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A court may further consider a plaintiff's ability to perform activities outside of his employment.

A court may also examine whether a plaintiff can perform or has procured other employment.

Generally, exclusion from one position of employment does not constitute a substantial limitation of a 'major life activity.' A plaintiff's ability to perform other duties in the work place is also relevant. Go toĪny person who (i) has a physical or mental impairment which substantially limits one or more of such person's major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment. Our determination is based upon the evidence of her particular claim. at 1205 (strained back of limited duration not commonly considered disability). Byrne's claim merely because she is not afflicted with a generally recognized impairment. We note that, of the cases reviewed by this court that have considered respiratory ailments attributed to the working conditions of the workplace, only one has held the impairment to be a 'handicap.' However, we do not dismiss Ms. 1989) (being declared unsuitable for particular position of police officer not substantial limitation of major life activity). to include working at the specific job of one's choice.' Daley v. The definition of 'major life activity' in the regulations 'cannot be interpreted.

It is well established that an inability to perform a particular job for a particular employer is not sufficient to establish a handicap the impairment must substantially limit employment generally.

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