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.)