Inc. and Albertsons, Inc. v. Kirkingburg, the Court held that a person is not considered disabled if there are corrective measures the person uses to minimize the disability. And echoing the many Courts of Appeals decisions, the Supreme Court held that in order to be considered substantially limited in the major life activity of working, an individual must be unable to work in a large class of jobs, not just a particular job such as airline pilot or truck driver. Certainly it could be argued that conditions such as diabetes, epilepsy and many others we thought were disabilities are not given these new definitions. From a fairness perspective, employers still should attempt to accommodate employees with physical restrictions, without getting into the issue of whether or not they legally are disabled. But if accommodation is not possible, these cases may allow employers to avoid legal liability.
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Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first. All rights reserved.