{"id":38077,"date":"2008-03-26T16:35:41","date_gmt":"2008-03-26T21:35:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/uncategorized\/when-mitigating-measures-may-be-considered-in-determining.html"},"modified":"2008-03-26T16:35:41","modified_gmt":"2008-03-26T21:35:41","slug":"when-mitigating-measures-may-be-considered-in-determining","status":"publish","type":"corporate","link":"https:\/\/corporate.findlaw.com\/litigation-disputes\/when-mitigating-measures-may-be-considered-in-determining.html","title":{"rendered":"When “Mitigating Measures” may be Considered in Determining Disability"},"content":{"rendered":"
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Washington v. HCA Health Services of Texas, No. 97-20310, 1998 U.S. App. LEXIS 21551 (5th Cir, September 3, 1998).<\/i><\/b>

In this case, the Fifth Circuit addressed a novel issue under the ADA that has yet to be resolved by the Supreme Court: in determining whether an individual is "disabled" under the ADA, whether the condition at issue be assessed with or without mitigating measures such as medication. The Fifth Circuit adopted the position of the EEOC, that an individual should be assessed in his unmedicated condition in order to determine whether the individual is "disabled" within the meaning of the ADA. Although the Court considered it "more reasonable" to take the mitigating measures into account, it ultimately decided to follow the EEOC guidelines and legislative history of the ADA. It narrowed its holding, however, only to apply to ailments analogous to those specifically mentioned in the EEOC guidelines, namely diabetes, epilepsy and hearing impairments. Conversely, if the mitigating measures are "permanent corrections," such as artificial joints or transplanted organs, then the Court will consider them in assessing whether an individual is disabled.<\/p><\/div>","protected":false},"excerpt":{"rendered":"

In this case, the Fifth Circuit addressed a novel issue under the ADA that has yet to be resolved by the Supreme Court: in determining whether an individual is “disabled” under the ADA, whether the condition at issue be assessed with or without …<\/p>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_categories":[6522,6526,6520],"class_list":["post-38077","corporate","type-corporate","status-publish","hentry","corporate_categories-litigation-disputes__civil-litigation","corporate_categories-litigation-disputes__civil-litigation__civil-rights","corporate_categories-litigation-disputes"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate\/38077","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=38077"}],"wp:term":[{"taxonomy":"corporate_categories","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_categories?post=38077"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}