Labor & Employment Law

Driving is not a major life activity under the ADA

Marsalette Winsley sued her former employer, asserting (among other things) a disability discrimination claim under the Americans with Disabilities Act (ADA). The trial court granted summary judgment in favor of the employer.

Winsley's regular job was a public health nurse, and driving to the homes of her clients was part of the job. For medical reasons, she was unable to do any driving other than to and from work.

The 7th Circuit held that "driving" is not a major life activity under the ADA. Winsley v. Cook County (7th Cir 04/22/2009)

The court observed that the 2nd, 10th, and 11th Circuits have all arrived at the same conclusion.

The court noted that activities recognized as major life activities by the Equal Employment Opportunity Commission (EEOC) "are so important to everyday life that almost anyone would consider himself limited in a material way if he could not perform them." The court concluded, however, that "this is not the case with driving."

The court observed, "[a]lthough we hold that driving is not itself a major life activity, the inability to drive nevertheless could create a disability if it caused an impairment of a major life activity."

Full post as published by Ross' Employment Law Blog on April 24, 2009 (boomark / email).