The ADAAA: Opening the Floodgates

Source: Amelia Joiner, San Diego Law Review, Volume 47, Number 2, May-June 2010

This Article will examine whether Congress erred in enacting the ADAAA to include the provision that mitigating measures will not be taken into account when determining whether an individual is disabled under prong one of the ADA’s disability definition. With the incorporation of this language, Congress took away the individualized assessment necessary for ADA interpretation and replaced it with a per se disabled format for particular conditions, such as diabetes and epilepsy. Simply stated, the ADAAA approach to the mitigating measures analysis, which negated the individualized disability assessment that Congress envisioned, does not promote the best possible determination of whether an individual should be covered under prong one of the ADAAA.

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