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

Requiring an Employee to Undergo a Psychological Test as a Condition of Employment Does Not Violate the Fourth Amendment Because Such Tests Do Not Constitute a "Search"

Greenawalt v. Indiana Dep't of Corr., 397 F.3d 587 (7th Cir. 2005)

Psychological examinations are required as a condition of employment in a number of fields. Because the exams may explore relatively private and sensitive matters, various employees have filed lawsuits to exempt them from such requirements.  In Indiana, a research analyst objected when officials with the Indiana Department of Corrections told her that to keep her job she would have to submit to a psychological exam.  The test lasted two hours and was acknowledged to inquire into details of her personal life.  The research analyst filed a federal claim that the test by state officers violated her Fourth Amendment right to be free from unreasonable searches and seizures by the government...

Found in DMHL Volume 24 Issue 2

Monetary Damages Can Be Recovered from a State Under the ADA When Disability Discrimination Also Violates the Constitution

United States v. Georgia, 126 S. Ct. 877 (2006)

Title II of the Americans with Disabilities Act of 1990 (ADA) places limits on the ability of public entities, including states, to exclude or deny benefits to an individual with a mental or physical disability.  Although Title II authorizes private citizens to file lawsuits seeking to recover monetary damages from public entities that violate the ADA, the Eleventh Amendment of the federal Constitution recognizes the sovereign immunity of the states and generally provides them with immunity from such suits...

Found in DMHL Volume 25 Issue 2