What if medicine or some other “mitigating measure” can be taken to eliminate the disability? Is an individual still deemed disabled under the Act?
In 1999, the United States Supreme Court determined that use of “mitigating measures,” such as medication, glasses, or prosthesis, or the use of “mitigating behaviors,” must be considered in assessing whether a person has a disability under the ADA. Although each individual’s needs must be assessed on a case-by-case basis, the Court concluded that mitigating measures or behaviors that alleviate a disability could result in a finding of no disability and therefore no requirement to provide accommodation. A faculty member refuses to allow a student with a disability to tape record her class. May a faculty member, or any university employee, refuse to honor an accommodation found to be reasonable by the university administration? No. An accommodation is required pursuant to federal statute. There is a statutory obligation on the part of the university to provide the accommodation once it has been determined to be reasonable.
Related Questions
- What if medicine or some other "mitigating measure" can be taken to eliminate the disability? Is an individual still deemed disabled under the Act?
- Does an individual have to be permanently disabled in order to receive Social Security disability benefits?
- What does a disabled individual need to do in order to apply for Social Security disability benefits?
