Aurora works as an accountant for a large firm. She has moderate asthma, and occasionally needs to use an inhaler at work. Six months ago, her company hired a new cleaning company that uses strong cleaning agents to shampoo the carpets, which has triggered more intense asthma symptoms. She has come to you, her attorney, and wants to know if she has a disability that is protected by the ADA. Which of the following is not a factor the EEOC or the courts would use to determine if Aurora is disabled?
A person is disabled if they have a physical or mental impairment, that is some disorder or condition that affects a bodily function like respiration.
The disorder must substantially limit a major life activity, like breathing.
Any disability must determined without regard to mitigating measures like medication and inhalers.
All of these are factors used to determine if an individual has a disability protected by the ADA.
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