Texas Wesleyan Law Review
The Untenable Stricture: Pre-Mitigation Measurement Serves To Deny Protection Under the Americans With Disabilities Act
In order to secure equality and these inalienable rights, the people of the United States have established a constitution, amendments thereto, and supporting legislation. Congress sought to insure disabled individuals equality in the workplace through the enactment of the Rehabilitation Act of 1973 ("Rehabilitation Act"), specifically, section 504 ("section 504") and Title I of the Americans with Disabilities Act ("ADA"). Congress intended that these Acts create opportunities for the disabled and reduce the discrimination, whether expressed or not, faced by an isolated group of individuals in the population. This Comment questions some courts' interpretation and application of these statutes. In particular, it questions the lack of harmony among courts in defining and measuring disabilities and limitations under the ADA and section 504 of the Rehabilitation Act.
William B. Shellhorse,
The Untenable Stricture: Pre-Mitigation Measurement Serves To Deny Protection Under the Americans With Disabilities Act,
Tex. Wesleyan L. Rev.
Available at: https://doi.org/10.37419/TWLR.V4.I2.3