![]() ![]() In Cody, we found that an employee who was offered paid medical leave and required to see a psychologist before returning to work was not regarded by her employer as having a substantially limiting impairment. The evidence that Taylor cites in support of this proposition does not demonstrate that Nimock considered Taylor to be disabled and unable to work. The ADA regulation pertaining to whether Nimock regarded Taylor as disabled requires that Taylor have an impairment that "does not substantially limit major life activities but is treated by a covered entity as constituting such limitation." 29 C.F.R. 1997) (inability to perform sustained repetitive action with either hand and heavy lifting not enough to show issue of fact about substantial limitation in life activity of work). 1996) (lifting restriction of 25 pounds not sufficient to demonstrate plaintiff was unable to perform a class of jobs) Helfter v. Accordingly, we conclude that Taylor has presented no evidence to create a genuine issue of material fact about whether she could perform a class of jobs with her restrictions. Taylor has not shown that working 40 hours a week and lifting no more than 10 pounds limits her employment opportunities in her geographical area. § 1630.2(j) (2) that cut against a finding of substantial limitation. Taylor's restrictions were applicable to her only while she was recovering and lasted only a few months, relevant factors under 29 C.F.R. 1999) ("We find it hard to say that being limited to a 40- to 50-hour work week substantially limits one's ability to work."). Although overtime hours may be the normal practice for many jobs, we conclude that Taylor's limitations on working were not substantially limiting within the meaning of the ADA. Second, during the time period of January to March of 1996, Taylor was limited in the life activity of working only to the extent of her restrictions, which were that she could work only 40 hours per week and lift no more than 10 pounds. § 1630.2(i), as well as sitting, standing, lifting, and reaching. Major life activities include caring for oneself, performing manual tasks, walking, seeing, hearing, breathing, learning, and working, 29 C.F.R. According to the regulations that guide the interpretation of the ADA, an impairment is "substantially limiting" if it renders an individual unable to perform a major life activity that the average person in the general population can perform, or if it significantly restricts the condition, manner, or duration under which an individual can perform such an activity compared to the general population. Under the ADA, disability is defined as: "(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual (B) a record of such impairment or (C) being regarded as having such an impairment." 42 U.S.C. Taylor continued treatment for her heart disease, and she will likely always require medication for it. Hudspeth suggested to Taylor that she return when she had a full release to return to work, and he wrote for Taylor a note that she used to obtain unemployment benefits. Hudspeth also later contacted Taylor's doctor's office about the release note and was of the opinion that what the nurse described as Taylor's restrictions were not what Taylor had said they were, although he did not immediately tell Taylor about this conversation. Taylor, however, would not do head cashier work, explaining that her doctor had said that she could "run the register only." Hudspeth told her that there were no positions available at that time that met that description. act as head cashier), there were no regular cashier positions available. Although that store needed someone who would be able run the store (i.e. On January 2 or 3, 1996, Taylor stopped in at the store to discuss the work schedule with her supervisor, Brad Hudspeth.
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