*fn1 42 U.S.C. SEC.(S) 12101-12213 (Supp. III 1991).
*fn2 Armstrong v. City of Dallas, 997 F.2d 62 (5th Cir.1993).
*fn3 42 U.S.C. SEC. 12112(a).
*fn4 42 U.S.C. SEC. 12102(2). We note that this definition of "disability" is substantially equivalent to that in the Rehabilitation Act, 29 U.S.C. SEC.(S) 701-797 (1988, Supp. III 1991 & Supp. V 1993). See Chandler v. City of Dallas, 2 F.3d 1385, 1391 n. 18 (5th Cir.1993), cert. denied, __ U.S. __, 114 S. Ct. 1386, 128 L. Ed. 2d 61 (1994).
*fn5 A physical or mental impairment is defined as:
(1) Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine; or
(2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
29 C.F.R. SEC. 1630.2(h)(1), (2).
*fn6 Bolton v. Scrivner, Inc., 36 F.3d 939 (10th Cir.1994), cert. denied, __ U.S. __, 115 S. Ct. 1104, 130 L. Ed. 2d 1071 (1995); see Chandler.
*fn7 29 C.F.R. SEC. 1630.2(i). This listing, however, is not intended to be exhaustive. Other major life activities could include lifting, reaching, sitting, or standing. 29 C.F.R. SEC. 1630, Appendix to Part 1630-Interpretive Guidance on Title I of the Americans with Disabilities Act, SEC. 1630.2(1).
*fn8 To substantially limit means:
(i) Unable to perform a major life activity that the average person in the general population can perform; or
(ii) Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform the same major life activity.
29 C.F.R. SEC.1630.2(j)(1)(i), (ii).
*fn9 29 C.F.R. SEC. 1630, App., SEC.1630.2(j).
*fn10 42 U.S.C. SEC.12102(2)(A); 29 C.F.R. SEC.1630, App., SEC.1630.2(j) ("If an individual is not substantially limited with respect to any other major life activity, the individual's ability to perform the major life activity of working should be considered. If an individual is substantially limited in any other major life activity, no determination should be made as to whether the individual is substantially limited in working.").
*fn11 Dutcher contends that her deposition also set forth that she has difficulty picking up little things from the floor, that she has trouble holding things up high or real tight for long periods of time, and that she sometimes has problems turning the car's ignition. We are persuaded that a jury could not find that her impairment substantially limits major life activities on this basis. Cf. Coghlan v. H.J. Heinz Co., 851 F. Supp. 808 (N.D.Tex.1994) (denying summary judgment in light of evidence that impairment affected eating and sleeping).
*fn12 29 C.F.R. 1630.2(j)(3)(i).
*fn13 We note that three additional factors can be considered when determining whether an impairment substantially limits the major life activity of working. Those are:
(A) The geographical area to which the individual has reasonable access;
(B) The job from which the individual has been disqualified because of an impairment, and the number and types of jobs utilizing similar training, knowledge, skills or abilities, within that geographical area, from which the individual is also disqualified because of the impairment (class of jobs); and/or
(C) The job from which the individual has been disqualified because of an impairment, and the number and types of other jobs not utilizing similar training, knowledge, skills or abilities, within that geographical area, from which the individual is also disqualified because of the impairment (broad range of jobs in various classes).
29 C.F.R. SEC. 1630.2(j)(3)(ii)(A)-(C). Dutcher provided no such evidence in opposing Ingalls' summary judgment motion.
*fn14 That Chandler construed provisions of the Rehabilitative Act is of no moment; the substantial equivalency of the definition of disability under the Rehabilitation Act and the ADA strongly suggests that prior constructions of the Rehabilitation Act should be generally applicable in construing the ADA definition of "disability." See Bolton, 36 F.3d at 943 ("The legislative history of the ADA indicates that "Congress intended that the relevant caselaw developed under the Rehabilitation Act be generally applicable to the term "disability" as used in the ADA.' ") (quoting 29 C.F.R. SEC. 1630, App., SEC.1630.2(g)) (citing legislative history) (citations omitted)).
*fn15 Chandler (citing with approval Elstner v. Southwestern Bell Tel. Co., 659 F. Supp. 1328 (S.D.Tex.1987), aff'd, 863 F.2d 881 (5th Cir.1988) (unpublished), where court held that service technician with impaired knee that prevented him from climbing utility poles was neither handicapped nor regarded as such within the meaning of the Rehabilitation Act because he could still perform work that did not require climbing).
*fn16 Jasany v. United States Postal Service, 755 F.2d 1244, 1249 n. 3 (6th Cir.1985) (interpreting Rehabilitation Act).
*fn17 42 U.S.C. SEC. 12102(2)(B).
*fn18 29 C.F.R. SEC. 1630.2(k).
*fn19 42 U.S.C. SEC. 12102(2)(C). "Regarded as having such an impairment" means that the individual:
(1) Has a physical or mental impairment that does not substantially limit major life activities but is treated by a covered entity as constituting such limitation;
(2) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or
(3) Has none of the impairments defined in ... [29 C.F.R. SEC. 1630.2(h) ] but is treated by a covered entity as having a substantially limiting impairment.
29 C.F.R. SEC. 1630.2(L)(1)-(3).
*fn20 See Forrisi v. Bowen, 794 F.2d 931, 935 (4th Cir.1986) ("The statutory reference [in the Rehabilitation Act] to a substantial limitation indicates instead that an employer regards an employee as handicapped in his or her ability to work by finding the employee's impairment to foreclose generally the type of employment involved.").