Ameliorating medication and ADA protection: use it and lose it or refuse it and lose it

D Burke, M Abel - Am. Bus. LJ, 2000 - HeinOnline
D Burke, M Abel
Am. Bus. LJ, 2000HeinOnline
In a recent trilogy of cases the Supreme Court held that the determination of whether or not
an employee's impairment substantially limits one or more major life activities under the
Americans with Disabilities Act (" ADA") should be made with reference to available
mitigating or corrective measures, that is, that the determination of whether or not an
individual is disabled should be made with reference to the actual corrective measures
employed, and should not be based upon a hypothetical uncorrected state. Prior to these …
In a recent trilogy of cases the Supreme Court held that the determination of whether or not an employee's impairment substantially limits one or more major life activities under the Americans with Disabilities Act (" ADA") should be made with reference to available mitigating or corrective measures, that is, that the determination of whether or not an individual is disabled should be made with reference to the actual corrective measures employed, and should not be based upon a hypothetical uncorrected state. Prior to these decisions the Equal Employment Opportunity Commission (" EEOC") and Justice Department guidelines provided that the determination as to whether an individual is substantially limited in a major life activity should be made without regard to mitigating or ameliorating measures, such as drugs or prosthetic devices, while the federal circuit courts were split on the appropriate evaluation.
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