The Americans with 'Certain' Disabilities Act: Title I of the ADA and the Supreme Court's Result Oriented Jurisprudence

Abstract

Part I of this Article provides a review of the Sutton, Murphy, and Kirkingburg decisions. Part II addresses the connections and conflicts between the Court's interpretation of the definition of "disability" and the legislative history of the ADA, agency interpretations, and prior cases. Part II also discusses the same conflicts concerning the Court's interpretation of the ADA's "regarded as" having a disability provision. Part III examines the Court's novel statutory construction in the trio of cases and compares it with generally applicable methods of statutory construction. Part III also analyzes the Court's approach in light of its previous decisions regarding deference to administrative agency interpretations. Parts II and III demonstrate the apparently result/policy oriented nature of the Court's approach. Finally, Part IV explores the options remaining for individuals who are no longer "disabled" under the Court's approach in Sutton, Murphy, and Kirkingburg.

Keywords: ADA, Americans With Disabilities Act, Discrimination, Disability, Supreme Court