Sam Duty v. Norton-Alcoa Proppants

I concur with the majority opinion herein. However, I feel compelled to provide further comment on one issue in the case: the major life activity of working.5

Although the majority’s opinion correctly states and applies the law as it currently stands, I remain concerned that the EEOC regulations defining the “major life activity of working” have expanded the Americans with Disabilities Act (“ADA”) protections beyond the intent or expectations of Congress. Mr. Duty established his Arkansas Civil Rights Act (“ACRA”) claim by asserting that his disability substantially limits his ability to…