v. St. Vincent's Hosp., 963 F. Supp. 1104 (N.D. Ala. 1997).published
- Settle v. SW Rodgers, Co., Inc., 998 F. Supp. 657 (E.D. Va. 1998).published
- Szalay v. Yellow Freight Sys., Inc., 998 F. Supp. 799 (N.D. Ohio 1996).published
- Farley v. Gibson Container, Inc., 891 F. Supp. 322 (N.D. Miss. 1995).published
- Howard v. Navistar Int'l, Transp. Corp., 904 F. Supp. 922 (E.D. Wis. 1995).published
- Lown v. JJ Eaton Place, 598 N.W.2d 633 (Mich. Ct. App. 1999).published
- Henderson v. New York Life, Inc., 991 F. Supp. 527 (N.D. Tex. 1997).published
- Satterwhite v. City of Auburn, 945 So. 2d 1076 (Ala. Crim. App. 2006).published
- Kalekiristos v. CTS Hotel Mgmt. Corp., 958 F. Supp. 641 (D.D.C. 1997).published
- Panzullo v. Modell's Pa., Inc., 968 F. Supp. 1022 (E.D. Pa. 1997).published
- Kriskovic v. Wal-Mart Stores, Inc., 948 F. Supp. 1355 (E.D. Wis. 1996).published
- Taylor v. Dover Elevator Sys., Inc., 917 F. Supp. 455 (N.D. Miss. 1996).published
- Stevens v. Inland Waters, Inc, 559 N.W.2d 61 (Mich. Ct. App. 1997).published
- Vulcu v. Trionix Rsch. Lab'y, Inc., 993 F. Supp. 623 (N.D. Ohio 1998).published
- Madjlessi v. MacY's West, Inc., 993 F. Supp. 736 (N.D. Cal. 1997).published
- Stone v. Sangamon Cnty. Sheriff's Dep't, 168 F. Supp. 2d 925 (C.D. Ill. 2001).published
- McCleary v. Nat'l Cold Storage, Inc., 67 F. Supp. 2d 1288 (D. Kan. 1999).published
- Woodland v. Dist. Council 20, 777 A.2d 795 (D.C. 2001).published
- Bennett v. Calabrian Chemicals Corp., 324 F. Supp. 2d 815 (E.D. Tex. 2004).published
- Richards v. Seariver Mar. Fin. Holdings, Inc., 59 F. Supp. 2d 616 (S.D. Tex. 1998).published
- Middleton v. Ball-Foster Glass Container Co., 139 F. Supp. 2d 782 (N.D. Tex. 2001).published
- Manzi v. DiCarlo, 62 F. Supp. 2d 780 (E.D.N.Y 1999).published
- Zarzycki v. United Tech. Corp., 30 F. Supp. 2d 283 (D. Conn. 1998).published
- Eber v. Harris Cnty. Hosp. Dist., 130 F. Supp. 2d 847 (S.D. Tex. 2001).published
- Jacques v. DiMarzio, Inc., 200 F. Supp. 2d 151 (E.D.N.Y 2002).published
- Beaver v. Delta Air Lines, Inc., 43 F. Supp. 2d 685 (N.D. Tex. 1999).published
- Brady v. Wal-Mart Stores, Inc., 43 F. Supp. 2d 652 (S.D. Miss. 1998).published
- Wicks v. Riley Cnty. Bd. of Cnty. Commissioners, 125 F. Supp. 2d 1282 (D. Kan. 2000).published
- Guerin v. Pointe Coupee Par. Nursing Home, 246 F. Supp. 2d 488 (M.D. La. 2003).published
- Galvan v. City of Bryan, Tex., 367 F. Supp. 2d 1081 (S.D. Tex. 2004).published
- Woodfolk v. Ormet Primary Aluminum Corp., 191 F. Supp. 2d 703 (M.D. La. 2001).published
- Canis v. Coca-Cola Enter., Inc., 49 F. Supp. 2d 73 (D.R.I. 1999).published
- Landry v. United Scaffolding, Inc., 337 F. Supp. 2d 808 (M.D. La. 2004).published
- Frazier v. Smith, 12 F. Supp. 2d 1362 (S.D. Ga. 1998).published
- Weigert v. Georgetown Univ., 120 F. Supp. 2d 1 (D.D.C. 2000).published
- Pinegar v. Shinseki, 665 F. Supp. 2d 487 (M.D. Penn. 2009).published
- Spinks v. TruGreen Landcare, L.L.C., 322 F. Supp. 2d 784 (S.D. Tex. 2004).published
- Thompson v. KN Energy, Inc., 177 F. Supp. 2d 1238 (D. Kan. 2001).published
- Rebarchek v. Farmers Coop. Elevator & Mercantile Ass'n, 60 F. Supp. 2d 1145 (D. Kan. 1999).published
- Gonzalez v. Nat'l Bd. of Med. Examiners, 60 F. Supp. 2d 703 (E.D. Mich. 1999).published
- French v. Hawaii Pizza Hut, Inc., 99 P.3d 1046 (Haw. 2004).published
- Marinelli v. City of Erie, 216 F.3d 354 (3d Cir. 2000).published
- Marilyn Anderson v. ND State Hosp., No. 99-3329 (8th Cir. Nov. 14, 2000).published
- Williams v. Toyota Motor Mfg., Kentucky, Inc., 224 F.3d 840 (6th Cir. 2000).published
- Reg'l Econ. Cmty. Action Prog., Inc. v. City of Middletown, 281 F.3d 333 (2d Cir. 2002).published
- Reg'l Econ. Cmty. Action Prog., Inc. v. City of Middletown, 294 F.3d 35 (2d Cir. 2002).published
- Jaffe v. Catholic Med. Ctr., 2003 DNH 198 (D.N.H. 2003).published
- Thomas v. Louisiana Casino Cruises, Inc., 886 So. 2d 468 (La. Ct. App. 2004).published
At page 727 Determining substantial limitation of working activity under ADA67 citing cases“the inability to perform one aspect of a job while retaining the ability to perform the work in general does not amount to substantial limitation of the activity of working.”
