The Majority Opinion
The Court first considered whether the plaintiff was disabled
as defined in the ADA. The relevant section is 12102(2)(A) "a physical or mental
impairment that substantially limits one or more of the major life activities
of such individual." Before discussing whether the plaintiff met this test,
the Court indirectly addressed the lower courts' attempts to narrow the ADA
by over restrictive readings of its provisions. The Court noted that when Congress
uses well-established terms, it intends that they be construed in accordance
with established interpretations, and that this is explicit in the ADA: "Except
as otherwise provided in this chapter, nothing in this chapter shall be construed
to apply a lesser standard than the standards applied under Title V of the Rehabilitation
Act of 1973 (29 U.S.C. § 790 et seq.) or the regulations issued by Federal
agencies pursuant to such title."
The Court found that the plaintiff had to show three things:
(1) that HIV was a physical impairment; (2) that it affected some major life
activity; and (3) that this limitation be substantial. All of the judges' opinions
accepted that HIV infection, irrespective of the symptoms, is a physical impairment
as contemplated by the ADA. The Court's opinion goes into unnecessary length
on the technical details of HIV infection. (Although these are not necessary
to its conclusions, most courts cannot resist the temptation to lift scientific
jargon from the briefs before them, irrespective of whether it is relevant or
even in evidence.)
The Court's analysis is complicated by the politics of HIV-related
disability litigation. The position of AIDS rights organizations is that asymptomatic
HIV infection has no effect on the infected person's ability to carry on day-to-day
life activities. This position is incompatible with the requirements of the
ADA-if there is no effect on a major life activity, then the physical impairment
is not a covered disability. However, conceding that asymptomatic HIV infection
does have an effect on major life activities means that employers and others
might have a right to know HIV status if its effect on major life activities
might endanger others. Plaintiff finessed this by focusing on her ability to
bear children.
Defendant argued that reproduction, as the court termed it,
was not a major life activity as contemplated by the ADA. Defendant's theory
was that the ADA required that the life function affected be of a public, economic,
or daily character. (Although not put in these terms, this essentially means
that the disability be related to the claimed discrimination.) In what may be
the most significant part of the opinion, the Court found that a major life
activity need not be economic, public, or recurrent, that the key word was major,
and that reproduction was a major life activity. This analysis potentially overrules
many circuit cases that used a very narrow definition of major life activity.
The third prong of the ADA definition is whether the impairment
affects the major life activity. Plaintiff argued that the chance of infecting
a partner and passing the infection on to her children affected the major life
activity of reproduction. The Court could find no guidance on this issue, but
agreed that these factors certainly affected a person's decision to have children.
The Court held that this satisfied the ADA requirements, making her HIV infection
a covered disability.
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