ADA Suit Against Government for Failure to Reasonably Accommodate Disabled Persons Does Not Require Showing that Persons Without Disability Treated Better

Henrietta D. v. Bloomberg, 331 F.3d 261 (2d Cir. 2003); 71(49) U.S. Law Week 1780-81 (June 24, 2003)

The Second Circuit held that individuals with a disability who claim the government has failed to reasonably accommodate their disability as required under Title II of the Americans with Disabilities Act (ADA) do not have to show that the government treated individuals who are not disabled better (i.e., that there was a "disparate impact"). The case was filed by HIV-infected individuals who allege New York City violated the ADA by not providing them with adequate access to public social service benefits such as food stamps, welfare benefits, and Medicaid coverage. The city responded there was no ADA violation because the plaintiffs received the same­ albeit difficult to obtain-access to services as persons without disabilities...

Found in DMHL Volume 23 Issue 1