The Bazelon Center for Mental Health Law


 

 

List of Limitations on Major Life Activities

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This page lists ways in which psychiatric disabilities may limit major life activities. While not exhaustive, the list is intended to assist advocates in analyzing whether a person with a psychiatric impairment is a "person with a disability" under the ADA, as defined by the Supreme Court's rulings in the Sutton, Murphy and Kirkingburg decisions. See our discussion of the implications of these decisions and potential new directions for advocacy. The Bazelon Center created this list with the assistance of psychiatrists, psychologists, researchers, consumers and attorneys, as a tool to help advocates focus on limitations that may remain even if other limitations are controlled by medication or therapy.

A note of caution: The major life activities mentioned in the list are not necessarily ones that have been established as major life activities through case law. Persuasive arguments may be made, however, that each of the activities included on the list is a major life activity. Whether the limitations are substantial (as they must be for the person to qualify under the ADA as having a disability) will vary from one individual to another, but the list offers suggestions about what types of limitations may arise for individuals with psychiatric disabilities.

Limitations on Major Life Activities

Social/Emotional:

  • interaction with others (e.g., speech difficulties such as pressured speech, lack of clarity, withdrawal or responding with difficulty or too quickly; self absorption; inability to relate to or listen to others, including inability to relate due to paranoia, delusions, hallucinations, obsessive compulsive ideation, negativity; inability to regulate mood and anxiety; inability to maintain appropriate distance from others)
  • forming and maintaining relationships with others
  • communication with others (e.g., answering questions, following directions, using intelligible speech, recognizing and expressing emotions appropriately, expressing needs, following a sequence)

Cognitive:

  • concentration (as a major life activity itself and also resulting in limitations on other major life activities, such as interaction with others, self care)
  • making decisions
  • complex thinking (e.g., planning, reconciling perceptions from different senses (seeing and hearing), sorting relevant from irrelevant details, problem solving, changing from one task to another)
  • abstract thinking (e.g., difficulty generalizing or transferring learning from one setting to another, such as difficulty transferring skill of cooking in one kitchen to another kitchen)
  • memory (long or short term)
  • attention
  • perception
  • distinguishing real from unreal events
  • initiating and completing actions
  • processing information

Physical:

  • taking care of personal needs, such as eating, dressing, toileting, bathing, hygiene, household chores, managing money, following medication or treatment regimens, following safety precautions
  • eating (e.g., inability to regulate amounts appropriately or to maintain appropriate diet; need for strict eating schedule)
  • sleeping (e.g., inability to fall asleep, obtain restful sleep, or sleep without interruption; excessive sleeping)
  • reproduction
  • sexual activity
  • traveling

Limitations Caused by Medications

Social/Emotional:

  • interaction with others (due to agitation, flattened affect, or withdrawal caused by medication)
  • concentration
  • ability to perform daily activities

Cognitive:

  • concentration
  • thinking (e.g., slowed thought process)

Physical:

  • seeing (e.g., blurred vision)
  • reproduction (e.g., sexual dysfunction or possibility of birth defects)
  • sexual activity (e.g., sexual dysfunction)
  • writing, grasping, lifting (e.g., loss of fine motor control, uncontrolled muscle movement, or muscle rigidity)
  • speaking (e.g., slurred speech)
  • sleeping (e.g., inability to fall asleep, obtain restful sleep, or sleep without interruption; excessive sleeping)
  • eating (e.g., restrictions on types or amounts of foods or eating times due to medication regimes, or due to liver damage or high blood pressure caused by medication)
  • eliminating waste (e.g., incontinence, diarrhea, urgency or frequency of need to urinate or defecate)
  • walking/ambulation (e.g., excessive weight gain, muscle rigidity)
  • driving (e.g., drowsiness, loss of fine motor control, uncontrolled muscle movement, or muscle rigidity)
  • self care
  • working (e.g., most of limitations listed above)

Limitations on Work Activities

Social/Emotional:

  • giving directions
  • requesting clarification
  • initiating interpersonal contact
  • asking for feedback on job performance
  • responding appropriately to negative feedback
  • initiating corrective action
  • providing explanations
  • describing events
  • using intelligible speech
  • responding appropriately to supervision
  • maintaining relationships with supervisors
  • responding appropriately to supervisors
  • maintaining relationships with coworkers
  • responding appropriately to coworkers
  • adapting to a new supervisor

Cognitive:

  • understanding, remembering, carrying out directions
  • assessing own performance
  • making decisions
  • seeking information
  • exercising judgment
  • problem solving capacity (managing multiple pressures or stresses, balancing work and home life, solving routine problems that make it possible to work—e.g., getting up on time, taking public transportation, wearing appropriate clothing, doing laundry)
  • recognizing when to stop doing one task and move on to another
  • learning new tasks
  • transferring learning
  • adapting to a change in work assignment (e.g., in corporate re-organization)
  • focusing on multiple tasks simultaneously
  • screening out environmental stimuli (e.g., noise, visual distractions, etc.)
  • processing information (e.g., understanding, analyzing or synthesizing)
  • maintaining boundaries of responsibility

Physical:

  • maintaining fixed work schedule (e.g., need for flexible schedule or breaks or modified hours due to the impairment, the effects of medication, or the need for appointments to receive treatment; need for leave to receive acute treatment)
  • maintaining work pace
  • maintaining stamina throughout the work day

You will want to be extremely cautious about bringing claims based on an individual's being substantially limited in the major life activity of working. While this list includes limitations on work activities, we urge that you focus on substantial limitations on major life activities other than working, as the viability of claims based on work limitations has been severely limited by the Supreme Court's decisions.

It is important to remember that the greater the limitations in work activities, the more likely it is that the person will be found unqualified to perform the essential functions of a job. Thus, even if an individual is substantially limited in performing a broad range of jobs, it is helpful to focus instead on his limitations in other major life activities, such as eating, sleeping or reproduction or muscle impairments and speech impairments, to the extent possible.

Be cautious also about claims that an individual is substantially limited in major life activities that are strongly related to work performance for example, concentration, maintaining attention, interacting with others. As with claims that a person is limited in working, these claims pose risks that the person may be found unqualified to perform the job.

Limitations Remaining Despite Mitigating Measures

  • any of the above may recur intermittently despite medication or therapy.
  • may be at risk of any of the above occurring despite medication or therapy.
  • any of the above may be residual limitations remaining despite medication or therapy.

The list was prepared by Jennifer Mathis, jenniferm@bazelon.org.

(Posted 8/11/99)

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  Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster@bazelon.org

 
Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster@bazelon.org