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

Included in

Law Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.