Document Type
Article
Media Type
Text
Abstract
The article posits that judicial interpretations have virtually eliminated many impairments, such as alcoholism, from protection under the Americans with Disabilities Act, contrary to obvious Congressional intent. While this phenomenon is not limited to alcoholism, it is a useful illustration of the damage judicial activism has caused in this area. In enacting the ADA, Congress was particularly concerned about "stereotypic assumptions" that created myths and fears about disabled people. Alcoholics are often subjected to discrimination because of such assumptions and because they are not perceived as having a "real" illness. Moreover, Congress referred to alcoholism many times in the legislative history and included a specific reference to alcoholism in the statute. For these reasons, alcoholism illustrates the extreme difficulty of proving a disability under the current case law. Once employers discover that their employees with impairments, such as alcoholism, are no longer protected by the ADA, such employees may be terminated with impunity. The cost of this eventuality is high in economic, and especially, human, terms.
First Page
169
Last Page
246
Publication Date
5-1-2007
Department
Other
ISSN
0734-1490
Language
eng
Publisher
Northern Illinois University Law Review
Recommended Citation
Johnson, Judith J.
(2007)
"Rescue the Americans With Disabilities Act from Restrictive Interpretations: Alcoholism as an Illustration,"
Northern Illinois University Law Review: Vol. 27:
Iss.
2, Article 2.
Suggested Citation
Judith J. Johnson, Rescue the Americans With Disabilities Act from Restrictive Interpretations: Alcoholism as an Illustration, 27 N. Ill. U. L. Rev. 169 (2007).
