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Disabilities Law:
Albertson's v. Kirkingburg

Docket Number: 98-591
Appealed From: U.S. Court of Appeals, 9th Circuit
Subjects: Americans with Disabilities Act, 42 U.S.C. 12112(a); employment discrimination

Argued: April 28, 1999

Decided: June 22, 1999
Vote: 9-0

At Issue: Whether a truck driver blind in one eye who received a waiver from Department of Transportation vision standards is disabled for the purposes of the Americans With Disabilities Act.

Decision: The justices voted unanimously that the plaintiff in this case was not protected by the Americans With Disabilities Act. They ruled that employers who set job qualifications based on federal safety standards do not have to overlook those standards when a worker obtains a waiver from the federal agency.

The full text of the Albertson's v. Kirkingburg decision is available at the FindLaw Internet Legal Resources Web site.

The full text of the 1997 decision from the 9th Circuit, Kirkingburg v. Albertson's, Inc., also is available at FindLaw.

Full text of the Americans with Disabilities Act, and the Justice Department's ADA home page.

The pertinent provision on equal employment opportunities for the disabled in the U.S. Code (42 U.S.C. 12112 (a)), is available at the Web site for the U.S. House of Representatives' Office of the Law Revision Counsel.

Background from The Post
Supreme Court Limits Meaning of Disability (June 23, 1999)
High Court Focuses on 3 Disability Cases (April 29, 1999)
Cases Could Affect Disabilities Law (February 21, 1999)

Sources: The Washington Post, Supreme Court, The United States Law Week (a Bureau of National Affairs, Inc. publication)

© Copyright 1999 The Washington Post Company

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