DEFINING DISABILITY: MITIGATING MEASURES AND THE ADA

CYNTHIA F. COHEN
MURRAY E. COHEN

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DOI: 10.2190/5A8R-0642-DD6N-6E37

Abstract

Two years of district court cases involving mitigating measures were analyzed to determine the extent to which the Supreme Court's decision in Sutton v. United Airlines has affected ADA claims. Our analysis reveals the determination of impairments in almost half of the cases considered by the district courts over a two-year period were affected by the use of mitigating measures. Common impairments considered were diabetes, high blood pressure, depressive disorders, and back injuries. Moreover, complainants were typically unsuccessful in arguing they "had a record of" or were "regarded as" disabled for purposes of the act. Effects on employees and organizations are discussed.

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