Sexual Relations Was Major Life Activity
Adams sued the employer for violation of the Rehabilitation Act (RA) alleging employment discrimination based on her "record of" a disability. The trial court granted summary judgment in favor of the employer. The DC Circuit reversed.
After passing the foreign service exam and the medical exam, Adams developed breast cancer, was treated surgically followed with tamoxifen pills and check ups, was declared cancer free by her treating physician, but was denied appointment based on her medical condition. The court stated that in order to establish a "record of" disability Adams must show (1) a history of mental or physical impairment, (2) the impairment limited an activity qualifying as a major life activity (in this case sexual relations), and (3) the limitation was substantial. The court found (without employer opposition) that breast cancer was an impairment. Based on the statute's text, the Supreme Court's reasoning in Bragdon v. Abbott, 524 US 624 (1998), and a hefty dose of common sense, the court held that engaging in sexual relations qualified as a major life activity under the RA. Noting that the employer did not challenge Adams's assertion that she was substantially limited in her ability to engage in sexual relations, the court concluded that the employer conceded, at least for summary judgment purposes, that Adams's claimed impairment did substantially limit her in a major life activity. The court stated that the RA was a remedial statute designed in no small part to protect cancer patients from employment discrimination which should not be interpreted to exclude cancer patients who experienced few limitations on their life activities until they began the often grueling process of surgery, radiation, and/or chemotherapy.
The DISSENT argued that while Adams had an impairment (breast cancer), she offered no evidence that her impairment substantially limited her in a major life activity at any time before the alleged discriminatory acts occurred.
Adams v. Rice
The D.C. Circuit Court of Appeals’ jurisdiction includes federal administrative agencies and the Tax Court.
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