- Rodriguez v. Alcoa Inc., 805 F. Supp. 2d 310 (S.D. Tex. 2011).published (The inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working.)
- Dube v. Middlesex Corp., 797 N.E.2d 925 (Mass. App. Ct. 2003).published([T]he inability to perform one aspect of a [single] job while retaining the ability to perform the work in general does not amount to substantial limitation of the activity of working)
- Deason v. Duke Engy Trunkline, No. 01-30259 (5th Cir. Mar. 21, 2002).unpublished(inability to perform one aspect of a job while retaining the ability to perform the work in general does not amount to substantial limitation of the activity of working.)
- Nedder v. Rivier Coll., 944 F. Supp. 111 (D.N.H. 1996).published
- Reyna v. Epiroc Drilling Solutions LLC, No. 3:23-cv-01005 (N.D. Tex. Nov. 30, 2023).Thus, the Court concludes that Reyna plausibly alleged that his finger impairment limits a major life activity, and therefore is a qualifying disability under the ADA. 48 29 C.F.R. § 1630.2 (i). 49 Dutcher v. Ingalls Shipbuilding, 53 F.3d…
- Liner v. Terminix Pest Control, Inc., No. 2:22-cv-03698, 2023 WL 8005008 (E.D. La. Nov. 17, 2023).Plaintiff alleges that his doctor recommended against getting the vaccine, and further, 22 Doc. 16 at 11. 23 Id. 24 42 U.S.C. § 12102 (2)(A). 25 Dutcher v. Ingalls Shipbuilding, 53 F.3d 723, 727 (5th Cir. 1995) (citing 29 C.F.R. § 1630.2 (…
- Chauvin v. Terminix Pest Control, Inc., No. 2:22-cv-03673 (E.D. La. Nov. 15, 2023).Plaintiff alleges that his treating physician wrote a letter, advising that Plaintiff “cannot receive the COVID vaccine, the risk, side effects and health of the patient outweigh the good in getting the vaccine.”24 19 Doc. 10 at 9. 20 Id.…
- Smith v. Terminix Pest Control, Inc., No. 2:22-cv-03701 (E.D. La. Nov. 15, 2023).Plaintiff alleges that he conducted his own research regarding the side effects of the COVID-19 vaccine on vaccine recipients’ lungs and was 22 Doc. 16 at 9. 23 Id. at 10 . 24 42 U.S.C. § 12102 (2)(A). 25 Dutcher v. Ingalls Shipbuilding, 5…
- Picou v. Terminix Pest Control, Inc., No. 2:22-cv-03700 (E.D. La. Nov. 15, 2023).Plaintiff alleges that her primary care physician told her not to take the vaccine; her cardiologist could not recommend any of the vaccines; and further, she conducted her own research regarding the vaccine’s side effects.24 In its previo…
- Hughes v. Terminix Pest Control, Inc., No. 2:22-cv-03676 (E.D. La. Aug. 7, 2023).Plaintiff alleges that her doctor could not recommend the vaccine, and that further, that she conducted her own research regarding the autoimmune side effects.23 In its previous Order and Reasons, the Court held that the inability to recei…
Show 57 more citing cases
- Moore v. Centralized Mgmt. Servs., LLC, No. 2:19-cv-01592, 2020 WL 972711 (E.D. La. Feb. 28, 2020). “Whether an impairment is substantially limiting depends on ‘(1) the nature and severity of the impairment, (2) its duration or expected duration, and (3) its permanent or expected permanent or long-term impact.’” Dupre, 242 F.3d at 614 (q…
- Dugger v. Stephen F. Austin State Univ., 232 F. Supp. 3d 938 (E.D. Tex. 2017).publishedSee, e.g., Barber v. Nabors Drilling U.S.A., Inc., 130 F.3d 702, 707 (5th Cir. 1997); Dutcher v. Ingalls Shipbuilding, 53 F.3d 723, 727 (5th Cir. 1995); Ekstrand v. Sch.
