ADA Information: Garrett Case
Supreme Court Ruling Limits Reach of the ADA
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On February 21, the U.S. Supreme Court reversed a lower court ruling and decided against people with disabilities the case of Board of Trustees of the University of Alabama vs. Garrett, commonly called the "Garrett case." The issue - whether a State may discriminate in employment based upon state employees Patricia Garrett's and Milton Ash's disabilities - was decided by a 5 to 4 vote.
The Court ruling held that there is no individual right to sue a State for employment discrimination based on disability, only a right to sue on the part of the federal government. Second, it that a person with a disability who shows there was employment discrimination may receive "injunctive relief," such as having the person's job reinstated, but not "punitive damages" such as money exceeding the person's direct economic loss, if any.
These principles were based on the Eleventh Amendment to the Constitution, which is premised on the doctrine of "sovereign immunity," meaning a State cannot be held to be liable for discrimination in the same way a private entity could be.
Although this decision places people with disabilities in a "second class" status compared to other protected groups, analysts' initial view is that the Garrett decision in no way undermines the Supreme Court's 1999 Olmstead decision requiring States to move more people with disabilities from institutions to community placements. Additionally, the Garrett decision applies only to Title I of the Americans with Disabilities Act (ADA) and so does not affect the ADA protections in its Title II.
Read the full story in the New York Times.
Note: The above information is not intended as legal advice, which should be obtained only from a qualified attorney.