sutton
et
al
air
lines
argued
april
decided
june
petitioners
severely
myopic
twin
sisters
uncorrected
visual
acuity
worse
corrective
measures
function
identically
individuals
without
similar
impairments
applied
respondent
major
commercial
airline
carrier
employment
commercial
airline
pilots
rejected
meet
respondent
minimum
requirement
uncorrected
visual
acuity
better
consequently
filed
suit
americans
disabilities
act
ada
prohibits
covered
employers
discriminating
individuals
basis
disabilities
among
things
ada
defines
disability
physical
mental
impairment
substantially
limits
one
major
life
activities
regarded
impairment
district
dismissed
petitioners
complaint
failure
state
claim
upon
relief
granted
held
petitioners
actually
disabled
subsection
disability
definition
fully
correct
visual
impairments
also
determined
petitioners
regarded
respondent
disabled
subsection
definition
petitioners
alleged
respondent
regarded
unable
satisfy
requirements
particular
job
global
airline
pilot
allegations
insufficient
state
claim
petitioners
regarded
substantially
limited
major
life
activity
working
employing
similar
logic
tenth
circuit
affirmed
held
petitioners
alleged
disabled
within
ada
meaning
pp
agency
delegated
authority
interpret
term
disability
used
ada
eeoc
nevertheless
issued
regulations
among
things
define
physical
impairment
mean
ny
physiological
disorder
affecting
special
sense
organs
substantially
limits
mean
nable
perform
major
life
activity
average
person
general
population
perform
ajor
ife
ctivities
mea
functions
working
parties
accept
regulations
valid
determining
validity
necessary
decide
case
occasion
consider
deference
due
eeoc
justice
department
also
issued
interpretive
guidelines
providing
determination
whether
individual
substantially
limited
major
life
activity
must
made
case
case
basis
without
regard
mitigating
measures
assistive
prosthetic
devices
although
parties
dispute
guidelines
persuasive
force
need
case
decide
deference
due
pp
petitioners
stated
claim
actual
physical
impairment
substantially
limits
one
major
life
activities
three
separate
ada
provisions
read
concert
lead
conclusion
determination
whether
individual
disabled
made
reference
measures
eyeglasses
contact
lenses
mitigate
individual
impairment
approach
adopted
agency
guidelines
impermissible
interpretation
ada
first
phrase
substantially
limits
appears
subsection
present
indicative
verb
form
language
properly
read
requiring
person
presently
potentially
hypothetically
substantially
limited
order
demonstrate
disability
disability
exists
impairment
substantially
limits
major
life
activity
might
substantially
limiting
corrective
measures
taken
second
subsection
requires
disabilities
evaluated
respect
individual
determined
based
whether
impairment
substantially
limits
individual
major
life
activities
question
whether
person
disability
ada
individualized
inquiry
see
bragdon
abbott
guidelines
directive
persons
judged
uncorrected
unmitigated
state
runs
directly
counter
mandated
individualized
inquiry
former
create
system
persons
often
treated
members
group
similar
impairments
rather
individuals
also
lead
anomalous
result
courts
employers
consider
negative
side
effects
suffered
individual
resulting
use
mitigating
measures
even
side
effects
severe
finally
critically
congressional
finding
million
americans
one
physical
mental
disabilities
see
requires
conclusion
congress
intend
bring
ada
protection
whose
uncorrected
conditions
amount
disabilities
group
include
million
people
petitioners
allege
corrective
measures
vision
better
actually
disabled
subsection
pp
petitioners
also
failed
allege
properly
regarded
see
impairment
substantially
limits
major
life
activity
see
generally
claims
arise
employer
mistakenly
believes
individual
substantially
limiting
impairment
support
claims
petitioners
allege
respondent
impermissible
vision
requirement
based
myth
stereotype
respondent
mistakenly
believes
due
poor
vision
petitioners
unable
work
global
airline
pilots
thus
substantially
limited
major
life
activity
working
creating
physical
criteria
job
without
violate
ada
ada
allows
employers
prefer
physical
attributes
others
long
attributes
rise
level
substantially
limiting
impairments
employer
free
decide
physical
characteristics
medical
conditions
impairments
preferable
others
free
decide
limiting
substantially
limiting
impairments
make
individuals
less
ideally
suited
job
addition
petitioners
sufficiently
alleged
regarded
substantially
limited
major
life
activity
working
major
life
activity
consideration
working
ada
requires
least
one
ability
work
significantly
reduced
eeoc
regulations
similarly
define
substantially
limits
mean
significantly
restricted
ability
perform
either
class
jobs
broad
range
jobs
various
classes
compared
average
person
comparable
training
skills
abilities
assumes
without
deciding
work
major
life
activity
regulation
reasonable
observes
however
defining
major
life
activities
include
work
potential
make
ada
circular
assuming
work
major
life
activity
finds
petitioners
allegations
insufficient
position
global
airline
pilot
single
job
indeed
number
positions
utilizing
petitioners
skills
regional
pilot
pilot
instructor
available
also
rejects
petitioners
argument
substantially
limited
ability
work
assumed
substantial
number
airlines
vision
requirements
similar
respondent
argument
flawed
enough
say
otherwise
permissible
physical
criteria
preferences
single
employer
imputed
similar
employers
one
regarded
substantially
limited
major
life
activity
working
result
imputation
rather
employer
physical
criteria
permissible
long
cause
employer
make
employment
decision
based
impairment
real
imagined
regards
substantially
limiting
major
life
activity
petitioners
alleged
demonstrate
respondent
vision
requirement
reflects
belief
vision
substantially
limits
pp
affirmed
delivered
opinion
rehnquist
scalia
kennedy
souter
thomas
ginsburg
joined
ginsburg
filed
concurring
opinion
stevens
filed
dissenting
opinion
breyer
joined
breyer
filed
dissenting
opinion
karen
sutton
kimberly
hinton
petitioners
air
lines
writ
certiorari
appeals
tenth
circuit
june
justice
delivered
opinion
americans
disabilities
act
ada
act
stat
et
prohibits
certain
employers
discriminating
individuals
basis
disabilities
see
petitioners
challenge
dismissal
ada
action
failure
state
claim
upon
relief
granted
conclude
complaint
properly
dismissed
reaching
result
hold
determination
whether
individual
disabled
made
reference
measures
mitigate
individual
impairment
including
instance
eyeglasses
contact
lenses
addition
hold
petitioners
failed
allege
properly
respondent
regarded
disability
within
meaning
ada
petitioners
amended
complaint
dismissed
failure
state
claim
upon
relief
granted
see
fed
rule
civ
proc
accordingly
accept
allegations
contained
complaint
true
purposes
case
see
gaubert
petitioners
twin
sisters
severe
myopia
petitioner
uncorrected
visual
acuity
worse
right
eye
worse
left
eye
ith
use
corrective
lenses
vision
better
app
consequently
without
corrective
lenses
effectively
see
conduct
numerous
activities
driving
vehicle
watching
television
shopping
public
stores
corrective
measures
glasses
contact
lenses
function
identically
individuals
without
similar
impairment
ibid
petitioners
applied
respondent
employment
commercial
airline
pilots
met
respondent
basic
age
education
experience
faa
certification
qualifications
submitting
applications
employment
petitioners
invited
respondent
interview
flight
simulator
tests
told
interviews
however
mistake
made
inviting
interview
petitioners
meet
