Responding to the Supreme Court: employment practices and the ADA

Recent decisions from the Supreme Court have narrowed the coverage of the Americans with Disabilities Act by restricting the definition of an ADA disability. By holding that mitigating measures must be considered in determining whether someone has a disability within the meaning of the ADA, the Court avers that only those disabilities that continue to "substantially limit" a "major life activity," even with mitigation, will be covered by the Act. Still, the limitations set forth in the Supreme Court decisions, together with the aggressive posture of the Equal Employment Opportunity Commission, must be give due consideration before employers conclude that any individual applicant of employee falls outside of the ADA's protection.