Sutton Misconstrued: Why the ADA Should Now Permit Employers to Make Their Employees Disabled

34 Pages Posted: 11 Sep 2011  

Kevin L. Cope

University of Virginia School of Law

Date Written: July 1, 2004

Abstract

Due to the unique nature of Americans with Disabilities Act (ADA) employment discrimination analysis, the notion that a defendant must accept the status quo of the party it injures is not so straightforward in the context of the ADA. Contrary to several federal court holdings and scholarly arguments, employees have no duty to mitigate their disabilities as a prerequisite to ADA protection. Moreover, the lack of a duty to mitigate principle necessarily implies that employers who deprive their employees of mitigation opportunities can inadvertently render their employees legally disabled, thereby, ironically, affording them ADA protection.

Keywords: Americans with Disabilities Act, ADA, employment discrimination, employment, employment law, disability law

Suggested Citation

Cope, Kevin L., Sutton Misconstrued: Why the ADA Should Now Permit Employers to Make Their Employees Disabled (July 1, 2004). Northwestern University Law Review, Vol. 98, p. 463, 2004. Available at SSRN: https://ssrn.com/abstract=1924404

Kevin L. Cope (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
WB302E
Charlottesville, VA 22903
United States

HOME PAGE: http://www.kevinlcope.com

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