respondent
minimum
vision
requirement
uncorrected
visual
acuity
better
due
failure
meet
requirement
petitioners
interviews
terminated
neither
offered
pilot
position
light
respondent
proffered
reason
rejecting
petitioners
filed
charge
disability
discrimination
ada
equal
employment
opportunity
commission
eeoc
receiving
right
sue
letter
petitioners
filed
suit
district
district
colorado
alleging
respondent
discriminated
basis
disability
respondent
regarded
petitioners
disability
violation
ada
app
specifically
petitioners
alleged
due
severe
myopia
actually
substantially
limiting
impairment
regarded
impairment
see
thus
disabled
act
district
dismissed
petitioners
complaint
failure
state
claim
upon
relief
granted
see
civ
app
pet
cert
petitioners
fully
correct
visual
impairments
held
actually
substantially
limited
major
life
activity
thus
stated
claim
disabled
within
meaning
ada
also
determined
petitioners
made
allegations
sufficient
support
claim
regarded
respondent
impairment
substantially
limits
major
life
activity
observed
statutory
reference
substantial
limitation
indicates
employer
regards
employee
handicapped
ability
work
finding
employee
impairment
foreclose
generally
type
employment
involved
petitioners
alleged
respondent
regarded
unable
satisfy
requirements
particular
job
global
airline
pilot
consequently
held
petitioners
stated
claim
regarded
substantially
limited
major
life
activity
working
employing
similar
logic
appeals
tenth
circuit
affirmed
district
judgment
tenth
circuit
decision
tension
decisions
courts
appeals
see
bartlett
new
york
state
bd
law
examiners
holding
considered
determining
disability
cert
pending
baert
euclid
beverage
holding
disabilities
determined
without
reference
mitigating
measures
matczak
frankford
candy
chocolate
arnold
parcel
service
see
also
washington
hca
health
servs
texas
holding
impairments
evaluated
uncorrected
state
cert
pending
granted
certiorari
affirm
ii
ada
prohibits
discrimination
covered
entities
including
private
employers
qualified
individuals
disability
specifically
provides
covered
employer
shall
discriminate
qualified
individual
disability
disability
individual
regard
job
application
procedures
hiring
advancement
discharge
employees
employee
compensation
job
training
terms
conditions
privileges
employment
see
also
term
covered
entity
means
employer
employment
agency
labor
organization
joint
committee
qualified
individual
disability
identified
individual
disability
without
reasonable
accommodation
perform
essential
functions
employment
position
individual
holds
desires
turn
disability
defined
physical
mental
impairment
substantially
limits
one
major
life
activities
individual
record
impairment
regarded
impairment
accordingly
fall
within
definition
one
must
actual
disability
subsection
record
disability
subsection
regarded
one
subsection
parties
agree
authority
issue
regulations
implement
act
split
primarily
among
three
government
agencies
according
parties
eeoc
authority
issue
regulations
carry
employment
provisions
title
ada
pursuant
later
year
date
enactment
act
commission
shall
issue
regulations
accessible
format
carry
subchapter
accordance
subchapter
ii
chapter
title
attorney
general
granted
authority
issue
regulations
respect
title
ii
subtitle
relates
public
services
see
later
year
date
enactment
act
attorney
general
shall
promulgate
regulations
accessible
format
implement
part
finally
secretary
transportation
authority
issue
regulations
pertaining
transportation
provisions
titles
ii
iii
see
later
year
date
enactment
act
secretary
transportation
shall
issue
regulations
accessible
format
necessary
carrying
subpart
section
title
substantially
substantially
later
one
year
date
enactment
act
secretary
shall
issue
final
regulations
carry
section
see
also
granting
authority
architectural
transportation
barriers
compliance
board
issue
minimum
guidelines
supplement
existing
minimum
guidelines
requirements
accessible
design
moreover
agencies
authorized
offer
technical
assistance
regarding
provisions
administer
see
federal
agency
responsibility
paragraph
implementing
chapter
may
render
technical
assistance
individuals
institutions
rights
duties
respective
subchapter
subchapters
chapter
agency
responsibility
agency
however
given
authority
issue
regulations
implementing
generally
applicable
provisions
ada
see
fall
outside
titles
notably
agency
delegated
authority
interpret
term
disability
justice
breyer
contrary
imaginative
interpretation
act
delegation
provisions
see
post
dissenting
opinion
belied
terms
structure
ada
eeoc
nonetheless
issued
regulations
provide
additional
guidance
regarding
proper
interpretation
term
restating
definition
disability
given
statute
see
cfr
eeoc
regulations
define
three
elements
disability
physical
mental
impairment
substantially
limits
major
life
activities
see
regulations
physical
impairment
includes
ny
physiological
disorder
condition
cosmetic
disfigurement
anatomical
loss
affecting
one
following
body
systems
neurological
musculoskeletal
special
sense
organs
respiratory
including
speech
organs
cardiovascular
reproductive
digestive
hemic
lymphatic
skin
endocrine
term
substantially
limits
means
among
things
nable
perform
major
life
activity
average
person
general
population
perform
ignificantly
restricted
condition
manner
duration
individual
perform
particular
major
life
activity
compared
condition
manner
duration
average
person
general
population
perform
major
life
activity
finally
ajor
ife
ctivities
means
functions
caring
oneself
performing
manual
tasks
walking
seeing
hearing
speaking
breathing
learning
working
parties
accept
regulations
valid
determining
validity
necessary
decide
case
occasion
consider
deference
due
agencies
also
issued
interpretive
guidelines
aid
implementation
regulations
instance
time
promulgated
regulations
eeoc
issued
interpretive
guidance
provides
determination
whether
individual
substantially
limited
major
life
activity
must
made
case
case
basis
without
regard
mitigating
measures
medicines
assistive
prosthetic
devices
cfr
pt
app
describing
department
justice
issued
similar
guideline
see
cfr
pt
app
question
whether
person
disability
assessed
without
regard
availability
mitigating
measures
reasonable
modification
auxiliary
aids
services
pt
app
although
parties
dispute
persuasive
force
interpretive
guidelines
need
case
decide
deference
due
iii
statutory
regulatory
framework
mind
turn
first
question
whether
petitioners
stated
claim
subsection
disability
definition
whether
alleged
possess
physical
impairment
substantially
limits
one
major
life
activities
see
petitioners
allege
corrective
measures
vision
better
see
app
actually
disabled
within
meaning
act
disability
determination
made
reference
measures
consequently
respect
subsection
disability
definition
decision
turns
whether
disability
determined
without
reference
corrective
measures
petitioners
maintain
whether
impairment
substantially
limiting
determined
without
regard
corrective
measures
argue
ada
directly
address
question
hand
defer
agency
interpretations
statute
embodied
agency
guidelines
issued
eeoc
department
justice
guidelines
specifically
direct
determination
whether
individual
substantially
limited
major
life
activity
made
without
regard
mitigating
measures
see
cfr
pt
app
cfr
pt
app
cfr
pt
app
respondent
turn
maintains
impairment
substantially
limit
major
life
activity
corrected
argues
defer
agency
guidelines
cited
petitioners
guidelines
conflict
plain
meaning
ada
phrase
substantially
limits
one
major
life
activities
explains
requires
substantial
