I'm So Lonesome I Could Cry... But Could I Sue?: Whether 'Interacting With Others' Is a Major Life Activity Under the ADA

Abstract

This Comment will address the controversial, evolved, and continually growing issue of what exactly the scope of employment protection under the ADA is, as set forth by Congress, regulated by the Equal Employment Opportunity Commission ("EEOC"), and interpreted by the federal courts.

Specifically, this Comment will consider whether "interacting with others" is properly regarded as a major life activity under the ADA, such that an impairment, which prevents an employee from being able to interact or get along with others, is properly included in the definition of "disability." Or does the classification of such an individual as disabled belong in the category of "perverse and unintended results," as forecasted by Representative Dannemeyer? And if the inability to interact with others is deserving of ADA protection, to what extent and in what circumstances should it be protected?

This Comment recognizes and appreciates the varying interpretations and applications of the ADA resulting from language ambiguities and gaps, and the subsequent struggle that federal courts and administrative agencies face in adjudicating ADA employment issues.

Throughout the discussion, particular attention will be paid to: 1) the history and background of the ADA and the EEOC; 2) the EEOC's legal authority to set parameters for application of the ADA; 3) the current split within the federal court system and recent Supreme Court guidance; and 4) the impact, particularly on employers, of accepting "interacting with others" as a major life activity.