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This article explores policy considerations in determining the level of disability under the Americans with Disabilities Act, and how this standard works at cross-purposes with the goals of equal employment opportunity. The authors proposes that the purposes and rationales for encouraging people with disabilities to both receive benefits they are eligible for, while at the same time trying to secure a job, and therefore the doctrine of judicial estoppel should be abandoned in favor of a more measured approach in order to harmonize the two worthy goals of help for the disabled and equal employment opportunities.