- Maria Bleak v. Providence Health Ctr., 454 F. App'x 366 (5th Cir. 2011).unpublished(The inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working.” (citation omitted))
- Spees v. James Marine, Inc., 617 F.3d 380 (6th Cir. 2010).published (holding that a plaintiff was not precluded from working in a class of jobs where an arm injury restricted her from performing any climbing while welding, but did not prevent her from welding in general)
- Kemp v. Holder, 610 F.3d 231 (5th Cir. 2010).published “[t]he inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working”
- Matthews v. City of Houston Fire Dep't, 609 F. Supp. 2d 631 (S.D. Tex. 2009).publishedDutcher v. Ingalls Shipbuilding, 53 F.3d 723, 727 (5th Cir.1995) (citing 29 C.F.R. § 1630.2 (j)(3)(i)).
- Equal Emp. Opportunity Comm'n v. Heartway Corp., 466 F.3d 1156 (10th Cir. 2006).publishedWithout implying that we endorse all of the following holdings, we note that other circuits have indicated that, e.g., truck driving, DePaoli v. Abbott Labs., 140 F.3d 668, 673 (7th Cir.1998), "assembly line jobs,” see id., "manufacturing…
- Miller v. BellSouth Bus Sys, No. 99-30748 (5th Cir. Mar. 20, 2000).unpublished
- Dupré v. Harris Cnty. Hosp. Dist., 8 F. Supp. 2d 908 (S.D. Tex. 1998).published
- Waldrip v. Gen. Elec. Co., 325 F.3d 652 (5th Cir. 2003).published
- Popko v. Pennsylvania State Univ., 994 F. Supp. 293 (M.D. Penn. 1998).published
- Panzullo v. Modell's Pa., Inc., 968 F. Supp. 1022 (E.D. Pa. 1997).published
- Bennett v. Calabrian Chemicals Corp., 324 F. Supp. 2d 815 (E.D. Tex. 2004).published
- Zarzycki v. United Tech. Corp., 30 F. Supp. 2d 283 (D. Conn. 1998).published
- Eber v. Harris Cnty. Hosp. Dist., 130 F. Supp. 2d 847 (S.D. Tex. 2001).published
- Landry v. United Scaffolding, Inc., 337 F. Supp. 2d 808 (M.D. La. 2004).published
- Spinks v. TruGreen Landcare, L.L.C., 322 F. Supp. 2d 784 (S.D. Tex. 2004).published
- Foreman v. Babcock & Wilcox Co., 117 F.3d 800 (5th Cir. 1997).published
- Shannon v. Henderson, No. 01-10346, 2001 WL 1223633 (5th Cir. Sept. 26, 2001).unpublished
- Collins v. Saia Motor Freight Lines, Inc., 144 F. App'x 368 (5th Cir. 2005).unpublished
- Curl v. United Supermarkets, 179 F. App'x 208 (5th Cir. 2006).unpublished
- Swain v. Hillsborough Cnty. Sch. Bd., 146 F.3d 855 (11th Cir. 1998).published
- MacDonald v. Delta Air Lines, Inc., 94 F.3d 1437 (10th Cir. 1996).published
- Gregory P. Burgard v. Super Valu Holdings, Inc., Also Known as Wetterau, Inc., Doing Bus. as Ohio Cubco, Inc., a Missouri Corp., 113 F.3d 1245 (10th Cir. 1997).published
- Sutton v. United Air Lines, Inc., 130 F.3d 893 (10th Cir. 1997).published
- Quint v. A E Staley, No. 98-1300 (1st Cir. Mar. 15, 1999).published
- Pamela McKay v. Toyota Motor Mfg., U.S.A., Inc., 110 F.3d 369 (6th Cir. 1997).published
- Barbara Davidson v. Midelfort Clinic, Ltd., 133 F.3d 499 (7th Cir. 1998).published
- Jacquelyn M. Quint v. A.E. Staley Mfg. Co., Jacquelyn M. Quint v. A.E. Staley Mfg. Co., 172 F.3d 1 (1st Cir. 1999).published
- Jocelyn Broussard v. Univ. of California, at Berkeley, Off. of Lab'y Animal Care, 192 F.3d 1252 (9th Cir. 1999).published
- Richardson v. First Citizens Bank, No. 97-1242 (4th Cir. June 3, 1998).unpublished
