Call Us: US - +1 845 478 5244 | UK - +44 20 7193 7850 | AUS - +61 2 8005 4826

Understanding Alternative Program Models

The last, of course, need not please the disability rights movement. For example, in a series of early cases (Sutton v. United States Air Lines, Inc. (No. 97-1943), Albertsons Inc. v. Kirkingburg (No. 98-591) and Murphy v. United Parcel Service Inc. (No. 97-1992)), the Court “ruled that ADA does not protect people who have conditions or disabilities that are being corrected with medication or assistive devices such as eyeglasses” (National Council on Disabilities 1999a: 2). It is possible, therefore, that contrary to what those in the disability rights movement might wish, “people with treatable conditions such as epilepsy, diabetes, and bipolar disorder [are] outside the law’s protection, as well.” (NCD 1999a: 2)

Later Supreme Court rulings have also not all been pleasing to the movement. In one such case, (Board of Trustees of the University of Alabama v. Garrett, 531 U.S. 356 (2001)), the Court, in the view of a report to the National Council, (NCD 2002b), “devastatingly stripped the right of state workers to sue their employers for money damages for violations of Title I of ADA, which prohibits employment discrimination against people with disabilities.” In another ruling, (Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 122 S.Ct. 681 (2002)), the Court, in what the NCD (2000b) views as “inordinately restrictive view of what is required to demonstrate disability under ADA,” held “that Congress intended to create a demanding standard for meeting the definition ‘disabled’ and suggests that people must be visibly and functionally unable to perform in certain specific