Sutton v. United Air Lines, Inc., 527 U.S. 471, 27 (1999)

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Cite as: 527 U. S. 471 (1999)

Stevens, J., dissenting

expressly provided that the "purpose of [the ADA is] to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities." 42 U. S. C. § 12101(b)(1). To that end, the ADA prohibits covered employers from "discriminat[ing] against a qualified individual with a disability because of the disability" in regard to the terms, conditions, and privileges of employment. 42 U. S. C. § 12112(a) (emphasis added).

The Act's definition of disability is drawn "almost verbatim" from the Rehabilitation Act of 1973, 29 U. S. C. § 706(8)(B). Bragdon v. Abbott, 524 U. S. 624, 631 (1998). The ADA's definition provides:

"The term 'disability' means, with respect to an individual—

"(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual;

"(B) a record of such an impairment; or "(C) being regarded as having such an impairment." 42 U. S. C. § 12102(2).

The three parts of this definition do not identify mutually exclusive, discrete categories. On the contrary, they furnish three overlapping formulas aimed at ensuring that individuals who now have, or ever had, a substantially limiting impairment are covered by the Act.

An example of a rather common condition illustrates this point: There are many individuals who have lost one or more limbs in industrial accidents, or perhaps in the service of their country in places like Iwo Jima. With the aid of pros-theses, coupled with courageous determination and physical therapy, many of these hardy individuals can perform all of their major life activities just as efficiently as an average couch potato. If the Act were just concerned with their present ability to participate in society, many of these individuals' physical impairments would not be viewed as dis-

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