- Weaver v. New Mexico Human Servs. Dep't, 1997-NMSC-039, 945 P.2d 70.published
- Dotson v. Electro-Wire Prods., Inc., 890 F. Supp. 982 (D. Kan. 1995).published
- Schluter v. Indus. Coils, Inc., 928 F. Supp. 1437 (W.D. Wis. 1996).published
- Soileau v. Guilford of Maine, Inc., 928 F. Supp. 37 (D. Me. 1996).published
- Lindloff v. Schenectady Int'l, 972 F. Supp. 393 (S.D. Tex. 1997).published
- Azubuike v. Fiesta Mart, Inc., 970 S.W.2d 60 (Tex. App.—Houston [14th Dist.] 1998).published
- Lowry v. Cabletron Sys., Inc., 973 F. Supp. 77 (D.N.H. 1997).published
- Primeaux v. Conoco, Inc., 961 S.W.2d 401 (Tex. App.—Houston [1st Dist.] 1997).published
- Lee v. Trs. of Dartmouth Coll., 958 F. Supp. 37 (D.N.H. 1997).published
- O'Neal v. Atlanta Gas & Light Co., 968 F. Supp. 721 (S.D. Ga. 1997).published
- Freund v. Lockheed Missiles & Space Co., Inc., 930 F. Supp. 613 (S.D. Ga. 1996).published
- Kim v. Potter, 460 F. Supp. 2d 1194 (D. Haw. 2006).published
- Equal Emp. Comm'n v. Burlington N. & Santa Fe Ry. Co., 406 F. Supp. 2d 1228 (W.D. Okla. 2005).published
- Rayha v. United Parcel Serv., Inc., 940 F. Supp. 1066 (S.D. Tex. 1996).published
- Garza v. Abbott Labs., 940 F. Supp. 1227 (N.D. Ill. 1996).published
- Howell v. Sam's Club 8160/wal-mart, 959 F. Supp. 260 (E.D. Pa. 1997).published
- Charbonneau v. Gorczyk, 2003 VT 105, 838 A.2d 117.published
- Wheaton v. Ogden Newspapers, Inc., 66 F. Supp. 2d 1053 (N.D. Iowa 1999).published
- Webner v. Titan Distrib., Inc., 101 F. Supp. 2d 1215 (N.D. Iowa 2000).published
- Equal Emp. Opportunity Comm'n v. Exxon Corp., 124 F. Supp. 2d 987 (N.D. Tex. 2000).published
- Layser v. Morrison, 935 F. Supp. 562 (E.D. Pa. 1995).published
- the City of Alamo v. Espinosa, Arturo, No. 13-99-00704-CV (Tex. App.—Corpus Christi Aug. 31, 2001).published
- Ramos v. Toperbee Corp., 241 F. Supp. 3d 305 (D.P.R. 2017).published
- Lee v. Dartmouth-Hitchcock, No. CV-94-521-SD (D.N.H. Jan. 7, 1997).published
- Lowry v. Cabletron, No. CV-96-452-SD (D.N.H. May 28, 1997).published
- Lottinger v. Shell Oil Co., 143 F. Supp. 2d 743 (S.D. Tex. 2001).published
At page 725 Reviewing summary judgment on disability discrimination claims51 citing cases“[f]act questions are viewed in the light most favorable to the nonmovant and questions of law are reviewed de novo”
- Turco v. Hoechst Celanese Chem. Grp., Inc., 906 F. Supp. 1120 (S.D. Tex. 1995).published But cf. Butcher, supra, 53 F.3d 723 at 726 (finding that plaintiff, who suffered a permanent injury to her arm, could perform the “normal activities of daily living” listed above).
- Hector Henry v. Cont'l Airlines, 415 F. App'x 537 (5th Cir. 2011).unpublishedDist., 581 F.3d 244, 247 (5th Cir.2009) (citing Dutcher v. Ingalls Shipbuilding, 53 F.3d 723, 725 (5th Cir.1995)).
- Alleman v. Louisiana, Dep't of Econ. Dev., 698 F. Supp. 2d 644 (M.D. La. 2010).publishedJenkins, supra, citing, Dutcher v. Ingalls Shipbuilding, 53 F.3d 723, 725, n. 7 (5th Cir.1995).
- Cindy Bouvier v. Northrup Grumman Ship Sys., 350 F. App'x 917 (5th Cir. 2009).unpublishedMcIntosh v. Partridge, 540 F.3d 315, 319 (5th Cir.2008) (citing Dutcher v. Ingalls Shipbuilding, 53 F.3d 723, 725 (5th Cir.1995)).
