. >> miss halligan? >> mr.ce and may it please the court justice breyer, you are exactly correct. had petitioner believed that the policy that u.p.s. applied, which was to provide accommodations to employees who are injured on the job but not provide accommodations to any employees who sustain a condition incurred off the job, she could have brought a disparate impact claim. we believe she would not have succeeded. but she could have and she did not. she attempted to bring one late in the day. it was dismissed by the district court because it had not been exhausted. >> miss halligan can we talk about the claim she did bring? >> yes. >> you are reading the statute. it basically makes everything ( z after the semicolon completely superfluous. and i think you would agree with that >> absolutely not, your honor. the reading we propose is very straightforward. what congress said in the second clause, the key words are the same as other persons. what other means is simply distinct from whatever is mentioned first. so