limitations
actually
presently
exist
moreover
respondent
argues
disregarding
mitigating
measures
taken
individual
defies
statutory
command
examine
effect
impairment
major
life
activities
individual
even
statute
ambiguous
respondent
claims
guidelines
directive
ignore
mitigating
measures
reasonable
thus
defer
conclude
respondent
correct
approach
adopted
agency
guidelines
persons
evaluated
hypothetical
uncorrected
state
impermissible
interpretation
ada
looking
act
whole
apparent
person
taking
measures
correct
mitigate
physical
mental
impairment
effects
measures
positive
negative
must
taken
account
judging
whether
person
substantially
limited
major
life
activity
thus
disabled
act
dissent
relies
legislative
history
ada
contrary
proposition
individuals
examined
uncorrected
state
see
post
opinion
tevens
decide
terms
ada
read
manner
reason
consider
ada
legislative
history
three
separate
provisions
ada
read
concert
lead
us
conclusion
act
defines
disability
physical
mental
impairment
substantially
limits
one
major
life
activities
individual
emphasis
added
phrase
substantially
limits
appears
act
present
indicative
verb
form
think
language
properly
read
requiring
person
presently
potentially
hypothetically
substantially
limited
order
demonstrate
disability
disability
exists
impairment
substantially
limits
major
life
activity
might
substantially
limiting
mitigating
measures
taken
person
whose
physical
mental
impairment
corrected
medication
measures
impairment
presently
substantially
limits
major
life
activity
sure
person
whose
physical
mental
impairment
corrected
mitigating
measures
still
impairment
impairment
corrected
substantially
limi
major
life
activity
definition
disability
also
requires
disabilities
evaluated
respect
individual
determined
based
whether
impairment
substantially
limits
major
life
activities
individual
thus
whether
person
disability
ada
individualized
inquiry
see
bragdon
abbott
declining
consider
whether
hiv
infection
per
se
disability
ada
cfr
pt
app
determination
whether
individual
disability
necessarily
based
name
diagnosis
impairment
person
rather
effect
impairment
life
individual
agency
guidelines
directive
persons
judged
uncorrected
unmitigated
state
runs
directly
counter
individualized
inquiry
mandated
ada
agency
approach
often
require
courts
employers
speculate
person
condition
many
cases
force
make
disability
determination
based
general
information
uncorrected
impairment
usually
affects
individuals
rather
individual
actual
condition
instance
view
courts
almost
certainly
find
diabetics
disabled
failed
monitor
blood
sugar
levels
administer
insulin
almost
certainly
substantially
limited
one
major
life
activities
diabetic
whose
illness
impair
daily
activities
therefore
considered
disabled
simply
diabetes
thus
guidelines
approach
create
system
persons
often
must
treated
members
group
people
similar
impairments
rather
individuals
contrary
letter
spirit
ada
guidelines
approach
also
lead
anomalous
result
determining
whether
individual
disabled
courts
employers
consider
negative
side
effects
suffered
individual
resulting
use
mitigating
measures
even
side
effects
severe
see
johnson
antipsychotics
pros
cons
antipsychotics
rn
noting
antipsychotic
drugs
cause
variety
adverse
effects
including
neuroleptic
malignant
syndrome
painful
seizures
liver
risk
warning
added
parkinson
drug
fda
consumer
mar
warning
drug
treating
parkinson
disease
cause
liver
damage
curry
kulling
newer
antiepileptic
drugs
american
family
physician
cataloging
serious
negative
side
effects
new
antiepileptic
drugs
result
also
inconsistent
individualized
approach
ada
finally
critically
findings
enacted
part
ada
require
conclusion
congress
intend
bring
statute
protection
whose
uncorrected
conditions
amount
disabilities
congress
found
americans
one
physical
mental
disabilities
number
increasing
population
whole
growing
older
figure
inconsistent
definition
disability
pressed
petitioners
although
exact
source
million
figure
clear
corresponding
finding
precursor
ada
drawn
directly
report
prepared
national
council
disability
see
burgdorf
americans
disabilities
act
analysis
implications
civil
rights
statute
harv
civ
lib
rev
reporting
article
authored
drafter
original
ada
bill
introduced
congress
report
source
figure
million
disabled
persons
quoted
versions
bill
introduced
report
detailed
difficulty
estimating
number
disabled
persons
due
varying
operational
definitions
disability
national
council
disability
toward
independence
explained
estimates
number
disabled
americans
ranged
overinclusive
million
health
conditions
approach
looks
conditions
impair
health
normal
functional
abilities
individual
underinclusive
million
work
disability
approach
focuses
individuals
reported
ability
work
noted
figure
million
commonly
quoted
estimate
million
number
included
bill
findings
thus
clearly
reflects
approach
defining
disabilities
closer
work
disabilities
approach
health
conditions
approach
background
also
provides
clues
likely
source
figure
findings
act
roughly
two
years
issuing
report
national
council
disability
issued
updated
report
see
threshold
independence
report
settled
concrete
definition
disability
stated
million
individuals
difficulty
performing
one
basic
physical
activities
including
seeing
hearing
speaking
walking
using
stairs
lifting
carrying
getting
around
outside
getting
around
inside
getting
bed
study
drew
data
took
explicitly
functional
approach
evaluating
disabilities
see
dept
commerce
bureau
census
disability
functional
limitation
health
insurance
coverage
measured
million
persons
functional
limitation
performing
certain
basic
activities
using
questionnaire
put
special
aids
glasses
hearing
aids
person
usually
used
aids
number
disabled
provided
study
adopted
report
however
includes
noninstitutionalized
persons
physical
disabilities
age
million
gap
million
figure
ada
findings
million
figure
report
thus
probably
explained
effort
include
findings
excluded
national
council
figure
see
national
institute
disability
rehabilitation
research
data
disability
national
health
interview
survey
pp
finding
approximately
noninstitutionalized
persons
activity
limitation
due
mental
illness
noninstitutionalized
persons
activity
limitation
due
mental
retardation
noninstitutionalized
persons
activity
limitation
dept
commerce
bureau
census
statistical
abstract
table
finding
resident
patients
nursing
related
care
facilities
excluding
nursing
homes
regardless
exact
source
however
million
figure
reflects
understanding
whose
impairments
largely
corrected
medication
devices
disabled
within
meaning
ada
estimate
consistent
numbers
produced
studies
performed
time
period
took
similar
functional
approach
determining
disability
instance
mathematica
policy
research
drawing
data
national
center
health
statistics
issued
estimate
approximately
million
civilian
noninstitutionalized
persons
chronic
activity
limitation
status
digest
data
persons
disabilities
statistical
abstract
offered
estimate
based
data
well
estimate
million
noninstitutionalized
persons
activity
limitation
statistical
abstract
supra
table
cases
individuals
activity
limitations
relative
group
conduct
usual
activities
attending
preschool
keeping
house
living
independently
see
national
center
health
statistics
dept
health
human
services
vital
health
statistics
current
estimates
national
health
interview
survey
series
pp
contrast
nonfunctional
approaches
defining
disability
produce
significantly
larger
numbers
noted
national
council
disability
report
estimated
million
disabled
health
conditions
approach
toward