- Stewart v. Mississippi Transp. Comm'n, 586 F.3d 321 (5th Cir. 2009).published “[f]act questions are viewed in the light most favorable to the nonmovant and questions of law are reviewed de novo”
- Floyd v. Amite Cnty. Sch. Dist., 581 F.3d 244 (5th Cir. 2009).publishedDutcher v. Ingalls Shipbuilding, 53 F.3d 723, 725 (5th Cir.1995).
- Von Friewalbe v. Boeing Aerospace Operations, Inc., 339 F. App'x 448 (5th Cir. 2009).unpublishedHowever, plaintiffs later amended their complaint and abandoned this claim, purportedly in response to an Opinion Letter issued by the Department of Labor finding that the 9/80 work schedule did not violate the FLSA’s overtime provisions.…
- McIntosh v. Partridge, 540 F.3d 315 (5th Cir. 2008).publishedDutcher v. Ingalls Shipbuilding, 53 F.3d 723, 725 (5th Cir.1995). *320 Summary judgment is appropriate when no disputed issue of material fact exists and the movant is entitled to a judgment as a matter of law.
- Jenkins v. Cleco Power, 487 F.3d 309 (5th Cir. 2007).published“major life activities could include lifting, reaching, sitting, or standing”
- Smith v. Quintiles Transnational Corp., 509 F. Supp. 2d 1193 (M.D. Fla. 2007).publishedDutcher v. Ingalls Shipbuilding, 53 F.3d 723, 725-26 (5th Cir.1995); see also Swain v. Hillsborough County School Bd., 146 F.3d 855, 858 (11th Cir.1998) (a plaintiff “must provide some evidence beyond the mere existence and impact of a phy…
Show 39 more citing cases
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- Phyllis Ellison v. Software Spectrum, Inc., 85 F.3d 187 (5th Cir. 1996).published
- Paulsen v. Beyond Inc, No. 95-40107 (5th Cir. July 9, 1996).unpublished
- Deas v. River West, L.P., 152 F.3d 471 (5th Cir. 1998).published
- Bickham Lincoln-Mer v. United States, No. 97-31038 (5th Cir. Feb. 26, 1999).published
- Stearns Airport Equip. Co. v. FMC Corp., 170 F.3d 518 (5th Cir. 1999).published
- Stearns Airport Equi v. FMC Corp., No. 97-10781 (5th Cir. Apr. 7, 1999).published
- Bauer v. Albemarle Corp, No. 97-30595 (5th Cir. Mar. 29, 1999).published
- W. All. Ins. v. N. Ins., 176 F.3d 825 (5th Cir. 1999).published
- Cardinal Towing & Auto Repair, Inc. v. City of Bedford, 180 F.3d 686 (5th Cir. 1999).published
- Merritt v. Boise Cascade Corp, No. 98-30899 (5th Cir. Dec. 20, 1999).unpublished
- Chen v. City of Houston, 206 F.3d 502 (5th Cir. 2000).published
- Day v. Earthgrains Co., No. 99-40915 (5th Cir. Mar. 2, 2000).unpublished
- Brown v. Bunge Corp., 207 F.3d 776 (5th Cir. 2000).published
- Miller v. BellSouth Bus Sys, No. 99-30748 (5th Cir. Mar. 20, 2000).unpublished
- Lady v. Neal Glaser Marine, Inc., 228 F.3d 598 (5th Cir. 2000).published
- Texaco Inc. v. Duhé, 274 F.3d 911 (5th Cir. 2001).published
- Villarreal v. The Mundy Companies, No. 03-41476 (5th Cir. Apr. 29, 2004).unpublished
- Gordon v. E.L. Hamm & Assocs., Inc., 100 F.3d 907 (11th Cir. 1996).published
- Farley v. Nationwide Mut. Ins., 197 F.3d 1322 (11th Cir. 1999).published
- Farley v. Nationwide Mut. Ins., 197 F.3d 1322 (11th Cir. 1999).published
- Bickham Lincoln-Mercury Inc. v. United States, 168 F.3d 790 (5th Cir. 1999).published
- Beverly BAUER, Plaintiff-Appellant, v. ALBEMARLE Corp., Defendant-Appellee, 169 F.3d 962 (5th Cir. 1999).published
- Ingles v. Neiman Marcus Grp., 974 F. Supp. 996 (S.D. Tex. 1997).published
- Gerdes v. Swift-Eckrich, Inc., 949 F. Supp. 1386 (N.D. Iowa 1996).published
- Nedder v. Rivier Coll., 908 F. Supp. 66 (D.N.H. 1995).published
- Valentine v. Am. Home Shield Corp., 939 F. Supp. 1376 (N.D. Iowa 1996).published
- Leslie v. Ingalls Shipbuilding, Inc., 899 F. Supp. 1578 (S.D. Miss. 1995).published
- Amato v. St. Luke's Episcopal Hosp., 987 F. Supp. 523 (S.D. Tex. 1997).published
- Sicard v. City of Sioux City, 950 F. Supp. 1420 (N.D. Iowa 1996).published
- Armstrong v. Turner Indus., Ltd., 950 F. Supp. 162 (M.D. La. 1996).published
- Muller v. Hotsy Corp., 917 F. Supp. 1389 (N.D. Iowa 1996).published
- Loeckle v. State Farm Auto. Ins., 59 F. Supp. 2d 838 (N.D. Iowa 1999).published
- Story v. Sunshine Foliage World, Inc., 120 F. Supp. 2d 1027 (M.D. Fla. 2000).published
