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2009

Disability Law

School of Law Faculty Publications

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“Corrective Surgery” And The Americans With Disabilities Act, Jeannette Cox Feb 2009

“Corrective Surgery” And The Americans With Disabilities Act, Jeannette Cox

School of Law Faculty Publications

This Article challenges the assumption that the Americans with Disabilities Act (ADA) requires persons with disabilities to undergo corrective surgery as a precondition to membership in the ADA's protected class. This issue is ripe for discussion because current efforts to amend the ADA, although not focused on the corrective surgery issue, will unsettle the current doctrine underpinning many courts' conclusions that an individual's decision to forgo available medical technology bars her from relief under the ADA. The article aims to make two contributions. First, it argues that the ADA's focus on reshaping cultural responses to disability suggests that individuals need …