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Quiz of the Month

By ALM Staff | Law Journal Newsletters |
October 21, 2003

Q: Is engaging in sexual relations a major life activity in terms of the law under the ADA?

A: A judge in the Southern District of New York, in the absence of a pronouncement by the Second Circuit on the question, ruled yes, sexual relations is a major life activity. Sussle v. Sirina Protection Systems Corp., 2003 WL 21346935 (S.D.N.Y. 6/10/03). Adopting the logic of the Ninth Circuit in McAlindin v. County of San Diego, 192 F.3d 1226, 1234 (9th Cir. 1999), the court reasoned that sex plays an important role in how we define ourselves and how we perceive others, and plays a fundamental part in how we bond in intimate relations.

Q: Is engaging in sexual relations a major life activity in terms of the law under the ADA?

A: A judge in the Southern District of New York, in the absence of a pronouncement by the Second Circuit on the question, ruled yes, sexual relations is a major life activity. Sussle v. Sirina Protection Systems Corp., 2003 WL 21346935 (S.D.N.Y. 6/10/03). Adopting the logic of the Ninth Circuit in McAlindin v. County of San Diego , 192 F.3d 1226, 1234 (9 th Cir. 1999), the court reasoned that sex plays an important role in how we define ourselves and how we perceive others, and plays a fundamental part in how we bond in intimate relations.

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