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Full-Text Articles in Law
Applying The Ada To Mitigating Measures Cases: A Choice Of Statutory Evils, Lisa A. Eichhorn
Applying The Ada To Mitigating Measures Cases: A Choice Of Statutory Evils, Lisa A. Eichhorn
Faculty Publications
This Article critiques the idea that the ADA should exclude from its coverage people who use mitigating measures, such as medications and medical devices, to alleviate the effects of their mental and physical impairments. After describing the statute as an expansive but flawed tool for combating disability-based discrimination, the Article analyzes a 1999 trilogy of Supreme Court cases holding that in determining whether a person has a disability for purposes of ADA coverage, courts should take account of the ameliorative effects of so-called mitigating measures on the person’s impairments. Through this holding, the Court inappropriately constricted the scope of the …
Major Litigation Activities Regarding Major Life Activities: The Failure Of The Disability Definition In The Americans With Disabilities Act Of 1990, Lisa A. Eichhorn
Major Litigation Activities Regarding Major Life Activities: The Failure Of The Disability Definition In The Americans With Disabilities Act Of 1990, Lisa A. Eichhorn
Faculty Publications
The passage of the Americans with Disabilities Act ("ADA") in 1990 has been praised as the major accomplishment of the disability rights movement. This statute, however, is not without its flaws. Perhaps the most problematic one is the way in which “disability” is defined. Lisa Eichhorn argues that the definition undercuts the effectiveness of the ADA. She begins with a historical look at society’s concepts of disability and discusses how these concepts were incorporated into the Rehabilitation Act of 1973 and the ADA. She then examines cases that have been dismissed because plaintiffs cannot prove disabled status, which illustrate the …
Ada Mediation After Sutton, Murphy And Albertson, James Levin
Ada Mediation After Sutton, Murphy And Albertson, James Levin
Faculty Publications
Judith Cohen's summary of the Interim ADA Mediation Standards in the last issue of The Journal of Alternative Dispute Resolution in Employment acknowledges the "skyrocketing" number of cases mediated under the Americans With Disabilities Act (ADA). The United States Supreme Court's recent opinions in Sutton v. United Airlines, Inc., Murphy v. United Parcel Service, Inc., and Albertson, Inc. v. Kirkingberg surprised many in the disability community by explicitly excluding an individual from ADA coverage if she mitigates her mental or physical impairment and the impairment as mitigated no longer substantially limits a major life activity. Will the Supreme Court's narrowing …