Sexual Relations As 'Major Life Activity' Under ADA

Law360, New York (September 26, 2008, 12:00 AM EDT) -- Is sex a “major life activity”? That’s a question courts, including the U.S. Supreme Court, have grappled with since the Americans with Disabilities Act (ADA) was initially passed in 1990.

Under the ADA, in order to be "disabled" and entitled to the protections of the ADA, one needs to have "a physical or mental impairment that substantially limits a major life activity," a record of, or be regarded as having such a condition.

Decisions dealing with sexual relations as a major life activity have run the...
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