Those with Disabilities Take Heed: Eighth Circuit Suggests That ADA May Not Protect Those Who Fail to Control a Controllable Disability

Authors

Brian T. Rabineau

Abstract

Finding that millions of Americans suffer discrimination as a result of a disability, the federal government enacted the Americans with Disabilities Act ("ADA") in an attempt to rectify and prevent such injustice.2 For the most part, many will find themselves within the ADA's protection. At times, however, an individual may be unable to establish a prima facie case of discrimination, thereby finding himself excluded In Burroughs v. City of Springfield, a case of first impression, the Eighth Circuit considered whether the ADA's protection extends to one who fails to control his diabetes.' The court determined that failure to control a controllable disability, to the extent that it negatively impacts one's ability to ."meet the employer's legitimate job expectations," does not warrant protection by the ADA

Recommended Citation

Brian T. Rabineau, Those with Disabilities Take Heed: Eighth Circuit Suggests That ADA May Not Protect Those Who Fail to Control a Controllable Disability, 65 Mo. L. Rev. (2000)
Available at: https://scholarship.law.missouri.edu/mlr/vol65/iss1/16