On June 22, the United States Supreme Court issued three decisions that
significantly narrow an employer’s obligations under the Americans with
Disabilities Act (ADA). In those decisions, a 7—2 majority held the ADA does not
cover individuals with correctable impairments, an interpretation that may
result in protection for only the most profoundly disabled.
The justices dismissed lawsuits brought by a Kansas truck mechanic who was
fired for his severe hypertension, an Oregon truck driver who was fired because
he sees with only one eye, and two female pilots whose applications for
employment were rejected by United Airlines because they need glasses. In
all three cases, the Court concluded the workers had no disability.
Murphy v. United Parcel Service; Sutton v. United
Airlines; Albertson’s v. Kirkingburg.
The tone of the
rulings comes as somewhat of a surprise following last year’s decision in the
case of a dental patient from Maine with asymptomatic HIV. In that case,
Bragdon v. Abbott, the first ADA case to reach the Supreme Court,
the justices gave the law a liberal interpretation, deciding 5 to 4 that the
infected patient had a disability because her disease could, in the future,
prove fatal. The Court then reasoned that reproduction was a "major life
activity" similar to walking or seeing. This year, however, Justices Anthony
Kennedy, David Souter and Ruth Bader Ginsburg shifted to the more restrictive
interpretation for other diseases and medical conditions, one that focuses on
whether a claimant is substantially limited in his or her ability to work.
In the case of the Kansas mechanic, Justice Sandra Day O’Connor stated for
the majority that, because the man’s high blood pressure can be controlled with
medication, he is not "substantially limited in any major life activity." She
noted that he could not function without medication, but said, "Congress did not
intend to bring under the statute’s protection all those whose uncorrected
conditions amount to disabilities."
The truck driver with monocular vision lost for a somewhat different reason.
On the one hand, because he learned to adjust for his bad eye, the Court doubted
he had a disability. He had achieved an exemplary driving record and had passed
the company’s road test. On the other hand, the Court said, it did not matter to
the case whether he had a disability. He was not qualified for his job–and thus
was not protected by the ADA–because he failed to meet the minimum vision
standard set by the Department of Transportation.
In the third case, nearsighted twin sisters were rejected for commercial
airline pilot positions by United Airlines because they did not meet United’s
in-house standard for uncorrected visual acuity. However, with corrective
lenses, both sisters could see 20/20 or better. The issue in the United
Airlines case was whether the determination of the sisters’ meeting the ADA’s
definition of "individual with a disability" should be made with or without
considering the effects of corrective lenses. In a somewhat surprising move, the
Supreme Court decided that the determination of disability must be made in its
mitigated state (with corrective lenses), in part because of the congressional
finding in the ADA that recognized some 43 million Americans have one or more
physical disabilities.
The Court concluded that Congress did not intend to
provide coverage under the ADA to all those "whose uncorrected conditions amount
to disabilities," a group that would include more than 160 million people. This
decision nullifies established case law in many areas of the country, including
the First Circuit Court of Appeals, which includes the District of Maine. It
also overturns the Equal Employment Opportunity Commission’s Interpretative
Guidance regarding ADA protection for people with correctable impairments.