independence
supra
see
also
mathematica
policy
research
supra
arriving
similar
estimate
based
census
bureau
data
indeed
number
people
vision
impairments
alone
million
see
national
advisory
eye
council
dept
health
human
services
vision
research
national
plan
ore
million
people
need
corrective
lenses
see
properly
estimated
million
americans
impaired
hearing
national
institutes
health
national
strategic
research
plan
hearing
hearing
impairment
approximately
million
people
high
blood
pressure
hypertension
tindall
stalking
silent
killer
hypertension
business
health
august
million
americans
high
blood
pressure
included
ada
text
finding
million
individuals
disabled
gives
content
ada
terms
specifically
term
disability
congress
intended
include
persons
corrected
physical
limitations
among
covered
act
undoubtedly
cited
much
higher
number
disabled
persons
findings
evidence
ada
coverage
restricted
whose
impairments
mitigated
corrective
measures
dissents
suggest
viewing
individuals
corrected
state
exclude
definition
disab
led
use
prosthetic
limbs
see
post
opinion
stevens
post
opinion
reyer
take
medicine
epilepsy
high
blood
pressure
see
post
opinion
tevens
suggestion
incorrect
use
corrective
device
relieve
one
disability
rather
one
disability
subsection
notwithstanding
use
corrective
device
individual
substantially
limited
major
life
activity
example
individuals
use
prosthetic
limbs
wheelchairs
may
mobile
capable
functioning
society
still
disabled
substantial
limitation
ability
walk
run
may
true
individuals
take
medicine
lessen
symptoms
impairment
function
nevertheless
remain
substantially
limited
alternatively
one
whose
high
blood
pressure
cured
medication
may
regarded
disabled
covered
entity
thus
disabled
subsection
definition
use
nonuse
corrective
device
determine
whether
individual
disabled
determination
depends
whether
limitations
individual
impairment
actually
faces
fact
substantially
limiting
applying
reading
act
case
hand
conclude
appeals
correctly
resolved
issue
disability
respondent
favor
noted
petitioners
allege
corrective
measures
visual
acuity
app
amended
complaint
function
identically
individuals
without
similar
impairment
amended
complaint
addition
petitioners
concede
argue
use
corrective
lenses
demonstrates
substantially
limiting
impairment
brief
petitioners
accordingly
decide
disability
act
determined
reference
corrective
measures
agree
courts
petitioners
stated
claim
substantially
limited
major
life
activity
iv
conclusion
petitioners
failed
state
claim
actually
disabled
subsection
disability
definition
end
inquiry
subsection
individuals
regarded
disability
disabled
within
meaning
ada
see
subsection
provides
disability
includes
regarded
physical
mental
impairment
substantially
limits
one
major
life
activities
individual
two
apparent
ways
individuals
may
fall
within
statutory
definition
covered
entity
mistakenly
believes
person
physical
impairment
substantially
limits
one
major
life
activities
covered
entity
mistakenly
believes
actual
nonlimiting
impairment
substantially
limits
one
major
life
activities
cases
necessary
covered
entity
entertain
misperceptions
individual
must
believe
either
one
substantially
limiting
impairment
one
one
substantially
limiting
impairment
fact
impairment
limiting
misperceptions
often
resul
stereotypic
assumptions
truly
indicative
individual
ability
see
see
also
school
bd
nassau
cty
arline
amending
definition
handicapped
individual
include
actually
physically
impaired
also
regarded
impaired
result
substantially
limited
major
life
activity
congress
acknowledged
society
accumulated
myths
fears
disability
disease
handicapping
physical
limitations
flow
actual
impairment
cfr
pt
app
explaining
purpose
regarded
prong
cover
individuals
rejected
job
myths
fears
stereotypes
associated
disabilities
dispute
petitioners
physically
impaired
petitioners
make
obvious
argument
regarded
due
impairments
substantially
limited
major
life
activity
seeing
contend
respondent
mistakenly
believes
physical
impairments
substantially
limit
major
life
activity
working
support
claim
petitioners
allege
respondent
vision
requirement
allegedly
based
myth
stereotype
requirement
substantially
limits
ability
engage
major
life
activity
working
precluding
obtaining
job
global
airline
pilot
argue
class
employment
see
app
amended
complaint
reply
respondent
argues
position
global
airline
pilot
class
jobs
therefore
petitioners
stated
claim
regarded
substantially
limited
major
life
activity
working
standing
alone
allegation
respondent
vision
requirement
place
establish
claim
respondent
regards
petitioners
substantially
limited
major
life
activity
working
see
brief
respondent
advancing
argument
brief
et
al
amici
curiae
nder
eeoc
regulations
employer
may
make
employment
decisions
based
physical
characteristics
terms
ada
allows
employers
prefer
physical
attributes
others
establish
physical
criteria
employer
runs
afoul
ada
makes
employment
decision
based
physical
mental
impairment
real
imagined
regarded
substantially
limiting
major
life
activity
accordingly
employer
free
decide
physical
characteristics
medical
conditions
rise
level
impairment
one
height
build
singing
voice
preferable
others
free
decide
limiting
substantially
limiting
impairments
make
individuals
less
ideally
suited
job
considering
allegations
amended
complaint
tandem
petitioners
stated
claim
respondent
regards
impairment
substantially
limiting
ability
work
ada
define
substantially
limits
substantially
suggests
considerable
specified
large
degree
see
webster
third
new
international
dictionary
defining
substantially
substantial
manner
substantial
considerable
amount
value
worth
specified
large
degree
main
see
also
oxford
english
dictionary
ed
substantial
elating
proceeding
essence
thing
essential
ample
considerable
amount
quantity
dimensions
eeoc
codified
regulations
interpreting
term
substantially
limits
manner
defining
term
mean
nable
perform
ignificantly
restricted
see
cfr
ii
major
life
activity
consideration
working
statutory
phrase
substantially
limits
requires
minimum
plaintiffs
allege
unable
work
broad
class
jobs
reflecting
requirement
eeoc
uses
specialized
definition
term
substantially
limits
referring
major
life
activity
working
significantly
restricted
ability
perform
either
class
jobs
broad
range
jobs
various
classes
compared
average
person
comparable
training
skills
abilities
inability
perform
single
particular
job
constitute
substantial
limitation
major
life
activity
working
eeoc
identifies
several
factors
courts
consider
determining
whether
individual
substantially
limited
major
life
activity
working
including
geographical
area
individual
reasonable
access
number
types
jobs
utilizing
similar
training
knowledge
skills
abilities
within
geographical
area
individual
also
disqualified
ii
substantially
limited
major
life
activity
working
one
must
precluded
one
type
job
specialized
job
particular
job
choice
jobs
utilizing
individual
skills
perhaps
unique
talents
available
one
precluded
substantial
class
jobs
similarly
host
different
types
jobs
available
one
precluded
broad
range
jobs
parties
accept
term
major
life
activities
includes
working
determine
validity
cited
regulations
note
however
may
conceptual
difficulty
defining
major
life
activities
include
work
seems
argue
circle
say
one
excluded
instance
reason
impairment
working
others
exclusion
constitutes
impairment
question
asking
whether
exclusion
reason
handicap
tr
oral
arg
school
bd
nassau
arline
argument
solicitor
general
indeed
even
eeoc
expressed
reluctance
define
major
life
activities
include
