The Sutton Trilogy: Changing the Landscape of the ADA

Charles J. Coleman

---

DOI: 10.2190/CHL3-RXBE-HBBB-452U

Abstract

The agencies that enforce the Americans with Disabilities Act (ADA) have determined that a person's disability is to be assessed without regard to devices, medication, or other adjustments that may have reduced or eliminated the manifestation of the impairment. An epileptic, for example, whose tendency to seizure is controlled by medication, could still be considered disabled and could have the protection and the benefits of ADA coverage. Until recently, the circuit courts have followed the agencies lead. In the summer of 1999, however, the U.S. Supreme Court made three decisions that invalidated this approach to determining whether a person is disabled. This article examines, assesses, and criticizes those decisions and suggests an alternative approach.

---

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.