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ADAAA's Disability Definition Requires Impairments to be Considered Without Regard to Corrective Measures

  • expand disabled

    Sutton v. United Air Lines, 527 U.S. 471 (U.S. 1999) (0 other reports)

Author: Meryl Gutterman, formerly of Nukk-Freeman & Cerra, PC

The ADA Amendments Act of 2008(ADAAA) rejects the Supreme Court's holding in Sutton v. United Air Lines, +527 U.S. 471 (U.S. 1999), and makes it easier for employees to show they are disabled when bringing disability discrimination claims. The ADAAA promotes a broader interpretation of disability and rejects the Court's holding that corrective measures used to help a person with an impairment function the same as a person without an impairment, should be considered when evaluating whether an individual has a qualifying disability under the Americans with Disabilities Act (ADA).