working
suggested
working
viewed
residual
life
activity
considered
last
resort
individual
substantially
limited
respect
major
life
activity
cfr
pt
app
emphasis
added
individual
substantially
limited
major
life
activity
determination
made
whether
individual
substantially
limited
working
emphasis
added
assuming
without
deciding
working
major
life
activity
eeoc
regulations
interpreting
term
substantially
limits
reasonable
petitioners
failed
allege
adequately
poor
eyesight
regarded
impairment
substantially
limits
major
life
activity
working
allege
respondent
regards
poor
vision
precluding
holding
positions
global
airline
pilot
see
app
amended
complaint
position
global
airline
pilot
single
job
allegation
support
claim
respondent
regards
petitioners
substantially
limiting
impairment
see
cfr
inability
perform
single
particular
job
constitute
substantial
limitation
major
life
activity
working
indeed
number
positions
utilizing
petitioners
skills
regional
pilot
pilot
instructor
name
available
even
eeoc
interpretative
guidance
petitioners
ask
us
defer
individual
commercial
airline
pilot
minor
vision
impairment
commercial
airline
pilot
courier
service
substantially
limited
major
life
activity
working
cfr
pt
app
petitioners
also
argue
one
assume
substantial
number
airline
carriers
similar
vision
requirements
substantially
limited
major
life
activity
working
see
brief
petitioners
even
assuming
sake
argument
adoption
similar
vision
requirements
carriers
represent
substantial
limitation
major
life
activity
working
argument
nevertheless
flawed
enough
say
physical
criteria
single
employer
imputed
similar
employers
one
regarded
substantially
limited
major
life
activity
working
result
imputation
otherwise
valid
job
requirement
height
requirement
become
invalid
simply
limit
person
employment
opportunities
substantial
way
adopted
substantial
number
employers
petitioners
alleged
demonstrate
respondent
vision
requirement
reflects
belief
petitioners
vision
substantially
limits
agree
decision
appeals
affirming
dismissal
petitioners
claim
regarded
disabled
reasons
decision
appeals
tenth
circuit
affirmed
ordered
karen
sutton
kimberly
hinton
petitioners
air
lines
writ
certiorari
appeals
tenth
circuit
june
justice
ginsburg
concurring
agree
reach
legions
people
correctable
disabilities
strongest
clues
congress
perception
domain
americans
disabilities
act
ada
see
legislative
findings
americans
one
physical
mental
disabilities
individuals
disabilities
discrete
insular
minority
persons
subjected
history
purposeful
unequal
treatment
relegated
position
political
powerlessness
society
declarations
inconsistent
enormously
embracing
definition
disability
petitioners
urge
demonstrates
see
ante
inclusion
correctable
disabilities
within
ada
domain
extend
act
coverage
far
million
people
persons
whose
uncorrected
eyesight
poor
rely
daily
medication
found
every
social
economic
class
cluster
among
politically
powerless
coalesce
historical
victims
discrimination
short
sensible
way
one
rank
large
numbers
diverse
individuals
corrected
disabilities
discrete
insular
minority
mean
suggest
constitutional
presumptions
doctrines
may
apply
discrete
insular
minorities
contexts
relevant
constitutional
dimension
case
congress
use
phrase
however
telling
indication
intent
restrict
ada
coverage
confined
historically
disadvantaged
class
karen
sutton
kimberly
hinton
petitioners
air
lines
writ
certiorari
appeals
tenth
circuit
june
justice
stevens
justice
breyer
joins
dissenting
enacted
americans
disabilities
act
congress
certainly
intend
require
air
lines
hire
unsafe
unqualified
pilots
likelihood
view
every
person
wears
glasses
member
discrete
insular
minority
indeed
reason
legislative
myopia
may
foreseen
definition
disability
might
theoretically
encompass
americans
perhaps
two
three
times
number
nevertheless
apply
customary
tools
statutory
construction
quite
clear
threshold
question
whether
individual
disabled
within
meaning
act
therefore
entitled
basic
assurances
act
affords
focuses
past
present
physical
condition
without
regard
mitigation
resulted
rehabilitation
prosthetic
devices
medication
one
might
reasonably
argue
general
rule
apply
impairment
merely
requires
nearsighted
person
wear
glasses
believe
order
faithful
remedial
purpose
act
give
generous
rather
miserly
construction
really
two
parts
question
statutory
construction
presented
case
first
question
whether
determination
disability
people
congress
unquestionably
intended
cover
focus
unmitigated
mitigated
condition
correct
answer
question
one
provided
eight
nine
federal
courts
appeals
address
issue
three
executive
agencies
issued
regulations
interpretive
bulletins
construing
statute
namely
statute
defines
disability
without
regard
ameliorative
measures
still
necessary
decide
whether
general
rule
applied
might
characterized
minor
trivial
impairment
arnold
parcel
service
holding
unmitigated
state
determinative
suggesting
might
reach
different
result
case
simple
inexpensive
remedy
eyeglasses
available
provide
total
relatively
permanent
control
symptoms
see
also
washington
hca
health
cert
pending
shall
therefore
first
consider
impairments
congress
surely
mind
turning
special
facts
case
cases
statutory
construction
task
interpret
words
statute
light
purposes
congress
sought
serve
chapman
houston
welfare
rights
organization
congress
expressly
provided
purpose
ada
provide
clear
comprehensive
national
mandate
elimination
discrimination
individuals
disabilities
end
ada
prohibits
covered
employers
discriminat
ing
qualified
individual
disability
disability
regard
terms
conditions
privileges
employment
emphasis
added
act
definition
disability
drawn
almost
verbatim
rehabilitation
act
bragdon
abbott
ada
definition
provides
term
disability
means
respect
individual
physical
mental
impairment
substantially
limits
one
major
life
activities
individual
record
impairment
regarded
impairment
three
parts
definition
identify
mutually
exclusive
discrete
categories
contrary
furnish
three
overlapping
formulas
aimed
ensuring
individuals
ever
substantially
limiting
impairment
covered
act
example
rather
common
condition
illustrates
point
many
individuals
lost
one
limbs
industrial
accidents
perhaps
service
country
places
like
iwo
jima
aid
prostheses
coupled
courageous
determination
physical
therapy
many
hardy
individuals
perform
major
life
activities
efficiently
average
couch
potato
act
concerned
present
ability
participate
society
many
individuals
physical
impairments
viewed
disabilities
similarly
statute
solely
concerned
whether
individuals
viewed
disabled
whether
majority
employers
regarded
unable
perform
jobs
many
individuals
lack
statutory
protection
discrimination
based
prostheses
sweep
statute
definition
however
makes
pellucidly
clear
congress
intended
act
cover
persons
fact
prosthetic
device
artificial
leg
restored
one
ability
perform
major
life
activities
surely
mean
subsection
definition
inapplicable
fact
individual
considers
actually
cured
prospective
employer
considers
generally
employable
mean
subsections
inapplicable
emphasis
present
indicative
verb
form
used
subsection
ante
subsection
presumably
apply
focus
individual
presen
potentia
hypothetica
condition
ibid
whether
person
precluded
broad
range
jobs
ante
subsections
presumably
apply
view
employer
refuses
hire
individual
prosthesis
prosthesis
way
affects
ability
job
employer
unquestionably
discriminated
individual
violation
act
subsection
definition
fact
sheds
revelatory
light
question
whether
congress
concerned
corrected
mitigated
status
person
impairment
correct
disability
