The sixth rule of construction is a big one. It states:
The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures. However, the ameliorative effects of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity.
This means that if a person has access to and uses either a medication or a device that alleviates the effects of the disability, that person’s disability still exists. For example, a person who is able to fully control his or her seizures with medication still has a seizure disorder. Likewise, a person who is able to stand with crutches or a standing frame, still has a mobility impairment. The fact that a device or medication can control the effects of a disability does not mean that the person no longer has that disability.
Likewise, job accommodations work to remove the effects of a disability in the workplace. Because the effects of a disability are alleviated to any extent, it does not mean that the disability no longer exists. Therefore, the person has an impairment that substantially limits a major life activity and that disability is covered under the Americans with Disabilities Act.
The exception to this is ordinary eyeglasses and contact lenses. If a person’s vision is corrected by ordinary corrective lenses, that person’s vision impairment is not considered to substantially limit a major life activity and, therefore, that person is not considered to have a disability under the Act.
While the ADAAA lists many mitigating measures in its appendix, this list is not considered to be exhaustive and the basic principle continues to be that the effects of mitigating measures is not to be considered when determining whether or not a person has a disability.
Annette Bourbonniere
401-846-1960
Fax: 401-846-1944
Twitter: @AccessInclude
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