- Washington v. Occidental Chem. Corp., 24 F. Supp. 2d 713 (S.D. Tex. 1998).published
- Dupré v. Harris Cnty. Hosp. Dist., 8 F. Supp. 2d 908 (S.D. Tex. 1998).published
- Santiago Clemente v. Exec. Airlines, 7 F. Supp. 2d 114 (D.P.R. 1998).published
- Ketcher v. Wal-Mart Stores, Inc., 122 F. Supp. 2d 747 (S.D. Tex. 2000).published
- Jackson v. Jackson Cnty., 956 F. Supp. 1294 (S.D. Miss. 1995).published
At page 728 Determining whether employer regarded employee as disabled4 citing casesnoting that an employee did not offer any evidence that her employer perceived her as being unable to work in the class of jobs as a welder
- Turco v. Hoechst Celanese Chem. Grp., Inc., 906 F. Supp. 1120 (S.D. Tex. 1995).published But cf. Butcher, supra, 53 F.3d 723 at 726 (finding that plaintiff, who suffered a permanent injury to her arm, could perform the “normal activities of daily living” listed above).
- Zarzycki v. United Tech. Corp., 30 F. Supp. 2d 283 (D. Conn. 1998).published
- Jerina v. Richardson Auto., Inc., 960 F. Supp. 106 (N.D. Tex. 1997).published
- Garrett v. Autozone, Inc., 71 F. Supp. 2d 617 (E.D. Tex. 1999).published
At page 724 Defining major life activity under the Rehabilitation Act4 citing cases“(A) a physical or mental impairment that substantially limits one or more of the major life activities of the individual; (B) a record of such impairment; or (C) being regarded as having such impairment”
- Jenkins v. Amedisys Holdings LLC, No. 4:22-cv-01021 (N.D. Tex. Apr. 13, 2023).“(A) a physical or mental impairment that substantially limits one or more of the major life activities of the individual; (B) a record of such impairment; or (C) being regarded as having such impairment”
- Williams v. Channel Master Satellite Sys., Inc., 101 F.3d 346 (4th Cir. 1996).published
- Melvin Burns v. Coca-Cola Enter., Inc. Knoxville Coca-Cola Bottling Co., Inc., 222 F.3d 247 (6th Cir. 2000).published
v.
INGALLS SHIPBUILDING, Defendant-Appellee
Tamela J. Dutcher appeals an adverse summary judgment in her suit against her former employer, Ingalls Shipbuilding, Inc., for discrimination under the Americans with Disabilities Act. [1] We affirm.
Background
On November 27, 1989 Dutcher sustained serious injury to her right arm in a gun accident. After extensive repair surgery, Dutcher began training as a welder, hoping[*725] thereby to prevent deterioration in the use of her arm. In July of 1991 she completed welding school and was hired by Ingalls.
Ingalls initially assigned Dutcher to the “bay area,” a job requiring welders to climb as much as 40 feet to reach their work. On her second day of work Dutcher requested a transfer to the fab shop, an assignment involving little or no climbing, because of difficulties she experienced due to the injury to her arm. The request was denied because she had insufficient seniority to transfer to a fab shop position.
During the following month Dutcher worked in the bay area without any time off because of problems with her arm. At the end of that month, however, she secured a transfer to the fab shop because of her father’s influence with the welding superintendent. She worked as a welder in the fab shop, or similar assignments, until laid off as part of a large-scale reduction in force in May 1992.
Ingalls recalled Dutcher on September 8, 1992 at which time she was told to report to the infirmary for a pre-employment physical. She advised the examining doctor that the condition of her arm prevented her from climbing and that she needed a job which did not require such. The doctor gave Dutcher the requested job restriction. Ingalls then advised Dutcher that it could not then employ her in light of the job restriction.
Dutcher contacted Ingalls’ labor relations office which asked her to provide a current medical report on her arm. Five weeks later she returned with the requested information. Ingalls asked for an explanation of the delay and while reviewing the proffered reasons experienced another reduction in force resulting in every welder in Dutcher’s job classification being laid off.
