Supreme Court Decisions Provide Guidance For Disability Claims

By Philip Young

Under the Americans with Disabilities Act ("ADA"), an individual meets the statutory definition of disabled if he/she: 1) has a physical or mental impairment which substantially limits one or more major life activities; 2) has a record of such impairment; or 3) is regarded as having such an impairment. In four cases decided this past summer, the Supreme Court provided guidance to employers who must determine whether an individual's impairment is protected under the ADA. The following are highlights from these cases:

• The Court held that a person whose impairment is fully corrected (e.g. by the use of glasses, high blood pressure medication, etc.) is not disabled under the ADA.
• The Court held that an impairment that substantially limits the major life activity of working must preclude the person from having more than just one type of job.
• The Court held that an impairment that only causes a person to perform a major life activity in a substantially different manner but that does not substantially restrict the manner in which a person performs a major life activity is not disability.
• The Court held that an employer may require as a job qualification that an employee meet an otherwise applicable federal safety regulation even if it is possible to obtain a waiver in an individual case.

These recent cases provide practical guidance to employers which potentially face an ADA issue. An employer's analytical process should include the following steps:

• First, analyze whether the individual has a protected disability. In light of the recent cases, this inquiry includes considering whether the individual's impairment is fully correctable. Do not assume that a person does not have a disability even if mitigating measures have been taken, however, since such measures may not have sufficiently corrected the impairment. If mitigating measures do not allow the person to function normally, reasonable accommodation by the employer may be required. Do not make employment decisions based on assumptions about a person's perceived limitation.
• Second, decide whether the person is qualified to do the job. Ask individuals whether they can meet the essential requirements of the job. You may include compliance with applicable government regulations as an essential job requirement. If the individual states that he or she can meet the essential requirements of the job, the inquiry should end there. If the individual states that he or she needs an accommodation, however, you should engage in a dialogue to determine what reasonable accommodations would permit the person to meet the essential job requirements.
• Third, ask what type of reasonable accommodations must be given. Based on discussions with the individual, you can determine what types of effective reasonable accommodations are available. You are obligated to provide an effective reasonable accommodation and need not to abide by the employee's preference. You are also not required to provide an accommodation if it would cause undue hardship.