514
Breyer, J., dissenting
without merit or otherwise drew too much time and attention away from those whom Congress clearly sought to protect, there is a remedy. The Equal Employment Opportunity Commission (EEOC), through regulation, might draw finer definitional lines, excluding some of those who wear eyeglasses (say, those with certain vision impairments who readily can find corrective lenses), thereby cabining the overly broad extension of the statute that the majority fears.
The majority questions whether the EEOC could do so, for the majority is uncertain whether the EEOC possesses typical agency regulation-writing authority with respect to the statute's definitions. See ante, at 479-480. The majority poses this question because the section of the statute, 42 U. S. C. § 12116, that says the EEOC "shall issue regulations" also says these regulations are "to carry out this sub-chapter" (namely, § 12111 to § 12117, the employment sub-chapter); and the section of the statute that contains the three-pronged definition of "disability" precedes "this sub-chapter," the employment subchapter, to which § 12116 specifically refers. (Emphasis added.)
Nonetheless, the employment subchapter, i. e., "this sub-chapter," includes other provisions that use the defined terms, for example a provision that forbids "discriminat[ing] against a qualified individual with a disability because of the disability." § 12112(a). The EEOC might elaborate, through regulations, on the meaning of "disability" in this last-mentioned provision, if elaboration is needed in order to "carry out" the substantive provisions of "this subchapter." An EEOC regulation that elaborated on the meaning of this use of the word "disability" would fall within the scope both of the basic definitional provision and also the substantive provisions of "this" later subchapter, for the word "disability" appears in both places.
There is no reason to believe that Congress would have wanted to deny the EEOC the power to issue such a regulation, at least if the regulation is consistent with the earlier
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