Affiliations: Department of Rehabilitation Counseling, Virginia
Commonwealth University, Richmond, VA, USA
Note: [] Address for correspondence: Brian T. McMahon, Department of
Rehabilitation Counseling, Virginia Commonwealth University, P. O. Box 980330,
Richmond, VA 23298-0330, USA. Tel.: +1 804 827 0917; Fax: +1 804 828 1321;
E-mail: BMcBull@vcu.edu
Abstract: Nine years after enactment of the Americans with Disabilities Act,
three Supreme Court decisions, known as the Sutton trilogy, required that
mitigating circumstances be considered in determining whether or not a
particular individual has a disability under the statute. This article
evaluates how the Sutton trilogy has altered the nature and scope of employment
discrimination experienced by Americans with diabetes. Allegations of workplace
discrimination filed by Americans with diabetes with the Equal Employment
Opportunity Commission were examined. Pre-Sutton allegations (n=5644) were
compared and contrasted with Post-Sutton allegations (n=5793) on specified
characteristics including industry, issue, and rate of merit resolution.
Findings fail to support the position that the Sutton trilogy deterred
Americans with diabetes from registering formal complaints, but it may have
emboldened employers to engage in more widespread and egregious levels of
discrimination.
Keywords: Employment discrimination, Americans with Disabilities Act, diabetes, Supreme Court