On June 21, 1993 Dutcher filed the instant action, asserting that Ingalls violated the ADA by refusing reinstatement in September of 1992 to her job in the fab area. The district court entered summary judgment in favor of Ingalls, finding that the impairment of Dutcher’s arm did not qualify as a “disability” under the ADA. Dutcher timely appealed.
Analysis
We review a grant of summary judgment applying the same standard as the district court. [2] Summary judgment is proper when no issue of material fact exists and the moving party is entitled to judgment as a matter of law. Fact questions are viewed in the light most favorable to the nonmovant and questions of law are reviewed de novo.
Dutcher contends that the district court erred when it concluded that she does not have an ADA-qualified disability. She maintains that when the summary judgment evidence on the extent of her disability is viewed in the most favorable light that there is a genuine issue of material fact whether her injured arm qualifies as a disability.
The ADA prohibits discrimination “against a qualified individual with a disability because of the disability of such individual in regard to job application .procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.” [3] The term “disability” as used in the ADA means:
(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment. [4]
The ADA restricts the meaning of impairment; the parties, however, do not dispute that Dutcher’s gun accident left her with a permanent impairment within the meaning of[*726] the statute. [5] Duteher, however, misconstrues the significance of this finding. A physical impairment, standing alone, is not necessarily a disability as contemplated by the ADA. The statute requires an impairment that substantially limits one or more of the major life activities.
The ADA defines neither “substantial limits” nor “major life activities,” but the regulations promulgated by the EEOC under the ADA provide significant guidance. These regulations adopt the same definition of major life activities as used in the Rehabilitation Act. [6] “Major life activities means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” [7] Whether an impairment substantially limits [8] a major life activity is determined in light of (1) the nature and severity of the impairment, (2) its duration or expected duration, and (3) its permanent or expected permanent or long-term impact. [9]
We first examine whether Dutcher’s impairment substantially limits a major life activity other than working. [10] Despite assertions to the contrary, both her deposition testimony and that of her physician inform that Duteher can “take care of the normal activities of daily living.” It is undisputed that she can feed herself, drive a car, attend her grooming, carry groceries, wash dishes, vacuum, and pick up trash with her impaired hand. In her deposition testimony Duteher admits that she has trained herself to do “everything ... [she is] supposed to do” and that she can do “all of the basic things” she needs to do in life with her arm. Her medical expert testified that Duteher can do lifting and reaching as long as she avoids heavy lifting and repetitive rotational movements. While her medical expert offered the opinion that her arm is impaired, this fact, as we noted above, is not disputed. More relevant to today’s inquiry is that there was no evidence offered on which a jury could find that this impairment substantially limited a major life activity. [11]
Having concluded that Duteher failed to present summary judgment evidence of a substantial limitation on a major life activity other than working, we turn to[*727] her strongest argument: Ingalls’ actions demonstrate that her impairment affects the major life activity of working. With regard to the activity of working:
[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. [12]
Dutcher presents no evidence that her disability prevents her from performing an entire class of jobs. [13] Her experience in the fab shop prior to her first layoff demonstrates that she can work as a welder; her injured arm adversely affects only the functioning in a welding position requiring substantial climbing. As we noted in Chandler, 14 the inability to perform one aspect of a job while retaining the ability to perform the work in general does not amount to substantial limitation of the activity of working. [15] “An impairment that affects only a narrow range of jobs can be regarded either as not reaching a major life activity or as not substantially limiting one.” [16] Thus, we conclude that Dutcher failed to provide summary judgment evidence that her impairment substantially limited a major life activity.
Dutcher also fails to raise a genuine question of fact about whether she has a disability under the ADA because she has a record of an impairment that substantially limits a major life activity. [17] There is no summary judgment evidence of such; similarly, there is no evidence that she had a “history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.” [18]
Dutcher might have qualified as disabled under the ADA if she could have provided sufficient summary judgment evidence that she was regarded by Ingalls as having an impairment that substantially limited a major life activity, whether she actually had such an impairment or not. [19] The uncontroverted[*728] facts, however, are that Ingalls continued to employ, her as a non-climbing welder after her initial transfer out of the bay area — the transfer which she claims put them on notice of her impairment. Dutcher concedes in her brief that Ingalls denied her a position solely because she could not climb; she does not suggest that she was denied a welding job because of a belief that her impaired arm would prevent her from performing adequately the welding function. [20]
Moreover, Dutcher offers no summary judgment evidence to controvert Ingalls’ evidence that no non-climbing welding positions were available when she was denied reinstatement. Accordingly, the district court properly found that Ingalls did not deny Dutcher any available welding position on the basis of her impairment. We perforce conclude that, on these facts, a jury could not find that Ingalls regarded Dutcher as having a disability as contemplated by the ADA.
