ADA Information: Garrett Case
The 1990 Americans with Disabilities Act (ADA) gives those discriminated against due to disability the right to sue for compensatory damages (e.g., reinstatement to a job or back pay) and additional monetary damages for egregious discrimination. These are the same protections that women and minorities have under the Civil Rights Act of 1964.
In February 2001, however, the U.S. Supreme Court ruled in University of Alabama vs. Garrett that Congress lacked the authority to give people with disabilities the right to sue public employers. It held that only the federal government could bring such lawsuits. The Court also said that even in cases where a public employer has engaged in such discrimination the person is only entitled to such relief as having their job reinstated, but not "punitive damages". While the decision places people with disabilities in a "second class" status compared to other groups, it in no way undermines other provisions of the ADA.



