Although the Americans with Disabilities Act was lauded as a statute that would bring long-overdue relief to the disabled, the Supreme Court's decision in Sutton v. United Airlines has caused many to question the statute's value. By holding that plaintiffs must be considered in their corrected or mitigated states, Sutton greatly narrowed the group of individuals entitled to relief under the statute. Recent Seventh Circuit holdings have illustrated Sutton's shortcomings, namely that courts will be required to consider disabled plaintiffs' corrected states even if their employers discriminate against them by not allowing them to employ their assistive devices or corrective measures while on the job. This Note proposes that under these narrow circumstances, when there is a reasonable probability that the employer is discriminating on the basis of the mitigating measure itself, courts should consider a plaintiff in his or her uncorrected state.
Molly M. Joyce,
Has the Americans with Disabilities Act Fallen on Deaf Ears? A Post-Sutton Analysis of Mitigating Measures in the Seventh Circuit,
Chi.-Kent L. Rev.
Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol77/iss3/12