| This study examined the definition of "disability" under the Americans with Disabilities Act (ADA), as decided by the U.S. Supreme Court and the federal courts of the 11th Circuit. The question of whether an individual plaintiff is actually disabled is a frequent theme in ADA litigation, as the statute did not define "disability," "substantial limitation," or "major life activity." It has been the courts' responsibility to do so, with guidance from the Equal Employment Opportunity Commission (EEOC).; This study is based on qualitative research, in the tradition of historical research. Supreme Court and 11th Circuit federal court decisions through 2002 that addressed the definition of "disability" were collected and analyzed.; Proving existence of a disability under the ADA presents a formidable, often impassable, hurdle that restricts and limits plaintiffs from pursuing their claim of discrimination, The Supreme Court narrowed the scope of the ADA in 1999 with rulings regarding the consideration of mitigating measures when determining whether an individual has a disability under the ADA. Since that time, individuals who have disabling impairments, but who use mitigating measures that effectively control the impairment, are assessed in their mitigated state.; In 1999, the Supreme Court challenged the EEOC's inclusion of "working" as a major life, activity and decided that working could be considered as a major life activity only if an individual is not substantially limited with respect to any other major life activity. In 1998, the Court had decided that a disease or disorder was not a disability unless it was an actual barrier to employment.; In 2002, the Supreme Court further limited candidacy for ADA protection. "Substantially limited in major life activities" was narrowed to mean "limited in activities central to most people's daily lives." Thus, daily life no longer refers to the individual, but rather to the majority of society. Federal courts must determine whether a particular activity plays a significant role in, not just the impaired individual's life, but in most individuals' lives.; Operational principles for decision makers are included. |
