Legal Opinion · Dissent

BNSF Railway Co. v. Feit

Montana Supreme Court

Decided July 6, 2012No. OP 11-0463Published

1DissentJustice Morris

¶17 The United States District Court has asked us, in effect, to define “physical or mental impairment” as used in the MHRA. I agree with the Court that we must turn to federal law to guide us. Opinion, ¶ 8. Luck would have it that the EEOC-the federal commission responsible for enforcing the ADA-has created a regulatory definition that defines “physical or mental impairment.” 29 C.F.R. 1630.2(h)(1). This definition provides, in pertinent part, that “physical or mental impairment” includes “any physiological disorder, or condition” that affects a major system of the human body. 29 C.F.R.…

2Cases cited15 opinions

  1. Cook v. Rhode Island, Department of Mental Health, Retardation, & HospitalsCourt of Appeals for the First Circuit · 1993
  2. John A. Francis v. City of MeridenCourt of Appeals for the Second Circuit · 1997
  3. Torcasio v. MurrayCourt of Appeals for the Fourth Circuit · 1995
  4. Sports Shooting Ass'n v. State, Mt. Dept. of FwpMontana Supreme Court · 2008
  5. Andrews v. OhioCourt of Appeals for the Sixth Circuit · 1997

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