United Parcel Service, U. Plaintiff has not applied for another position at the FBI, so she has only been deemed unqualified for the position of Special Agent. Plaintiff is, in fact, currently employed in the law enforcement field as a deputy sheriff.
For these reasons, because the only effect on her life from her asthma is that she cannot become an FBI Special Agent, and because that is only one job, the Court holds that she does not have a disability. The plaintiff has also argued that the FBI viewed her asthma as an disability even if it is not one.
See Plaintiff's Opposition at The inquiry with this question is whether the FBI perceived Ms. Boone's asthma as a substantial limit on "one or more of [her] major life activities.
Boone's medical records found that she was not medically qualified because "[i]n the event that an asthma attack occurred simultaneously with a personal confrontation, I believe a special agent would be impaired and therefore, not be able to defend themself [sic] or others with their usual abilities.
Joyce Deposition at The FBI expressed this concern about the possibility of Ms. Boone suffering an asthma attack simultaneously with activities that involve physical confrontation in other places in the record as well. See, e. The record establishes that the FBI was concerned that her asthma would prevent her from engaging in physical confrontations.
The remaining inquiry is whether physical confrontation is a "major life activity. Courts have determined that "major life activities" includes breathing [2] , reproduction, reading, speaking, walking, and seeing. See Reeves v. Johnson Controls World Services, Inc. Abbott, U. Penney Co. Therefore, the FBI did not view Ms. Boone as substantially impaired with respect to a major life activity. Boone does contend that she is prevented from working in "hundreds, if not thousands, of jobs" in medical fields due to her latex allergy.
Plaintiff's Opposition at However, plaintiff has not shown that her latex allergy and her asthma are the same impairment. And also pretty strict. Lopez had always been an athlete and a leader.
According to an interview with People magazine, she never let her hearing loss get in the way of what she wanted to do as an athlete. But Lopez adjusted.
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