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Article: Eleventh Circuit revives disability bias lawsuits against states.
- Article from:
- Trial
- Article date:
- December 1, 2003
- Author:
CopyrightCOPYRIGHT 2003 American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Two years ago, the U.S. Supreme Court dealt what looked like a death blow to disability discrimination claims against states, ruling that state workers could not sue their employers for money damages under the Americans with Disabilities Act (ADA). (Bd. of Trustees of the Univ. of Ala. v. Garrett, 121 S. Ct. 955 (2001) (Garrett I).)
But the case that took the hit was recently revived by a federal appellate court and may be headed back to the High Court for round two.
On remand, the Eleventh Circuit concluded that state sovereign immunity, which had felled the Garrett plaintiffs' ADA claims at the Supreme Court level, had been waived under [section] 504 of ...