Labor Law -- 1999



Sutton v. United Airlines, Inc.   (U.S. Supreme Court)

Disabilities under ADA

On January 8, 1999, the Supreme Court granted certiorari in this case to determine whether a person with a physical or mental impairment under the Americans with Disabilities Act can be excluded from protection under the Act if her impairment can be corrected. In June it ruled that she could be excluded.

Plaintiffs are twin sisters who are commercial airline pilots for regional commuter airlines. The twin sisters applied to be pilots for United Airlines but were told by the airline that their uncorrected vision disqualified them from pilot positions. United refused to hire the twins because they failed to meet the requirement that all pilot applicants have uncorrected vision of 20/100. Their uncorrected vision in the right eye is 20/200 and 20/400 in the left eye.

The trial court ruled that the twins are not protected under the ADA because their poor vision is 20/20 in both eyes when they wear glasses or contact lenses. The Tenth Circuit affirmed, holding that the plaintiffs cannot present any set of facts showing that their vision, when viewed with mitigation or corrective measures, substantially limits a major life activity.

The Supreme Court ruled that the plaintiffs had failed to allege that they were actually disabled, since their vision was 20/20 or better with corrective lenses. The Court also held that a person is "regarded as" disabled under the ADA only if the employer mistakenly believes that the person’s actual, nonlimiting impairment substantially limits one or more major life activities. Therefore, ADA plaintiffs who claim that an employer regards them as substantially limited in the major life activity of working must, at a minimum, allege an inability to work in a broad class of jobs.