May the ameliorative effects of mitigating measures be taken into account when determining whether an impairment is substantially limiting?
No. With one exception, the ADAAA specifically prohibits consideration of the ameliorative effects of mitigating measures when assessing whether an impairment substantially limits a major life activity. This means, for example, that the ameliorative effects of the insulin a person uses must NOT be considered when determining whether that person’s diabetes is a disability. The one exception to this rule is the use of “ordinary eyeglasses or contact lenses.” The ADAAA expressly requires consideration of the ameliorative effects of “ordinary eyeglasses or contact lenses” when assessing whether impairment substantially limits a major life activity. This means that when determining whether a person is substantially limited in the major life activity of seeing, the person’s vision should be assessed in its corrected state when using such eyeglasses or contact lenses.
