ADA Policy Brief Series #11: The Role of Mitigating Measures in the Narrowing of the ADA's Coverage

March 17, 2003

SCOPE AND PURPOSE:

In an abrupt break from the legislative history of the Americans with Disabilities Act, the position of the executive agencies responsible for enforcing the ADA, and the prior rulings of eight of the nine federal courts of appeal that had addressed the issue, the Supreme Court decided that mitigating measures should be considered in determining whether an individual has a disability under the ADA. This policy brief examines the function and types of ameliorating measures, the prior near-consensus that such measures should not be interjected into the determination of disability, the Supreme Court’s decisions on the issue, and the repercussions of the Court’s position.