Albertson's, Inc. v. Kirkingburg, 527 U.S. 555, 26 (1999)

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580

ALBERTSON'S, INC. v. KIRKINGBURG

Thomas, J., concurring

For that reason, requiring petitioner to make such an accommodation most certainly would have been unreasonable.

The result of this case is the same under either view of the statute. If forced to choose between these alternatives, however, I would prefer to hold that respondent, as a matter of law, was not qualified to perform the job he sought within the meaning of the ADA. I nevertheless join the Court's opinion. The Ninth Circuit below viewed respondent's ADA claim on the Government's terms and petitioner's argument here appears to be tailored around the Government's view. In these circumstances, I agree with the Court's approach. I join the Court's opinion, however, only on the understanding that it leaves open the argument that federal laws such as DOT's visual acuity standards might be critical in determining whether a plaintiff is a "qualified individual with a disability."

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