Human Resources

ADA:  Is the Inability to Get Along with Others a Major Life Activity?

Do you consider the ability to interact or get along with others to be a “major life activity" within the meaning of ADA?  If you said no, you disagree with the (New York) U.S. District Court, who found in favor of the plaintiff in Audrey Jacques vs. DiMarzio, Inc. 

Jacques worked for DiMarzio from 1989 until 1996, when she was terminated for her "confrontational and irrational behavior with her supervisor" and her "incessant conflict with her fellow employees."  After failing in her complaints to the National Labor Relations Board  and the New York State Division of Human Rights, Jacques turned to the EEOC, alleging violations of the Americans with Disabilities Act.   

According to her psychiatrist, she had suffered from Bipolar II Disorder and Major Depressive Disorder since her teens and her mental disorders produce "a chronic pattern of unpredictable mood episodes and fluctuating unreliable interpersonal and/or occupational functioning."   

The Court agreed that the ability to "interact with others" is a major life activity, saying "Interacting with others is an essential, regular function, like walking and breathing; it falls easily within the definition of  'major life activity’.”  The Court did, however, embrace the Ninth Circuit Court’s standard that mere trouble getting along with coworkers is not sufficient to show a substantial limitation.  In order to demonstrate that a plaintiff's major life activity of interacting with others was substantially affected, "a plaintiff must show that his relations with others were characterized on a regular basis by severe problems, such as consistently high levels of hostility, social withdrawal, or failure to communicate when necessary.“ 

This column is intended only to provide information and does not constitute advice.  Please contact your attorney or other qualified professional for legal advice regarding your employment, benefits, and payroll issues.