American Journal of Law & Medicine

Disability and ADA: state sovereign immunity to Title I of ADA under review.(Americans with Disabilities Act)

Disability & ADA: State Sovereign Immunity to Title I of ADA Under Review--Univer. of Alabama v. Garrett(1)--The Supreme Court of the United States held that the Eleventh Amendment(2) to the United States Constitution bars individuals from suing a state for failure to comply with Title I of the Americans with Disabilities Act of 1990 ("ADA").(3) Respondents, Garrett, a registered nurse at the University of Alabama in Birmingham Hospital, and Ash, a security officer for the Alabama Department of Youth Services, brought suit to collect money damages for the state's failure to make "reasonable accommodations" for their disabilities under section 12112(b)(5)(A) of the ADA.(4)

The Court discussed Article I of the Constitution as a possible source of congressional authority to abrogate state immunity under the Eleventh Amendment. …

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