Sutton v. United Air Lines, Inc., 527 U.S. 471, 28 (1999)

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498

SUTTON v. UNITED AIR LINES, INC.

Stevens, J., dissenting

abilities. Similarly, if the statute were solely concerned with whether these individuals viewed themselves as disabled—or with whether a majority of employers regarded them as unable to perform most jobs—many of these individuals would lack statutory protection from discrimination based on their prostheses.

The sweep of the statute's three-pronged definition, however, makes it pellucidly clear that Congress intended the Act to cover such persons. The fact that a prosthetic device, such as an artificial leg, has restored one's ability to perform major life activities surely cannot mean that subsection (A) of the definition is inapplicable. Nor should the fact that the individual considers himself (or actually is) "cured," or that a prospective employer considers him generally employable, mean that subsections (B) or (C) are inapplicable. But under the Court's emphasis on "the present indicative verb form" used in subsection (A), ante, at 482, that subsection presumably would not apply. And under the Court's focus on the individual's "presen[t]—not potentia[l] or hypothetica[l]"—condition, ibid., and on whether a person is "precluded from a broad range of jobs," ante, at 492, subsections (B) and (C) presumably would not apply.

In my view, when an employer refuses to hire the individual "because of" his prosthesis, and the prosthesis in no way affects his ability to do the job, that employer has unquestionably discriminated against the individual in violation of the Act. Subsection (B) of the definition, in fact, sheds a revelatory light on the question whether Congress was concerned only about the corrected or mitigated status of a person's impairment. If the Court is correct that "[a] 'disability' exists only where" a person's "present" or "actual" condition is substantially impaired, ante, at 482, there would be no reason to include in the protected class those who were once disabled but who are now fully recovered. Subsection (B) of the Act's definition, however, plainly covers a person who previously had a serious hearing impair-

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