exists
person
present
actual
condition
substantially
impaired
ante
reason
include
protected
class
disabled
fully
recovered
subsection
act
definition
however
plainly
covers
person
previously
serious
hearing
impairment
since
completely
cured
see
school
bd
nassau
cty
arline
still
correctly
understand
opinion
holds
one
continues
wear
hearing
aid
worn
life
might
covered
fully
cured
impairments
covered
merely
treatable
ones
text
act
surely
require
bizarre
result
three
prongs
statute
rather
plausibly
read
together
inquire
whether
person
currently
functionally
limited
major
life
activity
existence
impairment
present
past
substantially
limits
limit
individual
amelioration
reading
avoids
counterintuitive
conclusion
ada
safeguards
vanish
individuals
make
employable
ascertaining
ways
overcome
physical
mental
limitations
extent
may
doubt
concerning
meaning
statutory
text
ambiguity
easily
removed
looking
legislative
history
justice
rehnquist
stated
garcia
surveying
legislative
history
repeatedly
stated
authoritative
source
finding
legislature
intent
lies
committee
reports
bill
represen
considered
collective
understanding
congressmen
involved
drafting
studying
proposed
legislation
quoting
zuber
allen
committee
reports
bill
became
ada
make
abundantly
clear
congress
intended
ada
cover
individuals
perform
major
life
activities
help
ameliorative
measures
ada
originated
senate
senate
report
whether
person
disability
assessed
without
regard
availability
mitigating
measures
reasonable
accommodations
auxiliary
aids
report
explained
discussing
regarded
prong
important
goal
third
prong
disability
definition
ensure
persons
medical
conditions
control
therefore
currently
limit
major
life
activities
discriminated
basis
medical
conditions
example
individuals
controlled
diabetes
epilepsy
often
denied
jobs
qualified
denials
result
negative
attitudes
misinformation
legislation
considered
house
representatives
committees
reiterated
senate
basic
understanding
act
coverage
one
minor
modification
clarified
correctable
controllable
disabilities
covered
first
definitional
prong
well
report
house
committee
judiciary
discussing
first
prong
determining
whether
individual
impairment
substantially
limits
major
life
activity
impairment
assessed
without
considering
whether
mitigating
measures
auxiliary
aids
reasonable
accommodations
result
limitation
pt
iii
report
continues
person
epilepsy
impairment
substantially
limits
major
life
activity
covered
test
person
poor
hearing
even
hearing
loss
corrected
use
hearing
aid
report
house
committee
education
labor
likewise
hether
person
disability
assessed
without
regard
availability
mitigating
measures
reasonable
accommodations
auxiliary
aids
pt
ii
make
matters
perfectly
plain
report
adds
example
person
hard
hearing
substantially
limited
major
life
activity
hearing
even
though
loss
may
corrected
use
hearing
aid
likewise
persons
impairments
epilepsy
diabetes
substantially
limit
major
life
activity
covered
first
prong
definition
disability
even
effects
impairment
controlled
medication
ibid
emphasis
added
reports
indeed
replete
references
understanding
act
protected
class
includes
individuals
various
medical
conditions
ordinarily
perfectly
correctable
medication
treatment
see
citing
approval
straithe
department
transportation
held
individual
poor
hearing
handicapped
rehabilitation
act
even
though
hearing
corrected
hearing
aid
pt
iii
term
disability
includes
epilepsy
heart
disease
diabetes
pt
iii
listing
impairments
addition
three
executive
agencies
charged
implementing
act
consistently
interpreted
act
mandating
presence
disability
turns
individual
uncorrected
state
traditionally
accorded
respect
views
agencies
played
pivotal
role
setting
statutory
machinery
motion
ford
motor
credit
milhollin
brackets
original
internal
quotation
marks
citation
omitted
least
interpretations
constitute
body
experience
informed
judgment
may
properly
resort
additional
guidance
skidmore
swift
see
also
bragdon
invoking
maxim
regard
equal
employment
opportunity
commission
eeoc
interpretation
ada
eeoc
interpretive
guidance
provides
determination
whether
individual
substantially
limited
major
life
activity
must
made
case
case
basis
without
regard
mitigating
measures
medicines
assistive
prosthetic
devices
cfr
pt
app
eeoc
explains
individual
uses
artificial
legs
substantially
limited
major
life
activity
walking
individual
unable
walk
without
aid
prosthetic
devices
similarly
diabetic
without
insulin
lapse
coma
substantially
limited
individual
perform
major
life
activities
without
aid
medication
ibid
department
justice
reached
conclusion
regulations
provide
question
whether
person
disability
assessed
without
regard
availability
mitigating
measures
reasonable
modification
auxiliary
aids
services
cfr
pt
app
department
transportation
issued
regulation
adopting
definition
disability
see
cfr
pt
judgment
committee
reports
uniform
agency
regulations
merely
confirm
message
conveyed
text
act
least
insofar
applies
impairments
loss
limb
inability
hear
condition
diabetes
substantially
limiting
without
medication
act
generally
protects
individuals
correctable
substantially
limiting
impairments
unjustified
employment
discrimination
basis
impairments
question
whether
fact
congress
specifically
concerned
protecting
class
included
persons
characterized
discrete
insular
minority
estimated
class
include
americans
means
construe
term
disability
exclude
individuals
impairments
congress
probably
mind
ii
eeoc
maintains
order
remain
allegiant
act
structure
purpose
courts
always
answer
question
whether
individual
disability
without
regard
mitigating
measures
individual
takes
ameliorate
effects
impairment
brief
eeoc
amicus
curiae
nothing
poor
vision
eeoc
interprets
act
justify
adopting
different
rule
case
ibid
narrow
reading
term
disability
necessary
order
avoid
danger
act
might
otherwise
force
hire
pilots
might
endanger
lives
passengers
make
good
sense
use
americans
finding
confine
coverage
however
danger
case
person
disabled
within
meaning
act
still
prevail
claim
discrimination
unless
prove
employer
took
action
impairment
without
reasonable
accommodation
perform
essential
functions
job
commercial
airline
pilot
see
even
employer
may
avoid
liability
shows
criteria
uncorrected
visual
acuity
least
consistent
business
necessity
vision
even
correctable
pose
health
safety
hazard
case
words
whether
petitioners
genuinely
qualified
whether
perform
job
airline
pilot
without
posing
undue
safety
risk
case
raises
threshold
question
whether
petitioners
members
ada
protected
class
simply
asks
whether
ada
lets
petitioners
door
way
age
discrimination
employment
act
every
person
least
years
old
see
title
vii
civil
rights
act
every
single
individual
work
force
inside
door
lies
nothing
basic
protection
irrational
unjustified
discrimination
characteristic
beyond
person
control
hence
particular
case
core
whether
assuming
petitioners
prove
qualified
airline
duty
come
forward
legitimate
explanation
refusing
hire
uncorrected
eyesight
whether
ada
leaves
airline
free
decline
hire
petitioners
basis
even
acting
purely
basis
irrational
fear
stereotype
think
quite
wrong
confine
coverage
act
simply
interpretation
disability
adheres
congress
method
defining
class
intended
benefit
may
also
provide
protection
significantly
larger
numbers
individuals
ante
estimated
act
findings
long
familiar
canon
statutory
construction
remedial
legislation
construed
broadly
effectuate
purposes
tcherepnin
knight
congress
sought
enacting
ada
provide
comprehensive
national
mandate
discrimination
individuals
disabilities
