Please ensure Javascript is enabled for purposes of website accessibility

05-2338 Scheerer v. Potter

By: dmc-admin//April 16, 2006//

05-2338 Scheerer v. Potter

By: dmc-admin//April 16, 2006//

Listen to this article

“Scheerer repeatedly argues that the district court erred in not considering the progressive and deteriorating nature of his disease to determine whether he was disabled. But taken to its logical conclusion, Scheerer’s argument here would result in any individual with a progressive disease being designated as disabled at any point in time, merely because of the likely progressive nature of the impairment. The clear problem with this proposal is that it necessarily requires employees, employers, administrative bodies, and, inevitably, courts to speculate and predict on the likely future course of a progressive disease. Cf. Bragdon, 524 U.S. at 637 (holding that asymptomatic HIV could be a physical impairment that substantially limits the major life activity of reproduction because its effects are immediate on reproductive decisions). Given the wide variety of potential outcomes across individuals, particularly when considered in tandem with potential treatments, possible interventions, and general individual differences in response to progressive diseases, this is plainly an unworkable solution. Instead, the better course (and one mandated by the statute) is to require an individual to meet the requirements of disability at the time he seeks protections under the Rehabilitation Act. The discussion above is not intended to minimize the significant suffering and pain experienced by the plaintiff here. There can be no doubt that he has experienced numerous difficulties that have impacted his life, and, indeed, in August 2003 he suffered an amputation of his right foot (several months after the Postal Service had reasonably accommodated him). The Rehabilitation Act, however, requires a significantly higher level of impairment than Scheerer (fortunately) can show during the pertinent time period, and, as a result, summary judgment was appropriate in this case.”

Affirmed.

Appeal from the United States District Court for the Western District of Wisconsin, Shabaz, J., Williams, J.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests