Unfortunately, the Court’s opinion ignored the issue of whether the 
determination of  effect on a major life activity must be specific to the plaintiff. 
Instead, the court  presented a barrage of information about what a bad 
disease HIV is and how it is  clear that HIV-infected persons are impaired. It is 
clear that HIV infection does affect  several major life activities and that this 
case is correctly decided. However, the  Chief Justice’s concern with 
individualized determinations is well founded. Not every  disability is so clear-
cut as to its effects on the major life activities. Many diseases  have a spectrum 
of effects, ranging from minor alterations in diagnostic tests with  little chance 
of progression, to full-blown disease with major illness and death. This  is 
especially problematic in mental illnesses, with their highly variable course. In 
these cases, the question of whether the individual plaintiff need show an effect 
of  the disease is very relevant. The Court gives no guidance on this very 
difficult issue.  (Although not discussed by any judge, the converse problem is 
also possible: if the  standard is a generic one, what happens to a plaintiff who 
is personally disabled by  a condition that usually does not disable others.)