Does an employer have a substantial limitation on the ability of an employee to perform certain types of work in certain geographical areas?

MultiRegion, United States of America

The following excerpt is from Lock v. Grape Expectations, Inc., 2 F.3d 1157 (9th Cir. 1993):

Finally, in Miller v. AT & T Network Systems, 722 F.Supp. 633 (D.Or.1989), the court considered the "perceived handicap" claim of an employee who performed electrical installation work but who could not work in certain geographical areas because of his hypersensitivity to heat. The court found that "[a]n employer does not necessarily regard an employee as handicapped simply by finding that the employee is incapable of satisfying the singular demands of a particular job." Id. at 640. To qualify as a substantial limitation, the employer must regard the employee's impairment as "foreclos[ing] generally the type of employment involved." Id.

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