Substantial Limitation In The Major Life Activity Of "Learning" Is Determined Via Comparison To An "Average Person In The General Population"
In this non-employment case, Singh sued the medical school from which she was dismissed for alleged academic deficiencies. She asserted a disability discrimination claim under Article III of the Americans with Disabilities Act (ADA), alleging that she was substantially limited in the major life activity of "learning." The DC Circuit held that the determination of whether Singh was substantially limited in that major life activity should be measured against an "average person in the general population" rather than by comparison to her medical school peers. The court rejected the analysis used in cases involving the major life activity of "working," where comparison is made to "the average person having comparable training, skills, and abilities" in the ability to "perform a class of jobs or a broad range of jobs in various classes" (set forth in 29 CFR Section 1630.2(j)(3)(i)). The court noted that the applicable regulations apply the "average person in the general population" standard to every major life activity other than "working." The court ultimately remanded for reconsideration under the correct standard.
Singh v. Geo Wash Medical School
The 8th Circuit Court of Appeals’ jurisdiction includes North Dakota, South Dakota, Minnesota, Nebraska, Iowa, Missouri and Arkansas.
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