Once is Enough: Evaluating When A Person is Substantially Limited in Her Ability to Work
Richard A. Bales
1993
This article examines the standard for determining when an individual is “substantially limited” in the major life activity of working under the Americans with Disabilities Act (ADA). Specifically, it critiques the prevailing judicial interpretation that focuses on whether an individual is unable to perform a broad class of jobs. The author argues that this standard is overly restrictive and inconsistent with the ADA’s broader purpose. By analyzing case law, the article proposes a refined approach that better aligns with both statutory intent and the realities of workplace discrimination, suggesting that being unable to perform a single job can, under certain circumstances, meet the threshold for being substantially limited. The author proposes the “once is enough” test should be made the standard.
Richard A. Bales, Once Is Enough: Evaluating When a Person Is Substantially Limited in Her Ability to Work, 11 Hofstra Lab. L.J. 203 (1993).
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