Sleep is major life activity; concentration is not 02-16-99
- Reprinted courtesy of Ross Runkel.

Pack sued claiming her discharge violated the Americans With Disabilities Act (ADA). After trial, the District Court granted the employer's motion for judgment as a matter of law; the 10th Circuit affirmed on 12/29/98, and on 02/04/99 denied a rehearing en banc and issued a revised opinion.

Pack was diagnosed with major depression, which the employer conceded is a mental impairment. Pack claimed this impairment substantially limited two major life activities: (1) sleep and (2) concentration.

1. The court held that sleep is a major life activity, even though it is not listed in the EEOC regulations. It is a "basic activity that the average person in the general population can perform with little or no difficulty." However, Pack was unable to show that her sleep was substantially limited. She sometimes tossed and turned all night long, sometimes would wake up shaking and crying, sometimes would get only two or three hours of sleep. Her physician also recorded her complaints about sleep. The court said: "While the evidence showed Pack had episodes of sleep disruption and/or waking without feeling rested during 1994 and January 1995, there is no indication that her sleep problems were severe, long term, or had a permanent impact."
2. The court held that concentration is not a major life activity. It may be "a significant and necessary component of a major life activity, such as working, learning, or speaking, but it is not an 'activity' itself."

Pack v. KMart Corp
(10th Cir 02/04/99)