context: Dose asserts in his brief that his physical impairments substantially limit him in the major life activity of breathing. Defendant BVU does not contest, nor can it, that breathing is a major life activity.
citation_a.signal: see also
citation_a.identifier: 213 F.3d 492, 495-96
citation_a.parenthetical: "Major life activities include such functions as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, sleeping, sitting, standing, lifting, reaching, and working."
citation_a.sentence: See Amir v. St. Louis Univ., 184 F.3d 1017, 1027 (8th Cir.1999) (“Major life activities do include functions such as ‘caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.’”) (quoting 28 C.F.R. § 36.104); Land v. Baptist Med. Ctr., 164 F.3d 423, 424 (8th Cir.1999) (holding that breathing is a major life activity within the contemplation of the ADA); see also E.E.O.C. v. United Parcel Serv., Inc., 249 F.3d 557, 562 (6th Cir.2001) (“A person is ‘disabled’ under the Act if his or her physical or mental impairment substantially limits one or more life activities, including breathing and self-care.”), cert. denied, — U.S. -, 122 S.Ct. 1203, 152 L.Ed.2d 141 (2002); Doyal v. Oklahoma Heart, Inc., 213 F.3d 492, 495-96 (10th Cir.2000) (“Major life activities include such functions as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, sleeping, sitting, standing, lifting, reaching, and working.”); Homeyer v. Stanley Tulchin Assoc., Inc., 91 F.3d 959, 961 (7th Cir.1996) (holding that plaintiffs claim that she was “disabled” because her major life activity of breathing was substantially limited by her respiratory condition would provide a basis for protection under the ADA).
citation_b.signal: see
citation_b.identifier: 164 F.3d 423, 424
citation_b.parenthetical: holding that breathing is a major life activity within the contemplation of the ADA
citation_b.sentence: See Amir v. St. Louis Univ., 184 F.3d 1017, 1027 (8th Cir.1999) (“Major life activities do include functions such as ‘caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.’”) (quoting 28 C.F.R. § 36.104); Land v. Baptist Med. Ctr., 164 F.3d 423, 424 (8th Cir.1999) (holding that breathing is a major life activity within the contemplation of the ADA); see also E.E.O.C. v. United Parcel Serv., Inc., 249 F.3d 557, 562 (6th Cir.2001) (“A person is ‘disabled’ under the Act if his or her physical or mental impairment substantially limits one or more life activities, including breathing and self-care.”), cert. denied, — U.S. -, 122 S.Ct. 1203, 152 L.Ed.2d 141 (2002); Doyal v. Oklahoma Heart, Inc., 213 F.3d 492, 495-96 (10th Cir.2000) (“Major life activities include such functions as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, sleeping, sitting, standing, lifting, reaching, and working.”); Homeyer v. Stanley Tulchin Assoc., Inc., 91 F.3d 959, 961 (7th Cir.1996) (holding that plaintiffs claim that she was “disabled” because her major life activity of breathing was substantially limited by her respiratory condition would provide a basis for protection under the ADA).