Supreme Court to Test ADA
Dateline: 09/07/00
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"Amendments to our Constitution and laws have been written to assure equal opportunity for people of all races, religions, and gender. Those laws - like laws against theft, forgery or other misdeeds - have been written to compel right behavior. And so we who support the ADA must confront those who dismiss it as a mere 'feel good' law..." Gary Presley: The ADA as Feel Good Legislation |
On October 11, the United States Supreme Court will hear a case questioning the constitutionality of the Americans with Disabilities Act (ADA) and whether Congress had the constitutional authority under the Fourteenth Amendment to enact it.
The Court's decision in the case -- University of Alabama v. Garrett (No. 99-1240) -- could have a profound impact not only on the rights of disabled individuals, but on the civil rights of all Americans for years to come.
Should the Court rule that Congress did, indeed, overstep its constitutional authority in enacting the ADA, disabled individuals could lose the right to file suit against the states in order to enforce Titles I and II of the ADA. In addition, such a ruling could call into question the overall constitutionality of Title II of the ADA, as well as many other disability rights statutes.
In the case of University of Alabama v. Garrett, the State of Alabama argues that parts of Titles I and II of the ADA violate the rights of the states under the Eleventh Amendment.
Basics of the Garrett Case
Patricia Garrett had been an Alabama state employee working as a supervising
nurse at the University of Alabama's medical center in
Birmingham since 1977. In 1994, Garrett was diagnosed with breast cancer. She
had surgery to remove her lymph nodes and underwent extensive radiation and
chemotherapy treatments for the next year. When she attempted to return to work
in1995, Garrett was demoted and given significantly lower pay.
Garrett sued the Board of Trustees at the University of Alabama, claiming damages for discrimination under the Americans with Disabilities Act (ADA), which prohibits discrimination on the basis of disability in employment. Her attorney's argued that the university violated Garrett's rights by demoting her after taking approved sick leave.
Attorneys for Alabama argued that the US Congress lacked the constitutional power to enact the ADA, thereby forcing states to pay damages for injuries caused by the state's violation of the Act.
A district court judge agreed with Alabama and threw out the suites of both Garrett and another state employee on grounds that the Eleventh Amendment precludes individuals from suing the government without its approval.
The Eleventh Amendment states, in full, "The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state."
But, in a 2-1 opinion, the U.S. Court of Appeals for the Eleventh Circuit reversed the district court, finding that the Fourteenth Amendment gives Congress the power to require states to pay damages for violations of federal statutes, like the ADA. (Text of Appeals Court Decision.)
The Supreme Court's decision in University of Alabama v. Garrett will specifically determine whether or not state employees are protected against discrimination under Titles I and II of the ADA:
Title I, Section 102 - Discrimination - of the ADA states:
"No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment."Title II, Section 202 - Discrimination - of the ADA states:
"Subject to the provisions of this title, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity."Complete Text of the Americans With Disabilities Act (ADA)
From the U.S. Department of Justice
The Court's decision in University of Alabama v. Garrett is expected in early 2001.
Criticism and Defense of the ADA
Since its passage 10 years ago, the ADA has been criticized for its
often substantial and expensive burdens on businesses and government.
In his excellent article -- "Do We Deserve to Feel Good About the ADA?" -- Disabilities Issues Guide Gary Presley defends the ADA against a CNN report relegating the Act to the status of "feel good legislation," -- expensive laws that sound good, but really help few people.
To quote Gary Presley, " Amendments to our Constitution and laws have been written to assure equal opportunity for people of all races, religions, and gender. Those laws - like laws against theft, forgery or other misdeeds - have been written to compel right behavior. And so we who support the ADA must confront those who dismiss it as a mere 'feel good' law..." (From: "Do We Deserve to Feel Good About the ADA?")
Reference Links
Decision of the U.S. 11th Circuit Court of Appeals
Court ruled that Congress had the constitutional authority to enact the ADA and to require states to pay damages for violations.On The Docket -- Northwestern University
Complete description of the events and court actions in the case of University of Alabama v. Garrett.National Council on Disability
The National Council on Disability (NCD) is an independent federal agency making recommendations to the President and Congress on issues affecting 54 million Americans with disabilities.The United States Commission on Civil Rights
The President's Committee on Employment of People with Disabilities
"The ADA has resulted in a surprisingly small number of lawsuits - only about 650 nationwide in five years."
The ADA as 'Feel Good' Legislation
A controversial essay by Professor Marci Hamilton appeared recently on CNN/Interactive. Hamilton dismissed the Americans with Disabilities Act as 'feel good legislation.' Does the ADA cause economic hardship and undue bureaucratic interference? Thought provoking analysis by About Guide to Disability Issues Gary Presley.
Commentary and annotated links on some controversial effects of the Americans with Disabilities Act. From Law Guide Paul S. Reed.
Links to online information regarding the Americans with Disabilities Act (ADA) and mental illness. From Bipolar Disorders Guides Kimberly Bailey & Marcia L Purse.
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