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SUPREME COURT AND ADA PROTECTIONSIn 1999, the U.S. Supreme Court issued two rulings which narrowed the definition of disability in the Americans with Disabilities Act (ADA). In both cases, the plaintiffs argued that the definition of disability should be made without the consideration of medications or corrective devices. The Court ruled that the protections of Title I of the ADA cannot be asserted if corrective measures effectively alleviate the condition of the individual. Title I of the ADA states that an individual alleging a disability must prove the existence of a physical or mental impairment that substantially limits one or more major life activities. The federal agencies that are responsible for enforcing specific sections of the ADA, the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ), have stated that this determination should be made without regard to corrective measures. The Supreme Court's rulings effectively reject this guidance. None of the plaintiffs suffered from a mental disability, but the Supreme Court's rulings could prove to be problematic for people with mental illnesses, which are episodic and characterized by fluctuations in the severity of symptoms, and where the medications only control the symptoms. The ADA and its guidelines have a broad definition of "major life activities." These include learning, thinking, concentration, interacting with others, caring for oneself, speaking, performing manual tasks, sleeping, and working. An individual who has the ability to function in the workplace may still have substantial limitations in another major life activity, yet under the Supreme Court's rulings, people who used to be viewed as too disabled to work may now be determined to have insufficient disability to be covered by the ADA.
BY RICHARD SUTPHEN
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 BipolarConnection
2001 - 2008
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