ada
following
lead
rehabilitation
act
seeks
implement
mandate
encouraging
employers
replace
reflexive
reactions
actual
perceived
handicaps
actions
based
medically
sound
judgments
arline
even
authorized
agency
interpret
statutory
structure
pick
choose
certain
correctable
impairments
congress
meant
exclude
mandate
congress
surely
authorized
us
faced
classes
individuals
types
discrimination
fall
outside
core
prohibitions
statutes
consistently
construed
statutes
include
comparable
evils
within
coverage
even
particular
evil
issue
beyond
congress
immediate
concern
passing
legislation
congress
instance
focused
almost
entirely
problem
discrimination
enacted
title
vii
civil
rights
act
see
steelworkers
weber
narrow
focus
possibly
justify
construction
statute
excluded
protection
later
decided
ironically
enough
relying
legislative
history
according
great
deference
eeoc
interpretation
caucasians
see
mcdonald
santa
fe
trail
transp
unanimously
applied
method
interpretation
last
term
respect
construing
title
vii
cover
claims
sexual
harassment
oncale
sundowner
offshore
services
explained
holding
follows
courts
observed
sexual
harassment
workplace
assuredly
principal
evil
congress
concerned
enacted
title
vii
statutory
prohibitions
often
go
beyond
principal
evil
cover
reasonably
comparable
evils
ultimately
provisions
laws
rather
principal
concerns
legislators
governed
title
vii
prohibits
discriminat
ion
sex
terms
conditions
employment
holding
includes
sexual
harassment
must
extend
sexual
harassment
kind
meets
statutory
requirements
approach
applies
outside
discrimination
context
well
northwestern
bell
telephone
rejected
argument
racketeer
influenced
corrupt
organization
act
rico
construed
cover
organized
crime
congress
included
findings
act
preamble
emphasizing
problem
see
pub
stat
surveying
rico
legislative
history
concluded
even
though
occasion
congress
action
perceived
need
combat
organized
crime
congress
cogent
reasons
chose
enact
general
statute
one
although
organized
crime
focus
limited
application
organized
crime
approach
followed
oncale
visual
impairments
judged
standard
hearing
impairments
medically
controllable
condition
nature
discrimination
alleged
character
treated
accordingly
indeed
seems
eminently
within
purpose
policy
ada
require
employers
make
hiring
firing
decisions
based
individuals
uncorrected
vision
clarify
example
uncorrected
vision
better
valid
job
requirement
long
employer
explicitly
makes
decision
based
impairment
condition
substantially
limiting
matters
structure
act
whether
impairment
widely
shared
rare
seriously
misunderstood
either
way
individual
impairment
covered
purpose
ada
protected
irrational
stereotypes
unjustified
disparate
treatment
basis
mean
suggest
course
ada
read
prohibit
discrimination
basis
say
blue
eyes
deformed
fingernails
heights
less
six
feet
conditions
extent
even
impairments
substantially
limit
individuals
condition
thus
different
kind
impairment
case
us
eyesight
enhanced
glasses
substantially
limiting
vision
one
better
eye
without
treatment
significant
hindrance
two
percent
population
suffers
myopia
acuity
precludes
person
driving
shopping
public
store
viewing
computer
screen
reasonable
distance
uncorrected
vision
therefore
substantially
limiting
way
unmedicated
epilepsy
diabetes
congress
obviously
intended
include
individuals
latter
impairments
act
protected
class
give
petitioners
protection
iii
disagree
logic
ada
requires
petitioner
visual
impairment
judged
correctable
conditions
instead
including
petitioners
within
act
umbrella
however
decides
opinion
companion
expel
individuals
using
measures
mitigate
impairment
ante
able
overcome
substantial
limitations
regarding
major
life
activities
instance
holds
severe
hypertension
substantially
limiting
without
medication
disability
murphy
parcel
service
post
perhaps
even
remarkably
indicates
directly
contrary
act
legislative
history
see
supra
diabetes
controlled
insulin
treatments
disability
either
ante
claims
rule
necessary
avoid
requiring
courts
speculate
person
hypothetical
condition
preserve
act
focus
making
individualized
inquiries
whether
person
disabled
ante
also
asserts
rejection
general
rule
viewing
individuals
unmitigated
state
prevents
distorting
scope
act
protected
class
cover
much
higher
number
persons
congress
estimated
findings
suspect
cowed
respondent
persistent
argument
viewing
individuals
unmitigated
state
lead
tidal
wave
lawsuits
none
reasoning
however
justifies
construction
act
obviously
deprive
many
congress
intended
beneficiaries
legal
protection
affords
agencies
approach
repeatedly
contends
create
system
persons
often
must
treated
members
group
people
similar
impairments
rather
individuals
contrary
letter
spirit
ada
ante
mantra
regarding
act
individualized
approach
however
fails
support
holding
agree
letter
spirit
ada
designed
deter
decision
making
based
group
stereotypes
agencies
interpretation
act
lead
result
require
courts
speculate
people
hypothetical
conditions
viewing
person
unmitigated
state
simply
requires
examining
individual
abilities
different
state
abilities
every
person
shares
similar
condition
easy
individually
test
petitioners
eyesight
glasses
glasses
ironically
approach
actually
condones
treating
individuals
merely
members
groups
misdirected
approach
permits
employer
dismiss
hand
every
person
uncorrected
eyesight
worse
without
regard
specific
qualifications
individuals
extent
abilities
overcome
impairment
much
way
approach
seem
allow
employer
refuse
hire
every
person
epilepsy
diabetes
controlled
medication
every
person
functions
efficiently
prosthetic
limb
reasoning
employer
apparently
refuse
hire
persons
impairments
substantially
limited
even
medication
see
ante
exception
perverse
still
since
purpose
ada
dismantle
employment
barriers
based
society
accumulated
myths
fears
see
arline
especially
ironic
deny
protection
persons
substantially
limiting
impairments
corrected
render
fully
able
employable
insofar
assumes
majority
individuals
impairments
prosthetic
limbs
epilepsy
still
covered
approach
substantially
limited
notwithstanding
use
corrective
device
ante
respectfully
disagree
empirical
matter
although
course
true
individuals
substantially
limited
condition
congress
enacted
ada
part
individuals
ordinarily
substantially
limited
mitigated
condition
rather
often
victims
stereotypic
assumptions
truly
indicative
individual
ability
individuals
participate
contribute
society
also
suggested
treat
disabilities
impairments
may
mitigated
measures
ordinary
expedient
wearing
eyeglasses
flood
litigation
ensue
suggestion
misguided
although
vision
critical
importance
airline
pilots
segments
economy
whether
employee
wears
glasses
uses
several
mitigating
measures
matter
complete
indifference
employers
difficult
envision
many
situations
qualified
employee
needs
glasses
perform
job
might
fired
statute
requires
fact
see
well
without
proposition
ridiculous
case
hand
accounting
firm
example
adopted
guideline
refusing
hire
incoming
accountant
uncorrected
vision
less
token
person
unable
without
medication
avoid
seizures
rule
seem
essence
invidious
discrimination
case
quality
petitioners
uncorrected
vision
relevant
airline
regards
ability
see
without
glasses
employment
qualification
pilots
presumably
insist
qualification
unless
sound
business
justification
issue
address
today
regards
petitioners
unqualified
see
well
without
glasses
seems
eminently
fair
also
use
uncorrected
vision
basis
evaluating
petitioners
life
activity
seeing
agencies
approach
individuals
poor
eyesight
correctable
impairments
course
able
