Using Mitigating Measures to Determine Disability Under The Americans With Disabilities Act

This article examines how the use of mitigating measures—such as medication, assistive devices, or behavioral modifications—affects the determination of whether an individual has a disability under the Americans with Disabilities Act of 1990 (ADA). It explores the legislative intent, judicial interpretations, and policy implications of considering or disregarding mitigating measures in the disability assessment process. The author argues that the U.S. Supreme Court’s approach in Sutton v. United Air Lines, Inc. and related cases undermines the ADA’s protective purpose by excluding individuals who successfully manage their impairments. The article concludes with recommendations for a more inclusive interpretation of disability that aligns with the ADA’s goals of preventing discrimination and promoting equal opportunity. Key health conditions examined included in the article are DIABETES MELLITUS: INSULIN-DEPENDENT DIABETES MELLITUS, NON-INSULIN-DEPENDENT DIABETES MELLITUS, SECONDARY DIABETES, IMPAIRED GLUCOSE TOLERANCE GESTATIONAL DIABETES,  HYPERTENSION, SEIZURE DISORDER, and Visual Impairments