Driving Is Not A "Major Life Activity" Under The Americans With Disabilities Act
WINSLEY v. COOK COUNTY (April 22, 2009)
Marsalette Winsley, an African-American woman, worked for the Cook County Department of Public Health. In December 2003, she was a Family Case Manager, which required her to drive to her clients' homes. In early 2004, she was injured in a car accident. After a leave of absence, she was approved to return to work part-time, conditioned on minimal driving. For more than three years, the County attempted to accommodate her limitations, assigning and reassigning her to different tasks at different locations. Winsley took several more leaves of absence during that time. Her supervisors evaluated her poorly during those years for her problems with attendance and timeliness. Eventually, in May of 2007, Winsley's supervisor asked for improvement in her timeliness and absenteeism rates. Winsley quit her job without notice and never returned. She filed an action alleging that the County violated the Americans with Disabilities Act ("ADA") and Title VII and engaged in retaliation. The district court granted summary judgment to the County on all counts. Winsley appeals.
In their opinion, Judges Bauer, Ripple and Wood affirmed. The Court stated that the ADA requires that the claimant have a disability - defined as "a physical or mental impairment that substantially limits one or more major life activities." Although the statute does not contain a definition of "major life activity," an EEOC regulation does. The Court noted that driving, Winsley’s only potential impairment, is neither on the list nor does it share much in common with the items on the list (e.g., walking, seeing, hearing, breathing, etc.). The Court therefore concluded that driving did not qualify as a major life activity. The Court recognized that Winsley's inability to drive could impair a different major life activity (e.g., working), but concluded that she did not meet her burden of establishing a genuine issue of material fact on that claim. Therefore, her ADA claim failed. With respect to her Title VII claim, the Court concluded that she failed to meet her burden for several reasons: a) her only direct proof were her own bare assertions, b) she was unable to identify a similarly situated employee, and c) she was unable to rebut the County’s evidence that she was not meeting its legitimate expectations. Finally, with respect to her retaliation claim, the Court concluded that her evidence fell far short of the "hostile and abusive working environment" standard.
Michael Rigney practices in the law offices of GVC Ltd. in Chicago. In this blog, he reports on select