Working

Americans with Disabilities Act (ADA) plaintiffs can argue that they have substantial limitations in one or more major life activities. The major life activity of “working” is considered to be the major life activity of “last resort.” Plaintiffs who argue that they have an impairment that affects their ability to work must show that their impairment limits their ability to work in a “broad range” of jobs, rather than in just one job or class of jobs. Courts usually require plaintiffs to submit detailed evidence (usually from a vocational rehabilitation agency) of their ability to do certain types of jobs that are available in the community. Plaintiffs who argue a limitation in “working” usually are not able to prove that they meet the ADA definition of disability.