The judgment appealed is AFFIRMED.
. 42 U.S.C. §§ 12101-12213 (Supp. Ill 1991).
. Armstrong v. City of Dallas, 997 F.2d 62 (5th Cir.1993).
. 42 U.S.C. § 12112(a).
. 42 U.S.C. § 12102(2). We note that this definition of “disability” is substantially equivalent to that in the Rehabilitation Act, 29 U.S.C. §§ 701-797 (1988, Supp. III 1991 & Supp. V 1993). See Chandler v. City of Dallas, 2 F.3d 1385, 1391 n. 18 (5th Cir.1993), cert. denied, — U.S.-, 114 S.Ct. 1386, 128 L.Ed.2d 61 (1994).
. A physical or mental impairment is defined as:
(1) Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinaiy, hemic and lymphatic, skin, and endocrine; or
(2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
29 C.F.R. § 1630.2(h)(1), (2).
. Bolton v. Scrivner, Inc., 36 F.3d 939 (10th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 1104, 130 L.Ed.2d 1071 (1995); see Chandler.
. 29 C.F.R. § 1630.2(f). This listing, however, is not intended to be exhaustive. Other major life activities could include lifting, reaching, sitting, or standing. 29 C.F.R. § 1630, Appendix to Part 1630 — Interpretive Guidance on Title I of the Americans with Disabilities Act, § 1630.2(1).
. To substantially limit means:
(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 the same major life activity.
29 C.F.R. § 1630.2(j)(l)(i), (ii).
. 29 C.F.R. § 1630, App., § 1630.2(j).
. 42 U.S.C. § 12102(2)(A); 29 C.F.R. § 1630, App., § 1630.2(j) ("If an individual is not substantially limited with respect to any other major life activity, the individual’s ability to perform the major life activity of working should be considered. If an individual is substantially limited in any other major life activity, no determination should be made as to whether the individual is substantially limited in working.”).
. Duteher contends that her deposition also set forth that she has difficulty picking up little things from the floor, that she has trouble holding things up high or real tight for long periods of time, and that she sometimes has problems turning the car's ignition. We are persuaded that a jury could not find that her impairment substantially limits major life activities on this basis. Cf. Coghlan v. H.J. Heinz Co., 851 F.Supp. 808 (N.D.Tex.1994) (denying summary judgment in light of evidence that impairment affected eating and sleeping).
. 29 C.F.R. § 1630.2(j)(3)(i).
. We note that three additional factors can be considered when determining whether an impairment substantially limits the major life activity of working. Those are:
(A) The geographical area to which the individual has reasonable access;
(B) 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 (class of jobs); and/or
(C) 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 (broad range of jobs in various classes).
29 C.F.R. § 1630.2(j)(3)(ii)(A)-(C). Dutcher provided no such evidence in opposing Ingalls’ summary judgment motion.
. That Chandler construed provisions of the Rehabilitative Act is of no moment; the substantial equivalency of the definition of disability under the Rehabilitation Act and the ADA strongly suggests that prior constructions of the Rehabilitation Act should be generally applicable in con-straing the ADA definition of "disability.” See Bolton, 36 F.3d at 943 (“The legislative history of the ADA indicates that 'Congress intended that the relevant caselaw developed under the Rehabilitation Act be generally applicable to the term “disability” as used in the ADA.'") (quoting 29 C.F.R. § 1630, App., § 1630.2(g) (citing legislative history) (citations omitted)).
. Chandler (citing with approval Elstner v. Southwestern Bell Tel. Co., 659 F.Supp. 1328 (S.D.Tex.1987), affd, 863 F.2d 881 (5th Cir.1988) (unpublished), where court held that service technician with impaired knee that prevented him from climbing utility poles was neither handicapped nor regarded as such within the meaning of the Rehabilitation Act because he could still perform work that did not require climbing).
. Jasany v. United States Postal Service, 755 F.2d 1244, 1249 n. 3 (6th Cir.1985) (interpreting Rehabilitation Act).
. 42 U.S.C. § 12102(2)(B).
. 29 C.F.R. § 1630.2(k).
. 42 U.S.C. § 12102(2)(C). "Regarded as having such an impairment” means that the individual:
(1) Has a physical or mental impairment that does not substantially limit major life activ[*728] ities but is treated by a covered entity as constituting such limitation;
(2) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or
(3) Has none of the impairments defined in ... [29 C.F.R. § 1630.2(h)] but is treated by a covered entity as having a substantially limiting impairment.
29 C.F.R. § 1630.2(Z)(l)-(3).
. See Forrisi v. Bowen, 794 F.2d 931, 935 (4th Cir.1986) ("The statutory reference [in the Rehabilitation Act] 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.”).