file
lawsuits
claiming
discrimination
basis
yet
individuals
already
file
employment
discrimination
claims
based
race
sex
religion
provided
least
years
old
age
congress
never
seen
reason
restrict
classes
antidiscrimination
coverage
indeed
hard
believe
providing
individuals
one
antidiscrimination
protection
make
file
baseless
vexatious
lawsuits
extent
concerned
requiring
employers
answer
litigation
every
employment
practice
draws
distinctions
based
physical
attributes
anxiety
addressed
case
one
presents
issue
regarding
employers
affirmative
defenses
end
left
tenacious
grip
congress
finding
americans
one
physical
mental
disabilities
figure
legislative
history
extrapolated
law
review
article
authored
drafter
original
ada
bill
introduced
congress
ante
previously
observed
statement
congressional
findings
rather
thin
reed
upon
base
statutory
construction
national
organization
women
scheidler
even
noted
readily
agree
agencies
approach
act
extend
coverage
number
people
although
lofty
estimates
see
ante
may
inflated
appear
exclude
impairments
substantially
limiting
equally
undeniable
however
million
fixed
cap
act
protected
class
including
record
regarded
categories
congress
fully
expected
act
protect
individuals
lack
words
actual
disabilities
therefore
counted
number
mining
depths
history
million
figure
surveying
even
agency
reports
predate
drafting
case
controlling
legislation
fails
acknowledge
narrow
approach
may
perverse
effect
denying
coverage
sizeable
portion
core
group
million
appears
exclude
act
protected
class
individuals
controllable
conditions
diabetes
severe
hypertension
expressly
understood
substantially
limiting
impairments
act
committee
reports
see
supra
even
margin
shows
studies
produced
million
figure
given
inability
make
million
figure
fit
consistent
method
interpreting
word
disabled
far
wiser
follow
least
mention
documents
reflecting
congress
contemporaneous
understanding
term
committee
reports
actual
legislation
iv
occupational
hazards
characterize
many
trades
farsighted
pilot
may
much
trouble
seeing
instrument
panel
near
sighted
pilot
identifying
safe
place
land
vision
appellate
judges
sometimes
subconsciously
obscured
concern
decision
legalize
issues
best
left
private
sphere
magnify
work
judiciary
see
jackson
virginia
stevens
dissenting
although
concerns
may
help
explain
decision
chart
course
rather
follow
one
well
marked
congress
overwhelming
consensus
circuit
judges
executive
officials
charged
responsibility
administering
ada
surely
justify
crabbed
vision
territory
covered
important
statute
accordingly
although
express
opinion
ultimate
merits
petitioners
claim
persuaded
disability
covered
ada
therefore
respectfully
dissent
karen
sutton
kimberly
hinton
petitioners
air
lines
writ
certiorari
appeals
tenth
circuit
june
justice
breyer
dissenting
must
draw
statutory
line
either
include
within
category
persons
authorized
bring
suit
americans
disabilities
act
congress
may
wanted
protect
wear
ordinary
eyeglasses
exclude
threshold
category
congress
certainly
want
protect
successfully
use
corrective
devices
medicines
hearing
aids
prostheses
medicine
epilepsy
faced
dilemma
statute
language
structure
basic
purposes
history
require
us
choose
former
statutory
line
justice
stevens
whose
opinion
join
well
explains
add
generous
choice
threshold
led
many
lawsuits
ultimately
proved
without
merit
otherwise
drew
much
time
attention
away
congress
clearly
sought
protect
remedy
equal
employment
opportunity
commission
eeoc
regulation
might
draw
finer
definitional
lines
excluding
wear
eyeglasses
say
certain
vision
impairments
readily
find
corrective
lenses
thereby
cabining
overly
broad
extension
statute
majority
fears
majority
questions
whether
eeoc
majority
uncertain
whether
eeoc
possesses
typical
agency
authority
respect
statute
definitions
see
ante
majority
poses
question
section
statute
says
eeoc
shall
issue
regulations
also
says
regulations
carry
subchapter
namely
employment
subchapter
section
statute
contains
definition
disability
precedes
subchapter
employment
subchapter
specifically
refers
emphasis
added
nonetheless
employment
subchapter
subchapter
includes
provisions
use
defined
terms
example
provision
forbids
discriminat
ing
qualified
individual
disability
disability
eeoc
might
elaborate
regulations
meaning
disability
provision
elaboration
needed
order
carry
substantive
provisions
subchapter
eeoc
regulation
elaborated
meaning
use
word
disability
fall
within
scope
basic
definitional
provision
also
substantive
provisions
later
subchapter
word
disability
appears
places
reason
believe
congress
wanted
deny
eeoc
power
issue
regulation
least
regulation
consistent
earlier
statutory
definition
relevant
interpretations
enforcement
agencies
physical
location
definitional
section
seems
reflect
drafting
stylistic
substantive
objectives
pick
choose
among
subchapter
words
eeoc
power
explain
inhibit
development
law
coherently
interprets
important
statute
footnotes
see
bartlett
new
york
state
bd
law
examiners
cert
pending
washington
hca
health
servs
texas
cert
pending
baert
euclid
beverage
arnold
parcel
service
matcza
frankford
candy
chocolate
doane
omaha
harris
contracting
holihan
lucky
stores
sixth
circuit
decision
read
expressing
doubt
majority
rule
see
gilday
mecosta
county
kennedy
concurring
part
dissenting
part
guy
concurring
part
dissenting
part
sole
holding
contrary
line
authority
tenth
circuit
opinion
affirms
today
house
decision
cover
correctable
impairments
subsection
statute
seems
retrospect
deliberate
wise
much
structure
house
reports
borrowed
senate
report
thus
appears
house
committees
consciously
decided
move
discussion
mitigating
measures
adjustment
prudent
case
employer
refuses
animus
fear
hire
individual
condition
epilepsy
employer
knows
controlled
may
difficult
determine
whether
employer
viewing
individual
uncorrected
state
regards
substantially
limited
one
notable
exception
use
method
interpretation
occurred
decision
general
elec
gilbert
majority
rejected
eeoc
guideline
heavy
weight
authority
federal
courts
appeals
order
hold
title
vii
prohibit
discrimination
basis
conditions
given
fact
congress
swiftly
overruled
decision
pregnancy
discrimination
act
stat
submit
views
expressed
dissenting
opinions
case
opinion
brennan
opinion
stevens
followed
today
roberts
binocular
visual
acuity
adults
national
center
health
statistics
series
department
health
welfare
much
reason
concern
agencies
approach
lead
anomalous
result
courts
ignore
negative
side
effects
suffered
individual
resulting
use
mitigating
measures
ante
misplaced
seems
safe
assume
individuals
take
medication
substantially
limits
major
life
activity
substantially
limited
way
take
medication
examples
psychosis
parkinson
disease
epilepsy
certainly
support
presumption
extent
certain
people
may
substantially
limited
taking
mitigating
measures
might
fairly
said
contagiousness
symptomatic
disability
individual
contagiousness
physical
impairment
may
result
underlying
condition
school
bd
nassau
cty
arline
side
effects
symptomatic
disability
side
effects
physical
impairment
may
flow
underlying
condition
see
national
council
disability
toward
independence
hypertension
dept
commerce
bureau
census
disability
functional
limitation
health
insurance
coverage
hypertension
diabetes
national
institute
disability
rehabilitation
research
data
disability
national
health
interview
survey
epilepsy
diabetes
hypertension
dept
commerce
bureau
census
statistical
abstract
tables
diabetes
hypertension
mathematica
policy
research
digest
data
persons
disabilities
hypertension
diabetes