Legal Topics

Americans with Disabilities Act

Reports

Congressional Research Service recently released Genetic Information: Legal Issues Relating to Discrimination and Privacy - 10 March 2008.

Supreme Court Cases

Review - The United States Supreme Court Rules on the Americans With Disabilities Act - through Sept 1999.

ADA Title II (access) is a valid abrogation of the 11th Amendment - Tennessee v. Lane, 541 U.S. 509 (2004)

Brief - The Supreme Court Allows Employees to be Excluded From the Workplace for Personal Safety, Narrowing the ADA - Chevron U.S.A. Inc. v. Echazabal, 122 S.Ct. 2045 (2002)

Arbitration agreements do not bar EEOC prosecution - Equal Employment Opportunity Commission v. Waffle House, Inc., 534 U.S. 279 (2002)

Brief - Supreme Court Refines the Definition of Disability under the ADA - Toyota Motor Mfg., Kentucky, Inc. v. Williams, 534 U.S. 184 (2002)

Brief - Professional golf tournament covered by the ADA - PGA Tour, Inc. v. Martin, 121 S.Ct. 1879 (2001)

Brief - ADA Employment Provisions Do Not Apply To The States - Board of Trustees of the University of Alabama v. Garrett U.S. 02-21-2001)

Refining Bragdon's Definition of Significant Life Activity - Albertsons, Inc. v. Kirkingburg, 119 S.Ct. 2162 (1999)

Supreme Court Defines Significant Life Activity and Signficant Risk - Bragdon v. Abbott, 118 S.Ct. 2196, 141 L.Ed.2d 540, 8 A.D. Cases 239 (1998) - on remand.

Disability is Measured After Medication or Mitigation - Sutton v. United Air Lines Inc., 119 S.Ct. 2139 (1999)

Reconciling Social Security Disability Insurance with ADA - Supreme Court Rules There Is No Inherent Conflict - Cleveland v. Policy Management Systems Corp. , 526 U.S. 795 (1999)

Applying the ADA to Involuntary Mental Patients - Olmstead v. L.C. ex rel. Zimring 119 S.Ct. 2176 (1999)

Cases and Briefs

McCarthy v. Hawkins, 381 F.3d 407 (5th Cir. 2004) - state officials can be sued in their official capacity for Ex parte Young claims. This case was brought to force Texas officials to comply with Medicaid and ADA laws.

Obesity as an ADA Disablity/1983 enforcement of Medicaid - Mendez v. Brown, 311 F.Supp.2d 134 (D.Mass. 2004)

States Immune from Individual Claims under ADA - Stevens v. Illinois Department of Transportation, No. 98-3550 (7th Cir. 04-11-2000)

Court Rejects "Danger to Self" as Defense for Not Hiring Employee Under the ADA - Echazabal v. Chevron USA, Inc., No. 98-55551 (9th Cir. 05-23-2000)

Brief - Firing employees for substance abuse - E.E.O.C. v. Exxon Corp., 203 F.3d 871 (5th Cir. 2000)

Brief - Changing job structures as an ADA accommodation - Hoskins v. Oakland County Sheriff's Department, No. 99-1491 (6th Cir. 07-31-2000)

Brief - Learning disabilities under the ADA - no right to attend medical school - Betts v. Rector and Visitors of University of Virginia, 113 F.Supp.2d 970 (W.D.Va. 2000)

Brief - Taking a Professional Licensing Exam as a Significant Life Activity under the ADA - Bartlett v. New York State Bd. of Law Examiners, 226 F.3d 69 (2nd Cir.(N.Y.) 2000)

Brief - Medical Staff Privileges under the ADA - Menkowitz v. Pottstown Memorial Medical Center, 154 F.3d 113 (3rd Cir.(Pa.) 1998)

Tuberculosis as a disability - School Bd. of Nassau County, Fla. v. Arline, 480 U.S. 273, 107 S.Ct. 1123, 94 L.Ed.2d 307 (1987)

Related Cases

Hospital may restrict practice of HIV infected surgeon - In re Milton S. Hershey Medical Ctr., 535 Pa. 9, 634 A.2d 159 (1993)

Hospital may restrict practice of HIV infected surgeon - Estate of William Behringer v. Medical Center at Princeton, 249 N.J.Super. 597, 592 A.2d 1251 (N.J.Super.Law Div. 1991)

Risk To Fetus Does Not Disqualify Women From Job - International Union v. Johnson Controls, 499 U.S. 187 (1991)